Updated on: 1/30/2020
This is our standard terms and conditions for each statement of work. The purpose of this is to help communicate and clarify what we will do, what we expect the customer to do, and our standard set of assumptions/constraints. The specifics of your project request will be in the estimate provided at the time of your request. This standard terms are assumed “approved” when you sign your detailed estimate document. If you have any questions or concerns, please contact Zach @ 651-300-4239 or email us.
1.0 Project Activities / Details:
Please see your detailed estimate for specific tasks.
2.0 Payment Terms:
2.0.1 Due on Receipt
When this shows up on an estimate or an invoice, the payment is due right away. If it’s not paid within 5 days then a late payment will occur. See section 2.0.4 for more information.
2.0.2 Net 15 / Net 30
If you have Net 15 or Net 30 terms with us, you have been approved for same as cash time to make a payment. Net 15 means that your payment is due in 15 days from invoice date and Net 30 means that your payment is due in 30 days from invoice date. If it is not paid on time, a late payment will occur. If you would like us to extend terms to you, please contact us for more information.
2.0.3 Company Check / Credit Card
A company check is a check from your company. If you write us a check and it is returned for non-sufficient funds, a $55 fee is charged. A credit card payment is a Master card, Visa, or Discover Card for the principle of the company. We do not accept American Express.
2.0.4 Late Payment
If your payment is late you will be assessed a fee of 1.5% per month. If your payment is more than 60 days late, then your website, if applicable, will be turned off, made in-accessible to website guests.
188.8.131.52 Late Payment Liability
Dynamic Internet Marketing, LLC is not responsible for any loss of business due to your website being turned off if you have a late payment. Please make sure to contact us right away if you have any concerns with this statement.
All sales are final unless otherwise stated. Once a project starts you’ll be asked to send us a down payment. If the project is canceled before the project is finished, this down payment is non-refundable. If we finish the project and full payment has been made, changes can be made, but only according to the terms of the agreement. No refunds will be given if you are unhappy with the design or website functionality. We make every effort to take our time, involve you in the process, and get your approval as we move through the process. If you change your mind after the project has moved into the next phase or has ended, additional cost will need to be approved in order for the changes to be made. Also, our project completion dates are estimates. If your project is not done on time, you cannot request a refund. There may be several reasons why it is late and we should discuss this before automatically assuming a refund is due to you for this reason.
Website Hosting: Hosting with us is paid monthly or annually. We do not offer a refund for hosting or partial refund part way through the year. If you pay monthly you’re paid through the entire month. If you pay annually you are paid for the full year.
2.0.6 Time and Materials
All time spent in meetings, creating documentation, programming, providing on site or telephone training and support is considered billable time. If any licenses are purchased or materials needed for a particular project, they may be billed in addition to the time we spend on a particular project. This information will be detailed in your estimate, so please let us know if you have any questions about the amount of time something will take. If we have made a mistake or the time to work on something is considered support, then it is not billed as time and materials. This is the only exception.
All projects are estimated with a work time frame of up to 3 months. If we begin a project after we have received a signed estimate, and we do not complete the project in the 3 month period due to the customer not getting us needed content within the time frame, we reserve the right to cancel the project and charge the client the remaining project balance.
2.5 General Liability Waver:
2.5.1 Server Up Time:
Dynamic Internet Marketing, LLC is a limited liability corporation engaging in the services of website hosting, design, and development. All clients that use our website server for website hosting agree to hold us harmless and will not pursue legal action if our website server is down / off line for any length of time. We have a very good track record and can show 99.999% up time, but do not place any guarantees on our web hosting service provider, equipment, or connection to them. If they are down for 1 minute or 1 hour or 1 day, it is beyond our control. We will, of course do everything in our power to get your website back up and running as soon as possible. This statement ensures that you understand and will not hold us financially liable for any interruption in service.
2.5.2 Server Outages:
There may also be notification of a server outage, which we will send in advance, as we are notified. These are planned outages to upgrade equipment or apply a software patch. They are typically only for a minute or a very short period of time.
