Terms of Use
ORANGE SNOWMAN LLC. TERMS & CONDITIONS: The following sets forth the terms and conditions for all work between Orange Snowman and its client. This agreement governs and controls the client’s purchase and use, in any and all manners, of the services provided by Orange Snowman including, but not limited to website/blog design and web hosting. Your initial payment constitutes your agreement to all such terms, conditions, notices, and use of services provided by Orange Snowman LLC. This Agreement sets forth the terms and conditions for website design and hosting. There shall be no modification unless it is in writing and signed by both Orange Snowman LLC and the client.
Orange Snowman shall provide web page layout, placement of text, graphics, photos, navigation links, external links, email links, CSS style sheets, and initial installation of software and plugins. Orange Snowman will have administrative rights to the designed web/blog. Orange Snowman shall provide minor changes to the website at no additional charge for the first 30 days after the website is transferred to the Internet for public viewing. Minor changes are limited to; change of wording, or simple design or text corrections. In the event of any other additional work, Orange Snowman’s regular hourly rate shall apply. Orange Snowman will provide basic training to update blogs if requested. After the client sees the tutorials the client has .5 hours of in-person or telephone customer support. Training will be offered during the design process or 5 days after the delivery of the site. Website Design: Orange Snowman shall design the website concept, subject to the client’s approval. Upon acceptance of the design concept, the look and feel of the project will be developed. Changes in the late stages of the design process shall be billed at Orange Snowman’s regular hourly rate. Most projects will be completed within 30 working days from the date the client provides Orange Snowman with the complete text, graphics and other requested materials. All work completed by Orange Snowman shall be compatible with the latest browsers versions of Explorer and Firefox for the PC. Any future alterations or modifications required due to changes in industry technology will be billed to the client at Orange Snowman’s regular hourly rate. Orange Snowman shall not be liable for charges from social media accounts, or any other third party used in connections with the building or promotion of the website. Orange Snowman owns and retains the rights to any and all theme generating technology used in connection with the website/blog. Orange Snowman assumes no liability or responsibility for posting any items on the web page and the request of the client. Orange Snowman is not responsible for setting up Outlook or Gmail accounts in any of our client’s devices such as smartphones, tablets, or desktops. Orange Snowman is not responsible for emails or plugins that are hacked by malicious individuals, we have security in place, but we can’t guarantee this will never happen. We are not responsible for the effects such an attack may cause such as an email account or a site being blacklisted. We can’t guarantee that once this happens your emails will not be sent to the spam box of Gmail. We guarantee delivery of emails to our webmail, what happens afterward is outside of our power. Nevertheless, Orange Snowman will help you in clearing these problems with the clear understanding that these efforts are voluntary and not because we are responsible for the problem. IP address issues such as not being able to see your site in your workplace but being able to see it from other locations are rare occurrences caused by your internet provider and not by our services, Orange Snowman can’t take responsibility for such occurrences but will help you to solve in a volunteer basis. We are not responsible for the damage or destruction of your information if caused by an act of God, such as floods, hurricanes, earthquakes, meteor showers and or another end of the world scenarios.
Successors and Assigns- The terms and conditions contained herein shall bind the successors and assigns of the parties.
II. Duties of Client: Provide all the necessary passwords to access any accounts necessary to build, access, or promote the website/blog (for example: LinkedIn, twitter, google, GoDaddy, PayPal, etc.). Orange Snowman can’t spend more than 1hr calling former webmasters or digging for lost information. Any additional time will be billed at 7$/hr. Assist in the design of a website, by providing feedback, prompt review of all design or content revisions executed by Orange Snowman. Clients must respond to these revisions in no more than a total of 10 working days. Clients must provide the necessary information to complete the project within 30 days. The client must review video tutorials if access to edit the content of the site is desired. Refusing or not having time to receive the 1/2 hr of free personal training constitutes a waiver of the right to this service and will not be held as a condition to provide final payment. Report all problems with website design or operation within 30 days after the website is available for public viewing. Maintain a valid and working email address and provide access to Orange Snowman. The client must disclose if he/she plans to use our site in a franchise situation where they will attempt to re-sale Orange Snowman’s work. Timely payment of all design and hosting fees. The client assumes responsibility for all content posted on its website. Not to disclose, reproduce, copy or disseminate our project description to anyone outside the company’s owners, directors or inner core managers. For no reason should our contract and project description should be shared with a competitor for this will expose Orange Snowman’s trade/practice secrets (as defined by Florida law), workflow processes or any other confidential information. Once a credit card has been authorized as a form of payment, the client can’t change the form of payment, unless it’s for a similar credit card agreed to by Orange Snowman.
