Terms of Service Agreement for Egg Marketing

For customers utilizing website hosting, website development, or other services provided by CLICHE GROUP, LLC / Egg Marketing

Following are terms of services for website hosting, domain registration, and website development services provided by CLICHE GROUP, LLC (“Egg Marketing”). The customer shall provide billing address and any other information necessary for Egg Marketing to maintain website hosting and registration services. Any information not provided at sign-up will be requested by Egg Marketing and provided by the customer. Signature on our order form, submission of an online order for service, or payment of our hosting service, web service, design or development project indicates agreement to these terms of service.

1. Website Hosting Payment Terms: Billing for website hosting service will commence when the website hosting service is created, prior to development of a new website project. Website hosting services are invoiced monthly. Payment is due by the 15th of the current month’s hosting service. Termination of Website Hosting Services with Egg Marketing requires a 30-day advance notification via phone or  e-mail. If a customer chooses to activate their domain name through Egg Marketing, their domain name registration will expire with their hosting service. Egg Marketing reserves the right to change the rates by notifying customers 60 days in advance of the effective date of the change. Egg Marketing reserves the right to cancel hosting service at any time.

2. Website Hosting Pre-Payment Terms: Egg Marketing may offer a discount for paying an entire year of hosting service up front. Refunds will not be issued in the case that a customer cancels their hosting service before the period they have pre-paid for.

3. Payment Terms Website Development:

3A. Custom Website Development:

Egg Marketing requires a minimum of 50% down payment on all custom website development and design services that are under $5,000 USD.  Custom website development and design services that are greater than $5,000 USD require a minimum of 25% down payment.  Down payments on website development and design services are non-refundable, and the down payment amount may be modified at Egg Marketing’s discretion. The final balance is due after the design or project has been completed and accepted by client.  If Egg Marketing is developing a website that is hosted elsewhere, final payment for the project must be received prior to project launch or relinquishing ownership to the customer.

3B. On Hold & Cancellation:

A project may be placed “on hold” very several reasons including either Egg Marketing or the customer has circumstances that prevent the other from being actively engaged with the project (i.e. traveling, hospitalization/illness, family circumstances, emergencies).  No payments are collected during this period.  Projects can only be on hold for a maximum of 30 days.  Projects on hold for more than 30 days will be cancelled indefinitely.  Egg Marketing will exercise it’s own discretion in approving that a project be placed on hold.

A project might be “cancelled indefinitely” at the discretion of Egg Marketing if the project has been abandoned by the customer or if the customer has not been responsive via phone and/or email for more than 15 days.  All canceled projects are officially removed from the schedule and taken off of the books monetarily as an accounts receivable item.  Canceled projects  are no longer billable but will show the amount due in case the customer wishes to reactivate their project at a later date.  Egg Marketing will notify the customer of the projects cancelled status and will be given a period of time communicated by Egg Marketing to respond.  Customers who wish to reactivate their project must first pay a $100 reactivation fee so that Egg Marketing can assign new resources and add to the schedule at an appropriate time depending.  The new timeline and schedule will depend on the number of current active projects.

3C. Website Maintenance:

Ongoing website maintenance and updates are billed on the 1st calendar day of the following month and are billed separately from any website or development projects.

4. General Payment Terms: Payment is due upon receipt for all services. Accounts are in default if payment is not received 10 days after the invoice date. Checks are not an acceptable form of payment.  Invoices must be paid via Credit/Debit Card or PayPal. Accounts unpaid 30 days after date of invoice will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge. Accounts in default are subject to an interest charge of $5.00 or 1.5% per month on the outstanding balance, whichever is greater. If your state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay Egg Marketing its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

5. Content Responsibilities: The customer is responsible for all content posted or stored on their web hosting space. Egg Marketing exercises no control over the content or information contained on the servers used for hosting. Egg Marketing will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. Egg Marketing is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the Egg Marketing provides or the software used by the customer.

6. Service Interruptions: Egg Marketing is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.

7. Account Credentials: The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact Egg Marketing immediately via e-mail or telephone.

8. Governing Laws: This agreement will be performed in and governed by the laws of the State of Nevada.  Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. Egg Marketing reserves the right to discontinue service for violation of any of the conditions of this service agreement.

All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.

9. Third Party Networks: Any access to other networks connected to Egg Marketing’s network must comply with the rules appropriate for that other network.

10. Disk Storage and Bandwidth: Egg Marketing will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, Egg Marketing will contact the customer in an attempt to make an arrangement for additional resources. If customer does not respond, or is unable to be reached, Egg Marketing shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. If the customer feels that more disk storage is required, it is the customer’s responsibility to contact Egg Marketing (info@egg.marketing) to discuss options for increased disk storage.

11. Content and Terms of Use: All services provided by Egg Marketing may be used only in accordance of the law. Storage, documentation, transmission, or presentation of information or data that violates US Federal, State, or City law is strictly prohibited. This includes, but is not limited to, copyrighted or plagiarized material, racist or threatening material, material that is obscene, pornography, “adult only” content, or material protected by other statute.

Egg Marketing prohibits website hosting customers from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting warez websites, pornography. The customer agrees to indemnify and hold Egg Marketing harmless from any claims resulting from his/her use of Egg Marketing’s services that damage the customer or another party. Use of Egg Marketing’s web hosting and e-mail Services to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay Egg Marketing any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.

12. Adherence to Proposal: It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by Egg Marketing. Should services or resources fall above the scope of the original proposal, Egg Marketing reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or net 15 days, at Egg Marketing’s discretion.

13. Project Timeline: It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by Egg Marketing will result in delay of project, or risk putting the project on hold or placed in cancellation status.  Egg Marketing may invoice customer for additional resources should the delay of a project interrupt Egg Marketing’s workflow. Indefinite delay of a project may result in project cancellation, and a reactivation fee must be paid prior to activating the project. Down payments for services are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.

14. Administrative Access: To prevent malware installation on our servers, full administrative access to a WordPress installation on Egg Marketing’s hosting services will typically not be granted to customers. Customers may request access to specific features of a website, and access may be granted at Egg Marketing’s discretion.

15. Website Copyright:

A. Custom Websites: The copyright on a custom website is transferred to the website purchaser after full payment has been received for the website. If copyright transfer has been processed, customer may receive a full backup of their website upon cancellation. This backup will include the entire file structure in a .zip file and, if applicable, an SQL file containing the MySQL database dump.

16. Website Go Live and Access: A project is considered complete when full development scope has been reached, and project is approved by the customer. Should customer request changes beyond what was agreed to in the original proposal, Egg Marketing may complete these changes at an additional cost. Once a project is considered complete, the customer has one business week to launch the website, or provide Egg Marketing with credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay go live date, and may incur additional expenses at Egg Marketing’s discretion. Once a project is complete, all changes requested will fall under Egg Marketing’s standard website maintenance schedule. Account access to website and written or verbal training, as agreed to in the initial proposal, will be granted only after final payment for the project is received by Egg Marketing.

17. Termination/Cancellation Policy: Egg Marketing requires a 30-day notice prior to canceling a website hosting account. For Business Website Solutions, where the cost of development is broken down into monthly payments rather than an upfront development charge, a one year minimum contract is required. If service is cancelled early, the final balance on remaining months of service is due. Two years of consecutive service must be paid for in order to be eligible for a free website design upgrade. Upon cancellation, you will be sent a bill with your final balance (up to 30 days after notification) after your cancel request. At the time of cancellation, all website files, email accounts, and e-mails will be deleted from our server; you are responsible for requesting a backup of these files should you need them for future use.

*This Terms of Service Agreement was lasted edited on 2-26-2018