SERVICE(S) REQUESTED BY CLIENT
Here at GetUWired, we are both a monthly retainer and hourly based marketing agency. You will receive a level of effort in the form of a scope document from your Project Manager. The scope document is to be used as a guideline only, as the scope of the project is largely determined by the customer’s specific needs and decision-making criteria throughout a given project. The Project Management system used by GetUWired provides transparent communications and on-demand time logs, task lists, messages and the project outline. These terms and conditions define the entire relationships between GetUWired, Inc. and its clients and prospects.
Client’s Representations and Warranties
Client represents and warrants that it controls and/or owns the Trademarks, text, graphics, photographs, designs, and any and all other material or artwork supplied to GetUWired for inclusion in the Work. Client shall indemnify GetUWired and hold it harmless from and against any and all claims, liabilities, loss and/or expenses arising out of the use of the Work (with the exception of matters subject to the GetUWired’s indemnification as outlined in these terms and conditions) and/or any breach of any representation, warranty, or agreement made by the Client.
GetUWired’s Representations and Warranties
GetUWired represents and warrants that its contribution to the Work is an original work of authorship or is derived from preexisting work as to which it owns or has licensed the rights, and to the best of the GetUWired’s knowledge does not infringe the rights of any third party. In the event of any breach of any representation, warranty or agreement made by GetUWired as stated in this Terms of Service, GetUWired and Client shall communicate about all claims, liabilities, loss and/or expenses arising out of use of the Work (except to the extent such claim involves the Trademarks) and come to a mutual understanding. GetUWired is not responsible for any claims, liabilities, loss and/or expenses arising out of use of the Work. GetUWired acknowledges the inestimable value to Client of the Trademarks, and undertakes not to use the Trademarks, or any confusingly similar trademarks, in any manner other than as embodied in the Work pursuant to these Terms and Conditions.
GetUWired acknowledges the inestimable value to Client of the Trademarks, and undertakes not to use the Trademarks, or any confusingly similar trademarks, in any manner other than as embodied in the Work pursuant to these Terms and Conditions.
GetUWired retains the right to use a clients public facing content in GetUWired’s portfolio and for marketing purposes.
1. TOTAL FEES AND PAYMENT
a. Fees and Hourly Rate – All proposals and projects proposed by GetUWired, Inc. are based on either an hourly rate or monthly retainer fee for skilled labor such as, but not limited to Web Design, Web Development, API Development, Web Marketing, Marketing Automation, Conversion Tactical Implementation, Copy Writing, Sales Copy.
b. Payment of Fees – When GetUWired is hired as an hourly firm all services listed in section 1.a in this agreement will be billed hourly. If the client decides to make numerous revisions to designs, functionality, marketing automation, strategic plans or anything that requires GetUWired to spend time to adjust or remedy, the client should expect to be billed hourly. If at any time the client is not satisfied with GetUWired’s services, it is the sole responsibility of the client to stop all work and ask for an audit of services. The client is 100% responsible for reporting any incidents and responsible for reporting unsatisfactory deliverables. If the client does not report these within a 7-day time frame of the last billed hour of work completed, all work completed will be the sole responsibility of the client and all hours worked should be expected to be paid in full by the client. GetUWired requires all hours to be paid in advance, unless agreed upon by both parties in writing prior to work beginning.
Normal working hours for all work requests are as follows:
Monday through Friday, 9:00 a.m. to 5:00 p.m. EST.
Monthly retainer clients will automatically be billed on the 10th and 25th of every month we provide Agency Retainer Services to them. Clients engaged in our 6 month retainer agreements may choose to cancel the agreement prior to 6 months and are simply required to provide a 1 month notification prior to cancellation of the Monthly Agency Retainer Services. Beyond our initial 6 month retainer agreement we continue on a month to month basis with a 1 month termination notification requirement.
2. LIMITATION OF LIABILITY.
a. GETUWIRED’S LIABILITY TO CLIENT HEREIN, IF ANY, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CLIENT TO COMPANY HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
b. EXCEPT AS OTHERWISE PROVIDED HEREIN, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH HEREOF, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
c. IN NO EVENT SHALL GETUWIRED BE LIABLE TO CLIENT FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OF THE WORK, WEB HOSTING SERVICE, LOSS OF DATA OR DELAY OF GETUWIRED IN DELIVERING ANY PRODUCT OR IN THE PERFORMANCE OF ANY SERVICES HEREUNDER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
d. CLIENT ACKNOWLEDGES THAT THE AMOUNTS PAYABLE HEREUNDER ARE BASED IN PART ON THESE LIMITATIONS, AND FURTHER AGREES THAT THESE LIMITATIONS SHALL APPLY.
3. PARTIES AFFECTED BY THIS TERMS OF SERVICE – These terms and conditions shall be binding upon and inure to the benefit of the parties and their affiliates, successors, licensees, assigns, agents and representatives.
4. GOVERNING LAW; COURT ACTIONS – This Agreement shall be governed by the laws of the State of Georgia, county of Lumpkin and in the Lumpkin county courthouse located at 325 Riley Rd. Dahlonega, GA 30533 without regard for conflicts of law principles.