In addition to server access, Dynamic Internet Marketing, LLC is not responsible for the loss of email. If you delete email from your system by accident we cannot get it back without restoring your entire web account. In rare cases, we will do this, but it is not common practice. We do however provide you with access to daily, weekly, and monthly backups of your website account so this can be accomplished.
2.5.4 Local Data (Computer and Server)
If you have data saved locally at your office or home, on a computer, it must be backed up before we come on site or we will take the time to back it up for you with your concent. We are not responsible for any lost data while we work on your computer systems.
2.5.5 Graphics and Images
If you supply artwork, graphics, photos, or product images for use on your site, we assume that you have the right to use them and are not using copyrighted materials from someone else’s website or other source. If we supply the graphics, photos, or product images we will make sure they are royalty free or purchased from the supplier so we have full rights to use them. If we create graphics for you, such as a logo or specific website graphic, then it belongs to you and you have the right to reuse it and take it with you if your site is ever moved. (Provided your account is paid up and do not have an outstanding balance.) We are not liable for any misuse of this policy.
3.0 Terminology Overview:
The terminology detailed below is not meant to be all inclusive. You may see this terminology in your estimate or invoice so the intent here is to give you a general overview of its meaning. If you need a more detailed explanation please contact Zach @ 651-300-4239 or email us.
3.1 Accounting Terminology:
An estimate of work is provided to communicate what we will be doing, in as much detail as possible, and the amount of time we expect it to take. The estimate may change due to customer requirements or due to information gathered during discovery. An estimate is not a firm or fixed price.
An invoice for work is provided once the project is at a point where the time and materials will no longer be changing, without a written change request. The payment terms of the invoice are stated on the invoice and must be kept or late charges will apply. See section: 2.0.4 for more information.
3.1.3 Credit Card Receipt
Once a credit card is processed, we will give you a credit card receipt in a .PDF format. This can be opened and read using Adobe’s Acrobat Reader. www.adobe.com – this is a free download. Since most of our transactions take place over the phone, the receipt is not signed. We want to avoid any charge backs, so we will often call and get verbal approval before charging your card.
3.2 Website Terminology:
3.2.1 Domain Name:
A domain name is a unique name used to access a website using an internet web browser. An example of this is: www.yourcompanyname.(com) or www.yourcompanyname.(net) An internet browser is a general term for Google’s Chrome, Apple’s Safari, Microsoft’s Internet Explorer or Mozilla’s FireFox browser. When you purchase a domain name through us it is registered in your name and we are listed as the administrative and technical contacts. If this is moved to a different registrar, this information can be changed. Since you own this domain name, it can be moved at any time, as long as your account is paid and you have the authorization code. Contact us if you are considering this and we can help with any questions that you might have.
3.2.2 Custom Website:
A custom built website is built according to your specifications and is completely unique. Some websites may start with a template, but a custom website is built specifically for your business. Once this custom website is built, it is your property. It can be removed from our servers without any need for a special license or software. Custom built websites are self-contained and may only require standard server software, typically provided by a web hosting company.
3.2.3 Content Management Website:
A content management website is built with an admin area where you, the website owner, can login, and make changes to the website whenever you want. These sites are typically built using a template that works with this content management software, but we can build a custom template for you. Our content management web sites are built using licensed software that is on our server. We program your website using this licensed software. Your hosting charges with us do not include the purchase of this license, so if you decide to move your website, your new host will need to make sure they have this same license so your website will work on their server. This is similar to purchasing a software package for your computer. Once installed, you can create documents with it, but if you want to bring them up on someone else’s computer, they will need to have this same software, in order for it to work. There are a lot of content management website software packages in the marketplace. We have found one that we have helped develop and have paid to licence. When you have a website built by us and get to use this software, you’ll see that we are providing something that no one else has to offer. This software also plays a big role in optimizing your website for search engines. To learn more about SEO, please see section 5.7.3
3.2.4 eCommerce Website:
This is a website with pages about your business, a product catalog, and an admin area. This admin area is very robust. You can track customer information, orders, credits, inventory, and credit card payments. We are an authorized seller for BigCommerce, the best eCommerce Website Software available! We hope that you find the eCommerce software to be a large part of your success and never want to leave, but understand that it doesn’t always work out that way. Hopefully this clarifies any confusion and helps you plan when you decide to open an e-commerce business on the Internet. We are here to help so please contact us for any questions!
