Terms of Service
Unconfusing Technology (herein "Unconfusing") wants to offer quality service and support to our clients. We honor our commitments and ask the same of our clients. We also do everything in our power to protect our clients and try to do the same for ourselves. Therefore, we commit to and offer the following terms of service:
Herein, "Unconfusing" or "we" will represent the company Unconfusing Technology, LLC, its officers, shareholders, employees, and members. Herein, "software" shall represent any code, website, design, module, or product offered by Unconfusing Technology, LLC. The terms "Project" or "Projects" shall refer to any collection of products and/or services including design, implementation, testing, and repairs offered by Unconfusing.
Alteration of Service Agreement
From time to time we have to update or change our Terms and Conditions of Service, but we will keep a record of each of the previous Terms linked from this page. We reserve the right to change these Terms at our discresion.
Quotes are valid and will be honored for 30 days. After this time, a quote may be considered outdated and thus null and void. A new quote may then be provided upon request if the previous quote is deemed void. Acceptance of quotes represents an agreement to these conditions as well as an agreement to pay a deposit of no less than (1/5) of the quoted amount. The deposit amount may vary depending on the job size and conditions.
Small Projects, repair work, website updates, or consulting may not require a formal contract. Our contract will be active and valid upon commission from the client to do the work. We prefer that you commission us via email so that both parties have a record of this. If not, we may send you an email to confirm our goals or agreement with you.
Deposits, Licensing, and Charges
If our work for you is being done hourly - such as repairs, updates, special Projects, or consulting - full payment is due at the end of the project. You will be billed accordingly. We bill in increments of half-hours (30 minutes) and will round up to the nearest hour.
If our development for you is a large project that has been quoted to you, a minimum deposit of no less than one-fifth (1/5) of the total project amount is due upon contract signing. This amount may be changed at our discretion and depending on the size and scope of the project but will be clearly outlined in your project's contract. If you abandon the Project or cancel it between contract signing and project completion, you forfeit your deposit and may be liable for additional project development costs that accrued during this time. We work hard for you and have expenses that are generated during Project development.
Licensing and yearly leasing fees will be billed upon contract signing and will be subsequently billed every year before the licenses or leases expire. These leases or licenses are generally non-refundable. Please contact us if you have questions about this.
Billing and Payment
All invoices from us are due within 30 days. We accept checks and Google Checkout or, when absolutely necessary, PayPal payments. The standard payment method is by check unless otherwise noted, so you must let us know if you prefer another method and we can arrange that. Our billing cycles are generally monthly unless otherwise noted.
If you sign up for a special or online offer, an online payment method and alternative pay period may be required. Please note the purchase of any of our products and services through an online interface, e-commerce store, or through a web-based form are considered contractual relationships and the terms of service displayed at the time of purchase are legal and binding.
Any check payments that do not clear will be charged a $45 fee and may incur other fees if bad check causes the account to become overdue. Any overdue accounts will be assessed a late fee of the larger of 15% of the balance or $20 for nonpayment. For each 30 days the overdue balance goes unpaid, and additional late fee of 15% of the balance will be assessed to the account. If accounts are not cleared, the client will be held responsible for collection costs. Accounts, projects, hosting, and/or access to systems will be suspended for nonpayment. Your Project or account will not be released to you or uploaded until full payment is received. In the event that we do release your project or account to you without full payment being received, we reserve the right and option to remove or take down your project at our discretion until such payment is received in full.
In the event of a dispute we shall be entitled to recover from the client reasonable attorneys' fees, court costs, and all other expenses which may be incurred by us in the enforcing or interpretation of the contract or Terms of Service or the provisions of any related documents, the collections of any disputed or undisputed balance under this agreement, whether or not an action is commenced.
All contracts between us and our clients as well as these Terms of Service are being executed and delivered in the State of Alabama and the laws of the State of Alabama or the laws of the Federal Courts contained within the State of Alabama shall govern the rights of the parties to the contract and these Terms of Service and the validity, instruction, enforcement and interpretation of thereof.
Consent to Jurisdiction and Waiver
All disputes arising out of services performed or requested to be performed by Unconfusing shall be under the jurisdiction of the State or Federal Courts for Lee County, Alabama. By agreeing to these Terms of Service all parties waive any and all defenses, rights, and questions of jurisdiction and venue and hereby submit to the venue and jurisdiction of the State or Federal Courts for Lee County, Alabama.
Cancellation or Change in Service
We must be notified in writing of your intention to discontinue, cancel, or alter your services or products with us at least thirty (30) days prior to this change of our relationship. If you are under contract with us, you may not be able to alter your products or services until your contract expires or without amendments to that contract.
Hours of Operation
Our business hours may not be typical business hours because many times we work on live sites and servers that cannot be interrupted or altered during business hours, but we do clearly show our hours of availability on our site. Please email us or call during those times and we will be back in touch with you as soon as possible.
If you require maintenance after the hours, such as on weekends or holidays, you will be charged our base rate with an additional charge of $30 per hour for after-hours assistance. Servers that go down are our first priority, and we will not charge the client if this is our problem.
