By placing an order with MOMENTUM TECHNOLOGY SERVICES (MOMENTUM) You, the client, agree to the following terms & conditions:
"Orders" are defined as any agreement entered into with Momentum in which money is exchanged for products or services being rendered by Momentum. In the case of any such order, a document referred to as an "invoice" describing services completed, is post-paid by you, the customer. A link and reference to the terms and conditions below is contained within all invoiced documents.
SUMMARY OF TERMS:
1. Turnaround Time
The estimated time frame of the project.
2. Sale Terms and Project Termination
Violation of these terms will result in termination.
3. Hosting Services
How and where hosting will be provided.
4. Website Revisions
Limitation on revisions.
5. Free SEO Services
Basic Search Engine Optimization is included.
6. Quotations / Proposals
These are estimates.
7. Order Refusal
We hold the right to refuse orders.
8. Copyright Liability & Design Copyright
Our policy regarding copyright.
9. Indemnification
You agree to release us from financial suit greater than the amount of services.
10. Electronic Manuscripts / Images
Backups and copies are the client's responsibility.
11. Disputes & Venue
Legal disputes will be handled in the state of Illinois.
12. Right to Subcontract
We hold the right to hire additional help if necessary for the project.
13. Workmanship / Quality Guarantee
We guarantee the quality of our workmanship – nothing further.
14. Privacy Statement
We respect your privacy and safeguard your information.
15. Samples
We retain the right to the design.
16. Billing / Rates
You agree to pay at the rate of $40.00 - $50.00 per hour.
17. Changes
This policy may be updated.
1.0 Turnaround Time | Delivery
WEB DESIGN / DEVELOPMENT
Momentum and the client must work together to complete the (website) development project in a timely manner. We agree to work expeditiously to complete the (website) development project before or within the time frame decided upon and outlined within the proposal.
Our consultants will often state a turnaround time within e-mail correspondence. The time frame issued can vary from weeks to months, depending on the size and difficulty of the project. Time frame estimates that are issued upon setup strongly depend upon the involvement of the customer and their interaction. Contextual items (text, pictures, videos, logos and other files) in many situations can only be rendered by the customer and may be required in order to complete a project within the time which has been estimated.
Furthermore upon the delivery of an "estimate" the estimated time anticipates no revisions as we are providing you with a completed project, per our agreement, pending any revisions which you may have which our team will execute should they be needed. Extended revisions or additional time in which the client needs to formally produce revisions can greatly affect the time of completion. Additional work which is not initially included in the setup terms can also extend the turnaround of a project.
Thus it is important to specifically note that:
• Turnaround times are educated estimates, not guarantees
• The turnaround time is based on the development link delivery
• Client interaction is required to stay within expected turnaround time frames
It must be specifically noted that Momentum is not obligated to fulfill work within any predetermined time period. We understand the importance of developing projects on time to assist clients with their goals and deadlines and have proved, time and time again, our ability to deliver projects in a timely manner. However, all dates issued are goals or estimates in which we anticipate work being completed within. Dates strongly require the interaction of the client as outlined above.
In the event that a client is unable to provide us with the necessary materials or content for a website, Momentum holds the right to place "filler content" in the website to push the process along if possible. Our team works with clients in a very customized and complete manner. We will offer all possible assistance in the development of content and advice so that a project can be completed the correct way.
Momentum makes all clients aware that the "development phase" of any project does not begin until all "required" content has been collected and or generated. Required content items are specified by your Project Manager after the setup of your (website) development project. Without content there is no substance or design element to base the construction around, thus, it is extremely important. Momentum does however continue to work during this time frame on graphical items, internal planning, and other items involving the construction of the project. Therefore, NO TIME PERIOD after the "date of sale" and "date of setup" is considered lost time. Multiple items both tangible and intangible are required to bring a project to completion.
2.0 Sale Terms | Project Termination
All sales are final. Regardless of the project size, phases, project staging, payment arrangement, project success, or payment method, the full balance of each invoice is due immediately upon issuance considering that the specified work has already been completed.
Project termination and our agreement fulfillment is reached upon full completion of the project. This involves Momentum producing the project, as agreed upon prior, then offering the purchasing client a revisions phase in which revisions (as defined below) are offered and executed. Project satisfaction and proof of delivery is obtained via our receipt of the signed release form which all customers are required to sign off on to fully release the website live or to be considered complete and ready to be live upon your request.
2.1 Inactive Projects
At times, Momentum clients become unresponsive or fail to provide us with the required interaction needed to complete a project. This typically involves items such as:
• Failure to provide us content
• Failure to provide any revisions or feedback
• Unable to communicate (bad phone / email)
Momentum's inactive-project-policy is as follows:
Our team will attempt to contact you both over the phone and in writing multiple times for courtesy reminders as to what our requirement may be. Should we fail to communicate with you or be unable to obtain the required material as listed above within a 60 day time frame starting from the date of request, we withhold the right to mark a project as inactive.