The Client has full and complete ownership of all editorial rights as defined in WordPress, Orange Snowman has administrator rights as defined in WordPress. Orange Snowman shall remain the owner of the website/blog until full payment has been received. Until then, Orange Snowman retains ownership of all rights, artwork files, materials, methodologies, equipment, processes, and know-how used in the design construction and installation of the website/blog.
Bylines: Orange Snowman may, at its sole discretion and for no fee, place a small byline link on the bottom line of the website establishing authorship and/or design credit. Orange Snowman may utilize the website like a sample or reference in print or through a website link.
During the relationship of the parties, they will have access to and acquire knowledge regarding materials, data, systems and other confidential information about each other. Any such knowledge or information acquired by either party shall remain confidential (including this contract and project description). Even If our agreement is broken Orange Snowman will not create publicity bad-mouthing your operation, and we expect the same of our client (this includes negative Google reviews).
It is essential that Orange Snowman has access to the client during the design and development process. Should Orange Snowman be unable to contact or receive feedback from the client by telephone or email for a period of 30 total days during the design and development process, Orange Snowman considers the job done. Orange Snowman has the right to the contract’s full amount. In the event that the account expires or is canceled for any reason, Orange Snowman shall not be held liable to the client for compensation for lost commissions, lost sales, lost business opportunity or any other claims related to the expiration or cancellation of the account. The client shall remain liable to Orange Snowman for any unpaid balances in the event of the expiration or cancellation of the account. Orange Snowman reserves and retains the right to cancel or terminate any account at any time, without notice for any reason. The client shall be entitled to a prorated refund only if the account is canceled or terminated for reason(s) other than nonpayment or violation of the terms and conditions. In the event, that the client cancels this agreement and after paying in full all fees that are due, the client may request a CD of the website for a fee of $75. If the client defaults on its obligations and the services of a collection firm are needed a 20% fee may be applied to compensate for their collection efforts. Orange Snowman LLC has the right to take action to collect any unpaid balance, including, but not limited to, the following: Disconnection of your website and/or any pending services; turning over your account to a collection agency, and taking legal action to collect the balance due. You also authorize Orange Snowman LLC to release financial information about your account to those concerned with collecting the balance owed. You shall pay all collection costs incurred. This includes, but is not limited to a collection agency fee and/or reasonable attorney’s fees. This amount can be between 20-40 percent of the outstanding balance owed.
Orange Snowman does not and cannot review all communications and/or materials posted or created by users accessing the website, and is not in any way responsible for their content. 2 meetings are usually enough for most clients with websites under $5,000. If you need corrections, they have to be placed in writing and not over the phone. Meetings over 1 hour will be billed at $75/hr. We will only drive to places inside the limits of the Treasure Coast of Florida. Our services do not include typing documents, those will be billed separately.
Disputes: In the event of any dispute relating to the terms of this agreement, the parties agree to attempt to resolve their dispute through mediation before a Florida Supreme Court Certified mediator. The parties shall share in the cost of the mediation and the mediation shall be held in Martin County, Florida within 30 days of any mediation request. In the event that pre-suit mediation is not successful, the parties agree that venue for any disputes related to this agreement shall lie solely in Circuit Court in Martin County, Florida. The parties do further waive trial by jury.