3.2.5 Hosting Account / Control Panel
A hosting account is setup for you when you purchase a hosting account with us. You will have secure access to this hosting account to setup email addresses and view website statistics. Access to this control panel is easy. You will be given a unique user ID and password.
An SSL is a Secure Socket Layer. We purchase 256Bit Encrypted SSL certificates in your name and add them to your e-commerce or website account. These are used to secure the connection between your website and your customer’s computer so any data they send to you is protected against hackers. These are typically purchased for you when an e-commerce website is built. Then, the cost is rolled into your hosting fees. If you decide to change website hosting companies, a new SSL will be needed. This is something that is not easily transferred between website hosting companies.
3.3 Email Marketing Terminology:
3.3.1 Email Contact List:
A contact list where you can store information about your customers, used to send them email campaigns.
3.3.2 Email Marketing Campaign
An email campaign is a custom email that you create about your special, coupon, or event. This is sent at a specific time to people in your contact list. We use Quebert.net to setup and send email campaigns.
3.3.3 Auto Responder
An automatic email campaign that you have written in advance, sent automatically when a ‘trigger’ is hit. So, if you set the trigger as joining your newsletter list from your website, they can beging getting automatic emails from you… all hands off. Very easy to setup and administer. Ads a lot of value to your business.
3.3.4 Email Campaign Template
An email template is a predefined email that you modify to fit your specific campaign.
3.4 Computer / Network Terminology
3.4.1 Computer Network
A computer network is two or more computers connected together with cables or wireless technology. Having a computer network will enable you to share files or peripherals like a scanner or printer.
3.4.2 Network Server
A computer server is the central computer used in a computer network to store user id’s, passwords, and files. This central hub acts as a central point for other computers. Window Server 2003 or 2008 is often used to set up a computer network server.
3.4.3 File Server
A server dedicated to storing files in a centralized location
3.4.4 File Sharing, Printer Sharing
The ability to share a file or printer peripheral with someone else on your local or wide area network
3.4.5 Network Router
A separate component that is used to route network traffic inside a network. You can configure a router to only allow certain types of data through, making your network more secure.
3.4.6 Network Switch
A separate component that connects the computers in a network together. Cables or wireless connections are added to a switch, allowing them all to talk together on the same network. Like a telephone that is plugged into a phone switch, allowing you to make a call or connect with someone else that has a telephone.
3.4.7 Network Cabling
Specific grade cabling used to create a computer network. Typically Catagory 5e or Category 6 style cable is used.
3.4.8 Voice over IP
A type of data that is transmitted over your network; internally or externally. Vonage, Time Warner, and Comcast all have voice or IP systems setup so you can make telephone calls over your Internet connection. When you do this, regular telephoen wires are not needed.
3.4.9 Network Cards and TCP/IP
A card that is added to a laptop or desktop computer, used to connect that computer to a wired or wireless network.
4.0 Customer Responsibilities:
Customers are expected to communicate with us in person, through email, standard mail, or via the telephone. If you have a question, concern or issue, we need to know what you are thinking in order to help resolve it. We encourage open communication. We are always open to constructive feedback and customer questions.
Customers will need to provide us with text, images, and other related content for a website project. We are not responsible for any content that appears on your website that you create, including text content. We assume that all content given to us to work with is without copyright and property of the client, and the client is held responsible for this. Any content that Dynamic I.M. creates and adds to a client website will be without copyright. Content should be delivered via email is possible, but we can pick it up as well. Arrangements should be made early on in a project, to begin gathering and or creating content for the website. This can often-times slow a website project down.
Customers are responsible for making payment on time. If payment is not made on time service can be interrupted.