Inactive projects are subject to a one-time $300.00 fee to become active again. This penalty is in place due to our strategic planning and development cycle process which is broken should the project undergo negligence on your behalf. Upon payment, the project will be activated and resumed where it had left off.
Momentum cares about each and every client and attempts to professionally resolve any matter. Communication is key to avoiding inactivity. Furthermore it should be specifically stated that any balance owed at the time a project becomes inactive is still considered due and payable, regardless of which phase the project may be in. Please see section 2.0 (all sales are final).
3.0 Hosting
All websites require hosting. Momentum does not require clients to purchase hosting through Momentum. Many customers do elect to purchase hosting through Momentum so that our hosting benefits can be taken advantage of; however, it is not a specific requirement unless the project still has a balance due. Our team holds the right to retain all files on our hosting platform until full payment has been made should the client elect to host the website independently. If an independent host is selected, the client agrees to provide Momentum with all required access that is needed to fully test, upload, and manage the website itself. This usually involves both database access and FTP access.
Clients working with Momentum that have elected our hosting service understand that hosting begins immediately upon purchase. Hosting is required to establish items such as placeholder pages, email accounts, and development related files. Hosting agreements are outlined as part of the WEB HOSTING SERVICE AGREEMENT and are month-to-month arrangements, unless otherwise specified in writing prior to start of service.
3.1. Hosting Cancellations
If for any reason a client decides to cancel any one of our month to month no contract hosting packages, full ownership of the website and all of its files are turned over to the original client should the website be paid in full and design copyright purchased. The website can only be issued to the original client who pays for the website and no other web development company. All final amounts owed to Momentum for hosting will be paid the day the request to cancel has been placed and the website will be downloaded, backed up, and then forwarded to the client VIA email, direct download link, depending on the size of the website.
Momentum is not responsible for any down time or loss of business due to the transfer of the website to another party, nor is Momentum responsible for hosting stability and business warranty due to hosting stability. Clients enter into a separate agreement with Momentum for hosting and no guarantees on hosting are provided. Transferring and setup on 3rd party hosts is not our responsibility and is subject to additional charges.
4.0 Revisions Process
Upon the completion of the (website) development project and delivery of the development link Momentum allows for 1 full round of revisions from the customer. Revisions are defined as minor in scope and consist of items such as but not limited to: contextual changes, image changes, and minor visual adjustments. Items that are not considered revisions are adjustments such as: new pages, new functionality, complete re-working of content, changes in the layout of a page, switching to an entirely new design concept, complete color scheme changes, website sizing / pixel changes which adjust the width of a page, or any other deep structure related adjustments. Significant requests for revisions are classified as additions and are quoted out during the revisions confirmation cycle.
Items which are requested beyond the client's complete review of the website (revisions) may be considered billable. We will quote the additional adjustments or additions and bill as noted above. In good faith, our team does allow for additional minor modifications prior to releasing the website live should revisions beyond the initial set be required.
Revisions are required to be submitted in writing using the instructions we provide you. Our project management team will confirm revisions and discuss details by phone or e-mail as necessary.
5.0 Free SEO
Any website that is built by and hosted by Momentum qualifies for free basic search engine optimization. This includes: title tags, description tags, meta-keywords, manual submission to the major search engines as determined by us, and sitemap generation. At times, Momentum may opt to also do ALT tags for websites. No additional SEO service is offered with the FREE SEO provided as a benefit to clients. Therefore, these items should not be confused with our additional marketing options.
6.0 Quotations/Estimates
We invoice our services per project for the work defined. Prices posted on this website are subject to change without notice and are merely estimates. Written estimates are good for 30 days and are no guarantee of the final cost. An estimate not accepted within 30 days may be changed. All pricing issued in the "invoice" is exactly what the client will pay for completed services.
7.0 Order Refusal
Momentum Technology Service reserves the right to use its sole discretion in refusing to produce any website it deems improper or known to be illegal. Momentum is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The client guarantees the legal title of all matter submitted to Momentum for printing and/or web publication. Web development work done by our company, Momentum, is also owned by the paying client. The client is responsible for all and any content posted on the website regardless of which party gathered it. We are not responsible for any copyright or trademark infringement since all services rendered by Momentum are for the purchasing party. Any information sent to us such as images, videos, text, and all other forms of content, is considered "legit" and will be utilized on the website project. This also remains true for any artwork selected by any member of our design team. In the action of our company implementing graphics or text we will strive but not guarantee that all items placed are 100% copyright permitted and the client will always be responsible for any content on his or her website project. Momentum also holds the right to re-use any programming constructed by our party along with any content which was generated by our team.
