Terms of Use
Website Templates
Website Hosting
Archetype Marketing Design Services Rates & Terms
Governing Law
TERMS OF USE FOR WEBSITE TEMPLATES
1. IMPORTANT INFORMATION
You should carefully read the following terms and conditions. Your purchase or use of our products implies that you have read and accepted these terms and conditions.
2. LICENSE
Our website grants you a nonexclusive limited license to use the web templates and other products sold through our web site by independend content providers (the "products") in accordance with these Terms and Conditions (the "license") issued by our company.
a) LIMITED USAGE GRANTED
You may only use each individual product on a single website, belonging to either you or your client. You have to purchase same template once more in order to make another project with the same design
b) MODIFICATIONS
You are authorized to make any necessary modification(s) to our products to fit your purposes.
c) UNAUTHORIZED USE
You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.
d) ASSIGNABILITY
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from templatemonster.com.
e) OWNERSHIP
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of independent content providers.
Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
3. OUR REFUND POLICY
Since our company is offering non-tangible irrevocable goods we do not issue refunds after the product is shipped, which you are responsible for understanding upon purchasing any article at our site. Please make sure that you've carefully read 'sources available' section. We only make exceptions with this rule when the product appears to be not-as-described on a case by case basis in agreement of the parties concerned. The deadline for any refund claim is one week after the delivery date
4. ANTIFRAUD CHECK
Customer purchase can be suspended for manual antifraud check for 10-20 minutes as well as it can be suspended for longer term (around 20 hours) for more serious investigation. Antifraud check occurs because of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase.
WEBSITE HOSTING TERMS
1. PAYMENT FOR SERVICES
You agree to pay all of our proper invoices for all installation charges, service fees and charges, equipment fees, and all other charges in connection with the services, including, but not limited to, fees for late payment and interest, charges for returned or "bounced" checks, reasonable attorneys fees in the event that we are required to retain counsel to enforce this agreement, and disconnection fees and early termination charges if we terminate this agreement because of your default. If you dispute any of the charges on your bill, you must notify us immediately or, at the very least, no later than 30 days after the date on the disputed bill. All items not in dispute must be paid when due. Once the dispute is resolved, any appropriate adjustments due to you or to us will appear on the next bill. After the Term of the Plan selected ends, you will automatically be renewed for the same Plan unless written notice is provided by 7 days prior to your next billing date. We may terminate any or all services, without additional notice if payment is not received when due. If, after termination, you desire to restart the services, you may be required to pay additional fees and deposits, and to prepay for the services.
Bottom Line for Hosting Payments: You will receive a bill for your hosting services several days prior to due date (depending on whether you have chosen (monthly, quarterly, or annual billing) and several "reminder" emails if your hosting bill is not paid.
If you have not paid your hosting bill by the 10th day following your due date your account will be assessed a late fee of $25.00.
If your hosting services are still not paid by the 15th day after the due date, your hosting service will be suspended and a "suspend page" will appear at your url. You will have 5 days, up until the 20th day after your hosting service is due to satisfy your payment including any late charges and your site will be restored with no additional charges. After the 20th day of your hosting service billing due date you will be charged an additional $30 to restore your site. Once your hosting service bill has reached 30 days past due your site will be completely removed and you will be responsible for establishing new service and uploading your entire site (including databases) to the server. If MadameInternet has retained a backup copy of your website you will be able to re-establish service after full payment of past due fees and penalties as well as advance payment of web hosting services for a minimum of 3 mos and a re-instatement fee of $50.
There are NO exceptions without prior written consent from MadameInternet/Archetype Marketing.
Termination of Service
Your contract term is the same duration as your billing term when you originally signed up for service. The contract term will automatically renew each period unless the Termination of Service agreement is received by our billing department. Termination of service requires that a Support Ticket requesting Termination of Services be submitted at least 7 days prior to your next billing. Once the TOS support ticket has been received, we will process your request within 24 hours. Your account will be shut down on the day your contact expires. Archetype Marketing/Madame Internet reserves the right to terminate service of any account on either our shared, co-location or dedicated servers for any reason with or without notice. By signing up for ARCHETYPE MARKETING Hosting services, you agree to hold Archetype Marketing/MadameInternet.com completely free from any and all liability related to both the operation and termination of services including but not limited to loss of revenue, loss of access to resources, security breach of sensitive information, costs associated with transferring the account to another provider, repair cost, or development costs.
Acts Beyond Our Control
We shall not be deemed in breach if our obligations are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, failure of transportation or communication, third party nonperformance (including, without limitation, the failure or performance of common carriers, interexchange carriers, local exchange carriers, suppliers and subcontractors), or any other cause beyond our reasonable control.