Software Design Credit
We may place a link or text back to us on your software or website for credit. By hiring us to work on your software or website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay Unconfusing a fee of $100 to have this link permanently removed. Should you have a new layout designed for your website by a company other than Unconfusing, you may remove the credit from your website. Almost all of our work is from referrals, and we are very proud of our portfolio. Thank you for your understanding in this matter.
Copyright and Ownership
Upon completion of the Project, Unconfusing transfers all rights and ownership of CUSTOM designs and programming written by Unconfusing to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.
We do retain ownership and copyright of some proprietary code, frameworks, modules, or code that is leased yearly or monthly, and you may not take that with you if you end your relationship with us. These may not be reused or resubmitted by you or any other party without our expressed written approval. Unconfusing reserves the right to resell custom designed websites that remain unpaid by the original client, unaccepted mockups, or other graphics created by Unconfusing but not in legal use by the client. Unconfusing also reserves the right to resell or reuse any and all developments that may be sold or leased as a service to our clients.
Unconfusing reserves the right to display websites and graphics that have been designed by Unconfusing on their website, and in any marketing material to aid as examples of our work.
Data and materials
Content and materials (including text, images, videos, and other media) entered on a website built by Unconfusing or in a software/service provided by Unconfusing is strictly copyrighted by and owned by the client, regardless of the way it was entered. Unconfusing does not wish to own client data and will gladly work to retrieve and deliver client's data/copyrighted works upon termination of service. Most of our custom software already has data retrieval and backup/data dump mechanisms readily available, but in the event these services are not automatically available, the client can request this service at no cost.
Development and Delivery
Unconfusing strives to complete Projects in a timely manner. We cannot guarantee a date of delivery for every Project, because every Project is different in size and scope. However, we can make the following guarantees:
- We commit to providing you with a timeline of our deliverables, upon request.
- We commit to stay in regular communication with you regarding the progress of your Project.
We also require you to provide us with content and materials needed to construct and/or design your Project within thirty (30) days of contract signing. If we do not have the materials needed to complete your Project within time period, your quote and contract will become null and void and you will forfeit all deposits made. You may also be responsible for additional development costs not covered by the deposit.
We do not issue refunds on hosting accounts, domains, SSL services, or designs/developments already accepted. We can prorate your licensing for our services if you wish, and we can stop your account from being billed for the next period of hosting, domains, licensing, etc. if you promptly notify us in writing within thirty (30) days of your wish to cancel, as stated above.
We prefer email communication when possible. You may send us files, screenshots, error messages you may have questions about, but please be responsible with your attachments. You will be liable for repair costs of any virus, worm, or malware that you send to us or our servers via email, script, or upload.
Please note we design scripts that automatically notify us when a problem has occurred. We will investigate these immediately and contact you if necessary. If you detect a problem with your service or software, please email us at email@example.com.
We commit to returning your email and phone calls within 36 hours.
If we are unable to communicate with a client on a Project for a duration of at least sixty (60) days by phone or email during the design and development process, the Project will be canceled without prior notice and no refund will be issued. You may also be responsible for additional costs of development not yet billed during the design or development process.
Services purchased from Unconfusing are provided "as is" without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, display ability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and Unconfusing hereby disclaim any and all such warranties, express and implied.
Unconfusing does not warrant that the software or the services, content, functions or materials provided through the web site will be timely, secure, uninterrupted or error free, or that defects will be corrected. Unconfusing makes no warranty that the web site or the provided services will meet users' requirements. No advice, results or information, whether oral or written, obtained by you from Unconfusing or through the web site shall create any warranty not expressly made herein. Unconfusing also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing in the software or your downloading of any materials, data, text, images, video content, or audio content from the software. If you are dissatisfied with the web site, your sole remedy is to discontinue using the web site.
In no event shall Unconfusing be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the Project, software, website, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
Upon acceptance, all future liabilities, copyrights, and ownership for the Project, website, or software is transferred to the client. Client accepts responsibility for the Project, website, or software.
Limitation of Liability
In no event, including but not limited to negligence, shall Unconfusing, or any of its directors, officers, employees, agents or content or service providers (collectively, the "protected entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the web site or the content, materials and functions related thereto, your provision of information via the web site, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the software. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the web site exceed, in the aggregate, the amount, if any, paid by you to Unconfusing for your use of the Project or purchase of products via the software.
Please note that by submitting your down payment for our services you are agreeing to all of our terms as written on this site. Unconfusing reserves the right to change or update these terms at any time without prior notice.
Our Copyrights and Trade Marks
Our logo and the term "Unconfusing" is a trademark we own. You may not use it or reproduce it without permission. We retain copyrights over the content, materials, and design of or within this website, unless otherwise noted. We also retain copyright to this text and agreement. We reserve all rights to this material. Please do not copy it without permission.
Unconfusing Technology enjoys healthy relationships with its customers, and we look forward to serving you in any way possible in the future.