If you have any questions on how to make payment, please contact us. We accept cash, company check, master card, visa, and discover card. We also accept IMS Barter if you are a member of this company. To learn more about this visit: www.imsbarter.com
Keeping a website current by adding or changing content should be discussed so we know how you would like this handled. We can do it for you at our standard hourly rate or you can purchase a block of time at a discounted rate. You can also request training and do the maintenance yourself. We are flexible. The terms of your maintenance agreement should be discussed at the time of your original agreement.
5.0 Dynamic Internet Marketing, LLC Staff Roles & Responsibilities:
5.1 Project Management
The project manager is responsible for the project’s scope, time frame, and cost or budget. Your assigned project manager will communicate the project schedule and keep you up to date on the status and progress of the project.
5.2 Requirements Gathering
Once a statement of work is signed, we begin the project by gathering requirements that are very detailed. These are used to design your website so we want to make sure they are done correctly. You’ll be asked to sign a customer requirements document once it is complete, before design is started.
5.3 Website Layout and Design
A website layout is the structure of a website; the header, footer, navigation… Each site will have a different layout requirement. The design refers to colors, background, graphics, buttons, etc…
You will also be asked to sign off on the website’s layout and design before moving on to programming/development. If changes are made to this after you sign off, additional costs may need to be added to the project.
5.4 Graphic Design
Graphics can be provided by the customer or customer’s graphic designer, but are typically done by us when we create a website. This includes your site design, buttons, photos, and company logo as stated in your agreement/estimate.
5.4.1 Website Graphics
A website graphic is a .jpg, .png or .gif file format and if it is a photo, it has a 72dpi color depth. These specifications are to ensure the website graphics are optimized for the Internet. Graphics that are larger or use a higher color depth will cause the web page to load slower.
5.4.2 Image or Photo Manipulation
Images and photos can be manipulate using a graphics program like Adobe Photoshop or free online tools. Most photos taken with digital cameras are not web-ready and need to be modified so they will work correctly with a website.
5.4.3 Company Logos
We can create a company logo for you or you can provide one for us to use. Please let us know if this should be part of your detailed agreement.
5.5 Programming and Testing
5.5.1 HTML Programming
Hypertext Markup Language used to create standard web pages.
5.5.2 PHP Programming
Programming language similar in structure to HTML but commonly used to make database calls, meaning the page is constructed using information that is stored in a database vs. information that is static.
5.5.3 MySQL Programming
This is an open source, free, database language very similar to Microsoft’s SQL database language.
5.5.4 FLASH Programming
Adobe Flash is a programming language used to produce animation
5.5.5 Java Script Programming
This scripting language allows the website programmer to create animated actions without the use of a program like Adobe Flash. You can produce the actions or code right in the website. It is more flexible but has less features.
5.5.6 AJAX Programming
This is the combination of Java database language to produce a web page that can be updated without a full page refresh. This makes the web site experience more dynamic and user friendly.
Consulting services are provided on an hourly basis and are followed up with a written report.
5.6.1 General Business Consulting
Are you looking to start a business or improve your existing business process? We offer general business consulting to help improve your operational effectiveness. We have been blessed to work with over 50 different industries so we can look at your situation and provide suggestions for improvement.
5.6.2 Computer / Network Consulting
We provide consulting to purchase the components necessary for a personal or network computer.
These services do not typically involve Macintosh systems or Unix Environments. We have experience with MS Windows and MS Server technology.
5.6.3 Project Management Consulting
We provide project management consulting. Each project follows five main areas; Initiation, Planning, Execution, Control, and Closing. We use tools like MS Project and MS Visio to document the project schedule, work breakdown structure, and project status. If you are in the middle of a project and need rescue, we can help. If you are planning for a project and just need help getting organized, we can help.
5.7 SEO, SEM, Analysis, Submission
5.7.1 Search Engine Submission
We submit your site to the top search engines monthly. Taking a proactive stance to submit your site can help your search engine placement.