Limitation of Liability
THE SERVICES HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED, ABOUT OUR EQUIPMENT, SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED, OR ARISING BY LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL, HOWEVER, REPAIR OR REPLACE AT NO CHARGE TO YOU ANY OF OUR EQUIPMENT THAT, IN OUR SOLE JUDGMENT, FAILS TO OPERATE PROPERLY BECAUSE OF A DEFECT OR ORDINARY WEAR AND TEAR. YOU ACKNOWLEDGE THAT WE DO NOT EXERCISE CONTROL OVER THE CONTENT OF INFORMATION PASSING THROUGH THE EQUIPMENT WITH THE SERVICES WE PROVIDE. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE ACCURACY, QUALITY, OR NATURE OF THE INFORMATION OBTAINED THROUGH THE SERVICES WE PROVIDE. WE WILL NOT BE RESPONSIBLE FOR LOSS OF PROPERTY OR INJURY RESULTING FROM ANY DEFECT IN THE EQUIPMENT, ITS INSTALLATION, DISCONNECTION, OR OTHERWISE; OR FOR ANY SERVICE, SERVICE FAILURE, OR INTERRUPTION RESULTING FROM CIRCUMSTANCES BEYOND OUR CONTROL. OUR ONLY RESPONSIBILITY FOR ANY FAILURE OR INTERRUPTION OF SERVICES WILL BE TO CREDIT YOUR ACCOUNT IN ACCORDANCE WITH THE PROVISIONS OF THE SERVICE LEVEL AGREEMENT. IN NO EVENT SHALL OUR LIABILITY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT OF FEES PAID BY YOU IN THE APPLICABLE MONTH. WE SHALL IN NO EVENT BE LIABLE FOR (i) LOSS OF PROFITS OR GOODWILL, (ii) LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR (iii) CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR CONTINGENT DAMAGES OF ANY KIND (WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE FOR ANY ACT OR OMISSION, STRICT LIABILITY, WARRANTY OR OTHERWISE), OR BECAUSE OF ANY DELAY BY US OR OUR AUTHORIZED REPRESENTATIVES IN PROVIDING THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARCHETYPE MARKETING DESIGN SERVICES RATES & TERMS
At ARCHETYPE MARKETING we provide professional, custom graphic design, web site design and printing products specifically focused toward our client’s target market. For an estimate on your project, call 415-632-3230 for additional information and to discuss project specifications.
1. BASIC DESIGN RATE
The basic hourly rate applies to design and development work. Although the subjective nature of design does not permit us to give firm quotes, we are glad to provide a written estimate of projected project costs. We recognize the need for budget control, and we will provide verbal or written reports on time as the project progresses. Billable time on design projects includes all time spent directly on the project, including: project research and development, client consultations, design work, revisions, proof output, coordinating with sub-contractors, and communications (phone, email, and in person). Billable time may also include travel time to client’s location or other location associated with the job, as required. Contact us for our current hourly design rates.
2. CONTINGENCY COSTS
Contingency costs cover elements of the project not covered by the contract and may include:
- Rush charges for projects with quick deadlines
- Charges for delayed payment (See payment terms)
- Charges for changes to the project outside the parameters agreed upon
3. EXPENSES
Expenses are incurred when the project requires use of materials or vendors other than design work performed by ARCHETYPE MARKETING Expenses may include:
- Printing, color proofs, film and other pre-press production items
- Photography sessions and film development
- Stock Photo and/or Clipart purchases specifically related to the project
- Paper purchases (usually included in printing costs)
- Print coordination fees and job pickup/delivery costs
- Web Site Hosting & Domain Name Registration fees
- Sub-contracting, other vendor costs & Project Management Fees
4. BILLING & PAYMENT TERMS
50% of estimated graphic design and contingency costs are due upon beginning a project and/or contract signing unless the project is small or of short duration (determined at initial consultation). Payment must be made before any work is started on a project. ARCHTEYPE MARKETING reserves the right to invoice client at any time if project extends beyond projected completion date, or if the number of billable hours on the project exceeds the estimated project time. Changes in initial Scope of Work will require pre-payment of any additional deposits due. 100% of printing costs and/or any additional outside vendor costs must be paid prior to submitting the project to print, unless credit has been established. Outside vendors used by ARCHETYPE MARKETING to facilitate client project may incur an Agency Fee due to ARCHETYPE MARKETING.
All invoices are due and payable upon receipt and must be paid UPON COMPLETION of project, unless otherwise specified in the contract. A penalty for late payment will be assessed as follows: 2.5% of unpaid balance on the 5th day after COMPLETION of Project and receipt by client of final invoice. An additional 1.5% of unpaid balance will be assessed on the 10th day of each month thereafter.
5. PAYMENT METHODS
Invoices may be paid by wire transfer or credit card via PayPal, Revolution or Google Checkout. PayPal payments will incur a 5% processing fee. Checks are not accepted unless by prior arrangements. A $25 fee will be assessed for all returned checks. A 5% service charge will apply to any printing or postage payments made by credit card.
6. PROJECT CANCELLATION
Should client or designer stop the project at any time during the development period, designer will invoice for work completed up to the point of termination. Cancellation fees may apply as determined by ARCHETYPE MARKETING.
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Governing Law
The Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Idaho (without regard to its principles of conflicts of laws) and applicable federal laws and any applicable tariffs, rules, and regulations. Any action to enforce The Terms and Conditions shall be brought in a state or federal court located in Boise, Idaho. In addition, our performance hereunder shall be subject to any applicable governmental rules, regulations, and tariffs filed by us or our affiliates with governing regulatory authorities. In the event of a conflict between the terms of any applicable tariff, rule, or regulation and the Terms and Conditions, the tariff, rule or regulation shall control, with respect to such conflicting provision. All non-conflicting terms of the Terms and Conditions shall apply.
All Rates & Terms must be signed off prior to commencing project work.
Our company reserves the right to change or modify these terms with no prior notice.
