These are the Terms, Conditions, and Acceptable Use Policies for services provided by IntuitSolutions Inc. (along with the Proposal Agreement collectively the “Agreement”). By accessing services provided by IntuitSolutions, you (the “Customer”) agree to abide by the terms, conditions, and acceptable use policies in the Agreement.
Summary: We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what, and what happens if something goes wrong. You won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We want what’s best for the safety of both parties, now and in the future.
Acceptable/Lawful Use: You are responsible for conforming with all federal, state, and local laws regarding the Internet and electronic communications. You must respect the intellectual property and copyrights of resources provided by others on the Internet. You may not participate in any illegal activities while using our services. You are responsible for keeping your activities legal, and for censoring yourself and your website. Customers are not permitted to post any material that is illegal, defamatory, or otherwise tortious or likely to result in retaliation against IntuitSolutions. Should the posted material fall into one of these categories, we reserve the right to immediately refuse or terminate service.
Data & Backup: While we do back up our system files, database files, and template files (when we work on a theme or template) as a courtesy to our Customers, we cannot and do not back up files uploaded by our Customers. Customers are responsible for archiving any and all historical data and log files themselves. IntuitSolutions shall not be held liable for any losses or damages of any kind related to your loss of data or log files for any reason. You agree that IntuitSolutions has the right to delete all data, files, and/or other information that is stored on IntuitSolutions’ servers and computers upon termination of the services, cancellation of your account due to non-payment, or violation of a term, condition or the acceptable use policies in the Agreement.
Refusal of Service: We reserve the right to terminate or refuse service to anyone. We reserve the right to refuse service to any Customers or users who are under 18 years old. Misrepresentation of age is grounds for termination.
Indemnification: You are responsible for all actions you take or cause to be taken in your use of the services. As a condition of service, you agree to indemnify and hold harmless our officers, directors, employees, agents, and shareholders for any cause of action originating from the use of services.
Assignment or Transfer: Customers cannot assign or transfer the rights or obligations associated with this Agreement, in whole or in part, without the written consent of IntuitSolutions.
Price Adjustments: Customers have 30 days from notification of price increases to cancel the affected service without penalty. Prices may be reduced or new services and options may be put into effect without advance notice.
Limitations of Warranty and Assumption of Risk: Customers use IntuitSolutions’ services at their own risk. IntuitSolutions makes no representations or warranties, expressed or implied, regarding the services. Service is provided “as is.” We are not responsible for hardware or software damage, loss of data, loss of wages, or any other financial or personal loss resulting from the use of, or inability to use, our services. Any liabilities are strictly limited to the amount of the fee paid for services rendered. IntuitSolutions shall not be liable for claims of damages made by any third party for any cause whatsoever.
Hold Harmless: Customer agrees to indemnify and hold IntuitSolutions (including its officers, directors, employees, agents, and shareholders) harmless of any and all claims, costs, expenses or liability resulting from any damage to Customer’s business, service, equipment, network, operations, or reputation resulting from IntuitSolutions’ actions or the actions of our partners, contractors or resellers. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of defamation, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
Arbitration/Choice of Law: Both parties agree to submit any dispute relating to the subject matter of this Agreement to binding arbitration, in Philadelphia, Pennsylvania pursuant to the commercial rules then in effect of the American Arbitration Association. The parties surrender and waive the right to submit any dispute to a court or jury, or to appeal to a higher court. The arbitrator(s) shall not have the power to award punitive, consequential, indirect, or special damages. This Agreement shall be governed by and construed in accordance with the laws, both procedurally and substantively, of the Commonwealth of Pennsylvania applicable to contracts made and performed within the Commonwealth.
Revisions: IntuitSolutions reserves the right to revise, amend, or modify our Terms, Conditions, and/or Acceptable Use Policies at any time and in any manner.
Hourly Rates: Please contact us for our standard billing rate for design, programming, and support if not directly stated in your Project Agreement. Required emergency support, integrations, software development, or advanced support could be billed at a higher rate, which will be 1.5 times our standard rate. Should billable time not be measurable as a result of tasks performed by proprietary software, processes, and components, reasonable equivalent hours will be used based on historical experience. Work orders, quote agreements completed, and support time will be billed to the credit card we have on file. A paid receipt will be emailed to the Customer’s contact information email address when the transaction is processed which will include a project or work order description.
Billing Disputes: If an already billed amount is disputed, IntuitSolutions will make every effort to resolve the dispute in a timely manner. However, the full balance of the bill must still be paid in full by the due date while the resolution is pending.
How to Access or Modify Your Information: IntuitSolutions offers Customers the opportunity to access or modify information provided during registration. To access or modify such information, contact our Billing Customer Service Department at 866.901.4650.