8.0 Copyright Liability
Momentum's liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. Momentum warrants that every product manufactured by it meets industry standard for such product and is free of any material defect in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. Momentum makes no other warranty and no actions or words of Momentum or its officers, employees or agents shall constitute a warranty. We do however guarantee that all web development work that we complete will operate as outlined in the setup invoice (or as revised during revisions) as long as the project is hosted on our servers and no FTP information is owned by the client which allows product manipulation.
Should the client request FTP access of their website, a release form is first signed off on by the client and access is given. All modifications, changes, stability, and features are then the responsibility of the client.
Furthermore, Momentum cannot and will not be held responsible or take on any liability for any website construction that does not meet local or state laws or that falls under a malicious attack such as a computer hack. Our company is not responsible for any stolen information gained by a hacker on a website we have built and delivered to a client. Momentum is also not responsible for any down time or loss of business due to the development time needed to produce the agreed upon product.
8.1 Design Copyright
We hold the right to every website design created and developed by Momentum. We also reserve the right to label any such work unless the client has requested to “white label” their website, in which case a one time fee of $5,000.00 will be due. Any additional programming, custom scripts, or content which was generated by our team will remain the property of Momentum.
9.0 Indemnification
In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a "Claim") is made or commenced against Momentum based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the web development, marketing, hosting, or printing performed or product produced by Momentum ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold Momentum harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending Momentum against any such Claim; (2.) paying any judgment or award against the customer; and (3.) reimbursing Momentum for any legal fees and expenses it reasonably incurs in responding.
10.0 Electronic Manuscripts/Images
It is the client's responsibility to maintain a copy of the original computer files, artwork and transparencies. Momentum is not responsible for accidental loss or damage to media supplied by the client or for errors on supplied artwork furnished by the client. Until Momentum can evaluate digital input, no claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize client-supplied files will be charged at our current rates. Momentum does not archive your work for longer than it takes to produce the final product. Please save your work!
11.0 Disputes & Venue
For legal purposes, the venue for any dispute including all law suits, mediation, and legal exchanges, shall be Lake County, Illinois, USA.
In the event that legal action is taken Momentum holds the right to "cease all work" on a project until resolve has been met; this circumstance is only valid if a project is still in any phase of development. In the event that legal action is taken after development has been completed, Momentum holds the right to suspend a website (and/or) project from our hosting servers if the item in dispute involves the website, hosting, or marketing services directly related to the website. Momentum also holds the right to pause development of any project which enters ARBITRATION or charge-back status through any credit card merchant.
12.0 Right to Subcontract
Momentum is proud to employ talented, intelligent, and hard working Americans. While all work is completed "in-house", Momentum shall have the right to assign any portion of the work required to another contractor.
13.0 Workmanship | Quality Guarantee
We guarantee all orders to be free of defects in workmanship.
In the event of bugs, Momentum will fix any website we have designed and developed provided it remains hosted on our servers. All warranties are nullified upon issuance of FTP access or transfer to a third party server unless otherwise specifically noted in the invoice. Browser changes and updates that result in the website appearing differently than when initially launched is not subject to this workmanship guarantee. Furthermore, software updates published by third parties such as Joomla (and/or) any supporting plugins to make the website software operate, are not considered as a workmanship guarantee. These types of fixes and ongoing patches to the website are subject to additional maintenance charges.
14.0 Privacy Statement
Any information Momentum collects from order processing or from any inquiries is not shared with any other company outside of Momentum. Your information is only used for contact, billing, and shipping purposes. Your credit card information is NOT stored internally by Momentum or within our internal CRM system. Such information is recorded with our secure payment processor.
15.0 Samples
Momentum might use your website for samples or advertising purposes. Even in cases in which a website is "white labeled", the agreement to these terms and conditions allow us to showcase your product as part of our work. Momentum holds the right for portfolio demonstration of any product we develop without consent from any client or party.
16.0 Billing | Rates
Your credit card bill will read "MOMENTUM" or "MOMENTUM TECHNOLOGY SERVICES" or "MMTMTS.COM" or other terms which reference our company. Billing will be executed VIA invoice unless specifically suggested otherwise in writing. There will be a setup fee of $500.00 or $800.00 depending on the complexity of the project. Payment for setup costs must be received before design work can begin. Payment for work in ongoing projects is due on a weekly basis and charged at the rate of $100.00 per hour for standard coding or $150.00 per hour for custom development and programming.
Any invoice not paid after 3 days of being issued will be considered late and may incur a late penalty. Late penalties will be set at 10% of the invoice total due.
17.0 Changes
Momentum may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless stated otherwise.
This policy was last revised on February 1st, 2024.
