This document defines the terms and conditions of the working relationship between QuickSilver/Mercury, LLC(hereinafter "QUICKSILVER/MERCURY") and any individual/business using this website of Quicksilvermercury.com (hereinafter "CLIENT"). All projects or services that QUICKSILVER/MERCURY may be contracted to produce or provide for CLIENT will be subject to the following:
Unless specifically agreed by us at the time of quotation, you have 30 days from your acceptance of the quotation to provide all relevant information and/or material required by the quotation to enable us to complete the project. Due day is 30 days after receipt of all content required to complete the project. Processing of information and/or material supplied after this time will be charged at our current hourly rate.
QuickSilver/Mercury will provide you with an opportunity to review the appearance and content of the website during the design period and on completion. On completion of the project, the website will be deemed to be accepted and approved unless you notify us otherwise within seven days of the date we advise you that final version of the website is available to you for approval.
Termination of services by you must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. You will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty days.
Production schedules will be established and adhered to by both CLIENT and QUICKSILVER/MERCURY, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or QUICKSILVER/MERCURY.
A link to the QuickSilver/Mercury website http://www.quicksilvermercury.com with the wording "Designed by QuickSilver/Mercury" or, if the site is to be hosted by us, "Designed and hosted by QuickSilver/Mercury " will appear in either small type or by a small graphic at the bottom of each page of your website.
You retain the copyright to data, files and logos provided by you and grant us the right to publish and use such material. You must obtain permission and rights to use any information or files that are copyrighted by a third party. You are further responsible for granting us permission and right to use the same and agree to indemnify and hold QuickSilver/Mercury and its subcontractors harmless from any and all claims resulting from any negligence on your part or your inability to obtain proper copyright permission. A contract for website design and/or publication shall be regarded as a guarantee by you to us that all such permissions and authorities have been obtained, regardless of whether or not we have had sight of documents granting such permission and authority.
Copyright to the finished assembled work of Web pages produced by QuickSilver/Mercury, is owned by QuickSilver/Mercury. Upon final payment of this contract, the client is assigned rights to use as a Website the design, graphics, and text contained in the finished assembled Website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. QuickSilver/Mercury retains the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials, and must be able to substantiate all claims and representations. You are responsible for all trademarks, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials QuickSilver/Mercury prepares.
Unless otherwise specified in the project quotation, any text copy will be provided by you in suitable electronic format suitable for reading with PC Microsoft Office applications, by email or on CD or DVD and all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in gif, jpeg or tiff format. Although we will make every reasonable attempt to return to you any images or printed material provided, this cannot be guaranteed.
It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. QuickSilver/Mercury is not liable for errors or omissions. Please be sure to check all spelling and graphical errors on the website.
If your website is to be installed on a third-party server, we must be granted such temporary read/write access to the site’s storage directories as is necessary to enable the website to be installed via FTP.
We cannot accept responsibility for any alterations carried out to your website by you or any third party following publication to the site’s web space.
New work requested by CLIENT and performed by QUICKSILVER/MERCURY after a quote has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, QUICKSILVER/MERCURY will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds. Client is allowed up to 3 major revisions before additional charges for programming will be incurred at the rate specified herein.
Major revisions include any changes to the layout. The client is allowed a total of 5 minor revisions after the design has been approved and coded. If a situation occurs that the client has approved the design and work is completed on the website, and then a major reconstruction is requested after programming has been applied, the work requested will be quoted and charged accordingly. Minor revisions include changing written content, background color (background images are excluded from minor changes) or replacing pictures, and adding or deleting links. If the Client needs additional revisions, the cost is $40 / hour for minor revisions, and $80 / hour for major revisions, including, programming. All revisions and other copy changes requested after mechanicals are completed and website is published are billed at standard hourly rates of $40 per hour. If works are under one hour of time, QUICKSILVER/MERCURY will bill appropriately. CLIENT is responsible for testing every aspect of the website and carefully reviewing all works performed by QUICKSILVER/MERCURY. QUICKSILVER/MERCURY is not responsible for revisions and alterations made by CLIENT after project has been delivered and or published. CLIENT may request maintenance work, which will be quoted accordingly. Restoration of website will be billed to CLIENT at an hourly rate of $40 per hour. Restoration of databases, e-commerce stores, or content management systems will be billed to CLIENT at an hourly rate of $80 per hour.
QuickSilver/Mercury reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
At your request, QUICKSILVER/MERCURY will provide hosting, email, and domain name registration at agreed rates. Services will be billed to CLIENT annually at current rates or you may choose to pay monthly at current rates. Failure to renew annually or monthly will result in the cancellation of Client services. Late fees are accrued every five days your hosting payment is past due at $10.00 per 5 days late. If payment is not made timely, your website will be removed from internet access. Hosting, domain name registration, and email setup for CLIENT under a third party company may be subject to a service fee.
It is anticipated that the Website will take up to 30 days to complete. Knowledge of your deadlines is essential to provide an accurate estimate. If a project date is moved up with late notice, a 15% fee will be assessed. If the project needs to be completed within 2 weeks of signed contract a 25% fee will be assessed. A 35% charge of quote will be assessed for projects that need immediate turnover (project due within 1 week).
CLIENT agrees to pay QuickSilver/Mercury amount specified in each quote. NOTE: Quote is only an estimate and subject to change if modifications are made. A deposit of 70% of the quoted project is required before work can begin unless another agreement has been made. Under any given circumstances, this deposit is non-refundable and final payment is due upon completion of website. QUICKSILVER/MERCURY reserves the right to refuse completion or delivery of work until past due balances are paid. Balance must be paid in full within 7 days upon CLIENT'S satisfactory approval that the project has been completed or there will be a 10% late payment fee. Returned checks are subject to a $34 fee. Website may not be published until balances are paid in full. Final payments that exceed 30 days will result cancellation of services rendered.
The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of Michigan applicable to agreements entered into and performed in the State of Michigan. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If QUICKSILVER/MERCURY must retain attorneys to collect our invoices, QUICKSILVER/MERCURY will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.
By executing payment you accept these terms and conditions.