5. SEVERABILITY – If any provision of this Terms of Service is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of the Terms of Service will remain in full force and effect. Any provision of the Terms of Service held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
When Client purchases the initial block of hours they are henceforth agreeing to the GetUWired Terms of Service. If you are doing business with GetUWired, Inc., this Terms of Service defines the professional relationship and must be read carefully by all prospects and clients.
Miscellaneous Items of Concern Governing the working relationship between the client and GetUWired, Inc:
GetUWired shall maintain records of hours and reimbursable expenses and shall make such records available to the client for inspection on request.
The Client shall appoint a sole Representative with full authority to provide or obtain any necessary information and approvals that may be required by GetUWired. The Client’s Representative shall be responsible for coordination of briefing, review, and the decision-making process with respect to persons and parties other than GetUWired and its subcontractors. If, after the Client’s Representative has approved a design, the Client, or any other authorized person requires changes that require additional services from GetUWired, the Client shall pay all fees and expenses arising from such changes as additional services.
Policies and Procedures:
Time Scheduling – GetUWired reserves the right to adjust any agreed upon schedules or deliverable timelines if client fails to meet necessary deadlines for the submission of materials or are unable to grant approvals in a timely fashion. We typically fill our production calendar for 2-week intervals. Delay of needed materials, approvals, credentials or any necessary items can push the client’s project to the next available opening on our production calendar. We do our best to accommodate all of our clients but will not push previously scheduled work into the future to work around and accommodate for missed deadlines.
Meeting attendance– Our team is dedicated to being on time and available for every scheduled meeting with your company. If for any reason we won’t be available you will receive a notice at least 24 hrs in advance. If for any reason you are unable to attend a meeting with your Project Manager (PM) please provide the same notice. If your PM does not receive notice of a meeting you will not be in attendance for, that PM reserves the right to charge your account for the one-hour meeting. Our team will wait in a scheduled call for up to ten minutes before logging off and charging the account.
Renewing Hours – When hiring for hourly based work clients will be notified when their project has scheduled work on our production calendar that will leave them less than five hours remaining on your last purchased time block. When all of the time has been used, we will send our client another notice asking for approval to take payment on the next block of time. If they are interested in purchasing additional time please respond back to that email with “approved.” If we don’t receive approval for payment after all hours have been exhausted, we will immediately stop all work until the next payment has been approved. Please respond to requests for payment in a timely fashion.
Refund Policy – If you should decide that you no longer want to continue with your project GetUWired will refund any unused hours you have purchased. We will deduct an administrative fee of 10% of the purchase price of your last purchased block of hours from your refund amount. Retainer Services are bound by a month to month contract with a 1 month advance cancellation policy and do not qualify for refunds.
Purchased Hours Expiration Policy – Please note that banked hours with GetUWired are available to be used for up to a year after last hour purchase date. After one full year following your last hourly purchase, your banked hours will expire and additional hours will need to be purchased should you need further GetUWired Services.
Charge for Meetings – Typically scheduled meetings with our team will last 45 min. After 45 minutes, your PM and team coordinate on the action items and ensure all tasks are properly placed and assigned in your project. You will be charged one hour for every meeting.
At GetUWired, Inc., we respect the fact that many businesses and organizations entrust their Website hosting and Web Business Infrastructure to us. Our dedication to reliable hosting services and personal touch web services makes us one of the industry leaders in offering turnkey solutions to businesses across the United States of America. We are so confident in our hosting technology, service and support team that we offer a 99.7% web site service level agreement (SLA). We do this in an attempt to offer peace of mind to our clients and to define exactly what is expected from us in reference to your web presence and how you should respond if something were to happen, such as a catastrophic event.
The SLA applies to all GetUWired, Inc. hosting packages. All hosting packages require that your account is current on all service charges with no past due balances owed. Website availability is defined as the total hours in the month (based on a 24-hour day and 365-day year) that your site is available for all HTTP and HTTPS requests, as recorded by GetUWired, Inc.
Hosting Exclusions and Conditions
GetuWired is not responsible for circumstances beyond the reasonable control of GetUWired, including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
Failure of access circuits to the GetUWired network, unless such failure is caused solely by GetUWired;
Scheduled maintenance, including upgrades and emergency maintenance;
Domain Name Server (DNS) issues outside the direct control of GetUWired, including, without limitation, DNS Propagation or any delays in the registration or transfer of a domain name due to domain registrar or registry issues, browser or DNS caching that may make your site appear inaccessible when others can still access it;
Outages or SLA failures resulting from any act or omission by Customer or its agents, including, without limitation, custom scripting or coding (e.g. CGI, Perl, HTML, etc.), negligence, willful misconduct, exceeding allowable monthly Site Traffic allocation, or any use of the services in violation of the applicable Terms Conditions or acceptable use policy;
Email or Web Mail delivery and transmission;
Outages elsewhere on the Internet that hinder access to a hosted account.