Terms of Service
I hate contracts. They’re like finding a little mold on that perfect piece of bread. That said, they’re necessary because as much as we all hate them, I particularly hate hassling over details with people when we could’ve just spelled it all out from the get go.
So here it is, what you’re agreeing to in full by making payment for Forage.
1) You are not purchasing a custom design & development service. You’ll have email access to me for any questions you might have for the life of your site, free SEO advice and technical help with using your website. I’m also available for feedback on any imagery, content and other choices you make with your Forage site. However, this is not a full custom design and development service and customizations will be limited to the native functionality built into Forage. Additional design and development services are purchasable at my hourly rate of $75 / hour. I do offer complete custom design packages, if you’re interested.
2) By purchasing Forage, you are agreeing to be bound by The Uniform Electronic Transaction Act of the United States, and agree to be bound by all provisions outlined herein, and agreeing to these Terms of Service.
3) For legal purposes, the location of this transaction will be Pittsburgh, Pennsylvania, USA. This contract is governed by the law of the Commonwealth of Pennsylvania without respect to its conflict of law provisions. All disputes involving this contract or the parties to it shall be heard in the Allegheny County Court of Common Pleas, which court the parties acknowledge has express jurisdiction over any and all such disputes.
4) You agree to this contract. By agreeing to these Terms of Service, you are agreeing to be legally bound as outlined herein.
5) ClickNathan expects to get paid for all work performed. Should you request, in writing, any work to be performed outside of the scope of this service, you will be billed at an hourly rate of $75 / hour, billed in 1 hour increments, unless other arrangements have been made. No work will be performed by ClickNathan, LLC. unless expressly requested in writing, to email@example.com, and confirmed via a reply email. Should this contract be terminated by the Client for any reason, the Client will be responsible to make any payments to ClickNathan, LLC. for any work performed to that point. Termination of the contract must be submitted by the Client in writing, via email, to firstname.lastname@example.org. Payments made after 14 days of the Client receiving an invoice are subject to a 1% late fee per day for 14 days. An additional 5% fee will be charged every 30 days a particular payment has not been made.
6) If any part of this contract is found to be void, the remaining portions of the contract still remain valid.
7) ClickNathan doesn’t want to get sued. Limitation of Liability Disclaimer – In no event whatsoever will ClickNathan, LLC. be liable to the Client for ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, LOST GOODWILL, LOST BUSINESS, OR DOWN TIME, INCURRED BY CUSTOMER AS A RESULT OF ANY BREACH OF THIS AGREEMENT OR ANY NEGLIGENCE IN CARRYING OUT THIS AGREEMENT (even if ClickNathan, LLC. has been advised of the possibility of such damages and whether a claim arises out of a contract or tort duty, including negligence and strict liability). ClickNathan, LLC. SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST the Client BY THIRD PARTIES.
8) ClickNathan is not your employee. ClickNathan, LLC. will perform the services as an independent contractor, not as an employee, agent, or other representative of the Client.
9) ClickNathan likes to take credit. ClickNathan, LLC. will place a link to http://clicknathan.com in the footer area of your website or on a page of his choosing specifically created for that purpose, with the text Web Design by ClickNathan or some similar derivative. This link is considered to be designer credit and provides value to ClickNathan, LLC. in the form of search engine optimization and website traffic, and that value is incorporated into the overall cost of your project. This link is not mandatory, and can be removed at the Client’s request. Removal of the link, however, will result in a $750 charge to the Client.
10) Once you pay ClickNathan, you will own your website’s content completely and use it how you see fit. ClickNathan, LLC. shall retain all right, title and interest in all of the material produced for this project, excluding graphics, logos or other materials provided by the Client. All code created, including the basis of the Forage theme, shall remain the property of ClickNathan, LLC in perpetuity, and shall not be copied or distributed by the client in any way.
11) Email is the best way to request support, with email@example.com being the email address to use.
12) All payments must be made via credit card, unless otherwise agreed to by ClickNathan, LLC.
13) Technical Support You are purchasing a product that, while continually updated and improved upon, is sold as is and specific requests for changes or updates on a per customer basis are not possible without additional cost. Any errors or bugs you find that arise as a result of the way Forage works will be addressed by ClickNathan in a timely manner, however errors caused by your own actions, such as editing files or adding plugins, are not technically covered under this agreement. I am happy to troubleshoot those for you, and we can revert your site to a previous backup at any point at no additional cost. If you desire custom functionality that is outside of the scope of Forage, the cost is $75 / hour, billed in 1 hour increments, unless agreed to at a different rate by both parties, in writing, via email.
14) No refunds. No amount paid to ClickNathan, LLC. will be refundable for any reason except upon agreement by both parties.