DESIGN, DEVELOPMENT, AND RECURRING SERVICES (DIGITAL MARKETING) PROJECT TERMS AND CONDITIONS
In short: You are hiring IntuitSolutions to develop a website; fix, upgrade, or move an existing website; perform search marketing services and/or create apps, extension product or custom written applications hosted by IntuitSolutions for the estimated total price stated in the Proposal Agreement.
What both parties agree to do: As our Customer, you have the power and ability to enter into this Agreement on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images, and other information when we need it, and in the format that we ask for. You agree to review our work and provide us with one detailed list of revisions to the website at the conclusion of the development phase of the project. Deadlines work two ways and you understand that we cannot meet our targeted dates without timely delivery of the information asked of you. You also agree to stick to the payment schedule outlined in the Proposal Agreement. We have the experience and ability to perform the services you need from us and we will do so in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we cannot be responsible for a launch date. The decision to launch is completely dependent on you. When we present the work as completed to quote and awaiting revisions the final payment is due.
Design Phase (if applicable): Design process and specifications are included in the Customer’s Proposal Agreement or Statement of Work.
Development Phase: All development will be executed with modern code and best practices as the platform permits. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. We test on the most recent version of the top 4 browsers — Microsoft Edge, Mozilla Firefox, Safari, and Google Chrome — and the most recent legacy version of each. We will not test in browsers that are no longer supported, including MS Internet Explorer. If you need us to consider these older browsers, we are happy to assist but will charge you at our standard billing rate for any additional code and its testing.
Overwriting and Permissions: To avoid any potential complications during the development phase, we ask that you make no edits to the code until the development phase is completed. In the event development is stopped or slowed due to changes you made to the code or to our user account’s privileges or password being changed without notice, work to repair or correct the website will be billed at our standard billing rate.
Static Content: We will include the recreation of up to 15 static content pages in a standard Design and Development package. Unless noted otherwise in the Proposal Agreement, we charge one (1) billable hour per page of additional static content loaded into the site. This is specifically referring to loading static textual and graphical content and each page must follow one of the approved Content Page templates from the design phase. If your content pages require custom programming or functionality we will bill hourly at our standard billing rate for these enhancements.
Site Text and Copy Writing: We cannot be responsible for writing or inputting any text unless otherwise specified in the Proposal Agreement. You must have the appropriate rights to all text on your site. If requested we would be happy to help produce copy outside of the quoted cost of the project.
Photographs, Imagery and Logos: You will supply all needed imagery/logos/photographs in the digital format we request. If you choose to buy stock photographs we can suggest vendors of stock photography. You are responsible for securing any applicable rights or licenses for all art used on your site.
Revisions: We know from plenty of experience that fixed-price contracts are better suited for projects with a clearly defined scope. The quoted prices, as listed in your Proposal Agreement, are based on the number of hours that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. We will let you know how much and will just charge our standard billing rate for changes or additional customizations. Along the way we will document these requests on our project management system so both of us can keep track of changes.
Legal Stuff: While we can guarantee that the work we deliver will be functional and tested at the time the project is completed, we cannot guarantee that the code will function and remain error free indefinitely. We are not liable for future changes in the software or issues caused by you or any third party. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. If IntuitSolutions decides to refund the money a Customer paid to complete a project, the Customer must sign a confidential settlement agreement. Any waiver by a party of a breach of any provision in this Agreement shall not operate as or be construed to be a waiver of any other breach of that provision or of any breach of any other provision in this Agreement.
Copyrights: We cannot be held liable for your use of copyrighted material. We assume that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by you exclusively, or that you have express permission to use them on your website.
Payments & Cancellations: We’re sure that you understand how important it is that you pay on time and as agreed. IntuitSolutions offers the following payment methods: Visa, MasterCard, and American Express credit cards or bank cards. No other payment methods will be accepted. If the project is cancelled by the Customer before it (the project) is completed to quote, a fee for all work completed beyond what was already paid for shall be paid by the client. No deposit amount will be refunded. Although the language is simple, the intentions are serious. By signing the Proposal Agreement, you are agreeing to all that is presented in the Agreement.
Project Payments: Customer work orders will be billed 50% of the estimated project cost when the work begins and the balance will be charged when the work is completed and revisions, if applicable, are requested.
Work Order Payments: Work orders are a minimum of 10 hours. See “Project Payments” above for full terms.
Recurring Service Contracts: Unless otherwise stated in your Proposal Agreement, all recurring service contracts have a 6-month term. If cancelled before the 6-month term is complete, all fees associated with the contract term are still due. You can pause your service for up to 2 months without incurring additional fees. This effectively extends your service contract by the number of months paused. Any other changes to the recurring service contract, including but not limited to any agreed-upon increase in retainer scope and hours, will extend the service contract by 6 months.