5.7.2 Website Search Engine Analysis
This report shows where you are today with Google, Yahoo, and MSN based on the keywords you specifiy. Our objective is to use this report as a guide to help optimize and market your website so it comes up on page one in the search engines.
5.7.3 Search Engine Optimization
SEO is the internal changes made to your website that make it easier for search engines like Google, MSN, and Yahoo to find your site, organically. When your site is listed in their search engine organically, it is not through a paid subscription or pay per click service. To optimize your site we focus on your webpage title meta tag, description meta tag, and individual keywords. We also look at each page’s content, including image alt-tags and referring links. A referring link is a word or set of words that link to another part of your website.
5.7.4 Search Engine Marketing
SEM is the external marketing of your website to the outside world. This includes in-bound links from other websites to your website, posting your business profile on other websites, posting classifieds, and other related content to BLOGs and Forums.
5.8 Computer Repair
Consists of fixing your computer hardware or installed software. We may replace a power supply, system memory, a hard drive, a cd-rom or dvd-rom drive, or help configure and setup your installed system software.
5.8.1 Remote Support
This is utilized for customers that live outside our immediate service area or need support outside business hours. With remote support, we can access your system through the Internet and diagnose and or fix the problem.
We use “LogMeIn” and “Crossloop” as tools for remote support.
5.9 Networking; Local and Wireless
5.9.1 Local Area Network
A local area network is within your office or home and can be wired or wireless
5.9.2 Wide Area Network
A wide area network is two or more computers connected that are not in the same building, like the Internet. You can have a private wide area network if your business has multiple locations or you can use the Internet, a public, un-secure wide area network.
5.9.3 Wireless / Wired Network
A network enables the connection between two or more computers in order to share resources like an internet connection, a central file storage, or a peripheral like a printer or scanner.
5.9.4 Workstation / Server / Laptop
A workstation; desktop, server, or laptop is a computer system that we can work on for repair or configuration
6.0 Website Maintenance
A website maintenance agreement will be discussed. Our objective is to provide you with the ability to update your site through an admin area or as a service, as you need changes to your site.
Your data stored on our server is secure and cannot be accessed by anyone else. We also do not sell any of our data or use it for any other marketing purposes.
8.0 Third Parties / Limited Liability Claims
A third party is someone that we work with for a limited time period, incorporating something that they built into your project. An example would be a widget for your website like a ‘weather sticker’ We may use a weather sticker from “Weather.com” on your website, but we didn’t develop it. We may also purchase a piece of equipment from a third party for your network or computer system, that we didn’t create, but purchased to solve a problem. In both cases, where we did not create it or build it, but we are using it in a solution, we are not liable for the items accuracy or functionality. If we purchase this widget and it doesn’t work as advertised, we cannot be held liable. If we purchase a piece of equipment and it fails 2 days after we install it, we are subject to its manufacturer’s warranty.
9.0 NEW Results Clients/Transition
Dynamic Internet Marketing, LLC acquired NEW Results, LLC on January 1, 2014. All clients were notified of the transition, and any current/ongoing work was continued as paid for by the client. However, Dynamic Internet Marketing, LLC is not responsible for any claims made by NEW Results, LLC (including Jeff Blackman), prior to the January 1st merger. Clients are encouraged to contact Zach (651-300-4239) if they have any questions about this. Dynamic Internet Marketing, LLC is committed to providing the same level of excellence that NEW Results, LLC has provided in the past.
10.0 About These Terms And Conditions
These terms and conditions were created because customers and associates of Dynamic Internet Marketing, LLC have asked for us to be specific about what we do and what we offer, so it is clear and there are no misunderstandings. If you read any of these items and they confuse you even more then you already are, please contact us for clarification. In some cases, items were added because people tried to take advantage of us or the situation because we didn’t clearly spell everything out. From time to time, as we learn from our mistakes or misfortune, these will be updated. Any past or existing customer is subject to these terms and conditions as they are updated. If you disagree with them please talk to us… it could just be a misunderstanding and we can update the wording so it is more clear. Thanks for taking time to read them and we hope it makes the experience you have with us more fulfilling and satisfying!