Terms & Conditions
Please take a moment to read about what you can expect when you work with Unleash Marketing.
The following terms and conditions apply to all website development / design services provided by Unleash Group, LLC to the Client.
1. Acceptance. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply, as the terms contained herein are specifically and expressly agreed to in all Work Order and Consulting Services Agreements. If a Client accepts a quote by signing and returning a Work Order or Consulting Services Agreement or instructs us to perform work or services in writing, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully, as any purchase of or use of our services implies that you have read and accepted our terms and conditions.
2. Charges. Charges for services to be provided by Unleash Group, LLC are defined in the project quotation, proposal and work order or Consulting Services Agreement that the Client receives from Unleash Group, LLC. Quotations are valid for a period of 30 days. Unleash Group, LLC reserves the right to alter or decline to provide a quotation after expiration of the 30 days. In the case of small tasks for returning clients, drafting an entire agreement to make small additions or changes to existing content may be impractical. In such a case, the Parties agree that Unleash's standard rate of $65 per hour shall apply, unless the Parties have specifically agreed otherwise in writing. Unless otherwise agreed by both Parties, all website design services require an advance payment of a minimum of fifty (50%) percent of the project quotation total before the work is supplied to the Client for review. A second payment of the remaining fifty (50%) percent is required when the project has been completed. Payment for services is due by check or bank transfer. Checks should be made payable to Unleash Group, LLC and sent to Unleash Group, LLC, at the address provided on each invoice. If Client wishes to pay via a bank transfer or wire, Unleash Group, LLC's bank details will be made available upon request.
3. Client Review. Unleash Group, LLC will provide the Client with an opportunity to review the appearance and content of the website or work during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Unleash Group, LLC otherwise within ten (10) days of the date the materials are made available to the Client. The number of revisions or modifications included in the project cost will be specified in the Work Order or Consulting Services Agreement signed by both Parties at the beginning of the project.
4. Turnaround Time and Content Control. Unleash Group, LLC will install and publicly post or supply the Client's website as soon as possible. Unless a specific date for completion is specified in the project proposal, there shall be no agreed upon date of completion, though Consultant agrees to complete all projects in a reasonable timeframe.
5. Failure to provide required website content. In order for our developers, designers and programmers to remain efficient, we must ensure that work we have scheduled is carried out at the scheduled time. On occasions we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information required for your project in advance. This may include, but is not limited to, biographies, photos, testimonials, logos, artwork, access to digital content, logins, FTP information, domains, and other materials. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% of the total project price, or to deem your project complete, with payment due in full, at that time. When the missing materials are made available to us, our team will begin work to complete the project.
6. Payment. Invoices will be provided by Unleash Group, LLC to the client. Invoices are normally sent via email; however, the Client may requetst to receive hard copy invoices before signing the Work Order or Consulting Services Agreement. Invoices are due within 14 days of transmission to the Client.
7. Additional Expenses. Client agrees to reimburse Unleash Group, LLC for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. Such expenses will be provided to Client before purchase, allowing Client to approve or deny the expense.
8. Web Browsers. Unleash Group, LLC makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer,, Google Chrome, etc.). Client agrees that Unleash Group, LLC cannot guarantee correct functionality with all browser software across different operating systems or on every mobile device. Unleash Group, LLC cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Unleash Group, LLC reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser or mobile device software.
9. Default. Late fees are provided for in every Work Order and Consulting Services Agreement. Unless otherwise stated and agreed upon, invoices will incur late fees after the 14th day. Accounts unpaid thirty (30) calendar days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Unleash Group, LLC's Web space, servers or hsoting accounts, Unleash Group, LLC will, at its discretion, delete all such material. In some cases, Unleash Group may be able to restore deleted files from backups. If a backup exists, and the Client wishes to make payment to Unleash Group for any outstanding balances, including late fees and/or collections and legal fees, an additional charge of $500 will be assessed for the recovery of the Client's files from a backup. Unleash may require payment of all fees, including this restoration fee, before a restoration of files will be performed. Unleash Group, LLC is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Checks returned for insufficient funds will be assessed a return charge of $50.00 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Unleash Group, LLC reasonable expenses, including legal fees, court costs, and any other costs for collection by third-party agencies, incurred by Unleash Group, LLC in enforcing these Terms and Conditions.
10. Termination. Termination of ongoing or recurring services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
11. Indemnity. All Unleash Group, LLC services may be used for lawful purposes only. You agree to indemnify and hold Unleash Group, LLC harmless from any claims resulting from your use of our service that damages you or any other party.
12. Copyright. The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Unleash Group, LLC the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Unleash Group, LLC permission and rights for use of the same and agrees to indemnify and hold harmless Unleash Group, LLC from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Unleash Group, LLC that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Unleash Group, LLC to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
14. Design Credit. The Client agrees to permit a visible link to Unleash Group, LLC or to Unleash Marketing's website in small type at the bottom of the Client's website pages. This link must remain in place until such time that the website is no longer used by the Client, or until such time that a different Web designer has substantially altered the website to the point that it is no longer reasonably considered to be the work of Unleash Group, LLC. For the purposes of this Agreement, "Substantially Altered" shall mean redesigned, edited or changed to the extent that a reasonable, prudent person would surmise that the original version is not the same design as the new version. The Client also agrees that the website or other work developed for the Client may, at Unleash Group, LLC's sole discretion, be irrevocably presented in Unleash Group, LLC's portfolio, and that Unleash Group, LLC shall have the right to state at it's sole discretion that this project has been completed by its team of designers, developers or other staff members and may refer to the name of the client and any trade names, affiliations or other representations of the client.
15. Access Requirements. If the Client's website is to be installed on a third-party server, Unleash Group, LLC must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations. Unleash Group, LLC cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names. Unleash Group, LLC may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Unleash Group, LLC. The Client should keep a record of the due dates for payment to ensure that payment is received on time.
18. General. These Terms and Conditions supersede all previous representations, understandings or agreements. The Client will have an opportunity to review all work produced under the terms of an Agreement, and to request one round of unlimited changes or modifications to the work in question. Once those changes have been requested, any additional requests for changes recieved after the first request(s) shall be billed at an hourly rate of $45 per hour.
19. Governing Law. All Agreements created and entered into by Unleash Group, LLC shall be governed by the laws of the State of New Jeresy.
20. Liability. Unleash Group, LLC hereby excludes itself, its Employees and or Agents from all and any liability from: Loss or damage caused by any inaccuracy; Loss or damage caused by omission; Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site; Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise. The entire liability of Unleash Group, LLC to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
21. Severability. In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible to the fullest extent permitted by applicable law.