HOSTING AND APP/ EXTENSION LICENSING POLICIES
Licensing: Any app or extension product or custom-written application is for use only on a single specified domain and may not be replicated on any other site without the express written consent of IntuitSolutions.
Service: IntuitSolutions will provide customer service and technical support to those Customers who consistently pay on time and follow IntuitSolutions’ billing policies.
Monthly Service Fees and Outstanding Balances: Your first hosting charge or app license charge is due the day we provision your service prorated to the end of the month. After the first month, payments for hosting and app license services are due on the first of each month. All payments will run automatically, and an email confirmation will be sent to the Customer. IntuitSolutions offers the following payment methods: Visa, MasterCard, and American Express credit cards or bank cards. No other payment methods will be accepted.
Ebizio Checkout Fees: Your first app license charge is due the day we provision your service with the fee prorated to the start of the next billing period. The full fee will be charged on your billing date every month thereafter. All payments will run automatically, and an email confirmation will be sent to the Customer. IntuitSolutions offers the following payment methods: Visa, MasterCard, and American Express credit cards or bank cards. No other payment methods will be accepted
Recurring Transactions: If a recurring credit card transaction is declined or does not settle by the 3rd of the month, a courtesy late-notice support ticket will be opened and we will email you. It is the Customer’s responsibility to keep their billing information updated. Accounts receiving late notices will be marked “past due” on the 7th of the month. Past-due accounts must be settled for the Customer to be eligible for Customer Support.
Past-Due Accounts: Any communication regarding outstanding balances will be documented on the support ticket we open on your behalf. Past-due accounts will be suspended on the 20th day of the month. A reactivation fee equal to at least one billable hour at our standard hourly rate in addition to any outstanding balance will be charged to reactivate suspended accounts.
Account Suspension: Suspended accounts not paid in full by the last business day of the month will be deleted and sent to a third-party collection agency. A collection fee equal to one billable hour at our standard hourly rate will be added to any unpaid balance. Accounts 30 days or more past due are subject to interest at the rate of 1.5% per month or the highest rate permissible by the Commonwealth of Pennsylvania until paid in full. When an account is deleted all data on the servers will be lost and will not be recoverable. IntuitSolutions assumes no responsibility to save for Customer, archive for Customer, or deliver to Customer any data files deleted for non-payment. To reactivate service, Customers of deleted accounts must bring past due balances, including interest and collection fees, current before signing up as a new Customer.
Cancellations: Unless the Proposal Agreement states otherwise, Customers may request to cancel services at anytime; however a 30-day, written cancellation request is required. This must be submitted via our project management system. Cancellation of any accounts by phone will not be accepted. Since all payments are due on the first of each month, cancellation requests must be received 30 days prior to the next scheduled payment. We will answer all cancellation requests promptly. If a written cancellation notice is not received then the service term will renew automatically.
No Refunds: No refunds on setup or app installation fees will be granted. No refunds on SSL Certificates or Domain Name registrations or renewals will be granted. No refunds will be granted for services terminated due to violations of our Terms, Conditions, or Acceptable Use Policies.
SSL Installation: Installation of all Secure Socket Layer (SSL) Certificates that are not purchased directly through IntuitSolutions will be billed at our standard hourly rate. SSL certificates that are purchased, installed, and managed by IntuitSolutions will be billed at $249.00 per year. We will make every effort to manage renewals but cannot be held responsible if a renewal deadline is somehow missed.
Personal Information IntuitSolutions Collects and How It Is Used: IntuitSolutions collects information in different ways from visitors and Customers who access the various parts of our services. We use this information primarily to provide a customized experience as you use our services. IntuitSolutions does not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that the law requires such disclosure or other special cases described below.
Registration: Customers are asked to provide certain personal information when they sign up for our services including name, address, telephone number, and billing information (such as a credit card number). The personal information collected during the registration process is used to manage each Customer’s account (such as for billing purposes). This information is not shared with third parties unless specifically stated otherwise or in special circumstances. However, in instances where IntuitSolutions and a partner jointly promote the services, IntuitSolutions may provide the partner with certain personal information, such as the name and address of persons who subscribed to the services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In this instance, the partner may not use personal information for any other purpose. If you order products or services directly from IntuitSolutions we will use the personal information you provide only to process that order. We do not share this information with outside parties except to the extent necessary to complete that order.
Special Cases: It is IntuitSolutions’ policy not to use or share personal information about visitors or Customers in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses. However, IntuitSolutions may disclose personal information about visitors or Customers, or information regarding your use of the services or websites accessible through our services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policies or other Customer policies; to operate the services properly; or to protect IntuitSolutions and our Customers. In the event IntuitSolutions goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, Customers’ personal information will, in most instances, be part of the assets transferred.
Previously Updated 4/14/17, 5/15/2019