Terms

Updated: September 1, 2018

TL;DR

  • Time to dispute an invoice is now 10 days instead of 15
  • The reinstatement fee is now $350 instead of $250
  • Access to data does not continue uninterrupted after terminating services and are available upon request for 30 days
  • Services suspended if not paid by the 5th (instead of the 7th)
  • Added institutional customer responsibilities for payment
  • Clarified that there are no warranties for customers not on enterprise plans rather than applying the warranty to enterprise and corporate customers

CrucianPoint, LLC hereinafter referred to as “Company” is engaged in providing web design, web hosting, mobile app development, website maintenance and Internet marketing services. We are not in the banking business and do not extend lines of credit. By using Company’s services, you (either as an individual or an entity) agree to be bound by these Terms of Service.  If you do not agree to these Terms of Service, you may cancel your account.

COMPANY RESPONSIBILITIES

Company agrees to provide services in a safe and ethical manner in accordance with applicable laws and standards of professional service for the type described. Company further agrees to perform additional or future services on behalf of Customer, as may be described in additional proposals and scopes of work, in a similar professional and safe manner.

CUSTOMER RESPONSIBILITIES

Customer agrees to remit payment electronically to Company upon submittal of an invoice by Company. Such invoice shall be provided via Email to an address provided by Customer. Such payments will be made until such time this Agreement is terminated. Should customer fail to satisfy an undisputed invoice within ten (10) days of the due date, Company reserves the right to suspend or terminate Services.  All undisputed sums due and payable beyond thirty (30) days are subject to a reinstatement fee of $350.

ACCESS TO DATA

Unless your account is terminated due to nonpayment, Customer may request access to and download any information provided to Company, inputted or uploaded to the Service by you or on your behalf for 30 days after the effective date of expiration or termination of service agreement. Company may charge for retrieving and providing data. After such 30-day period or if your account is terminated due to your nonpayment, Company shall have no obligation to maintain any Data and shall thereafter, unless legally prohibited, delete all of your Data in Company’s systems or otherwise in its possession or under its control.

FEES

1) New Projects: All projects require a deposit before any work begins. We are excited to work with you on new projects but no work will begin until your payment is received as outlined below. All payments must be made electronically via credit card, EFT or PayPal unless alternate payment options are requested.

  • If the total estimated cost is over $250 but less than $2000, a 50% deposit is due before any work begins.  The final 50% payment is due upon project completion and before delivery.
  • If the total estimated cost is over $2000, a 50% deposit is due before any work begins.  A 30% payment is required at the upon design completion and at the beginning of build/development.  The final 20% payment is due upon project completion and before delivery.
  • If you are purchasing one of our prebuilt solutions (e.g. GovPoint, BizPoint, etc.), the total payment is due within 21 days of signing the contract.

2) Recurring Services: All monthly services and technical support must be paid in full by the 1st of the month or the date indicated on your invoice. Customers are required to sign up for automatic payments. If you choose not to sign up for automatic payments, you may pay for services in full for 12 months. If your payment is declined and an invoice is past due, all services are automatically suspended on the 5th of the month. That means your website will automatically be suspended, marketing suspended and technical support tickets will automatically be put on hold. Activation and suspension are automated processes. All invoices must be paid in full before services will be restored. If payment is made by credit card or PayPal, services are automatically restored within 10 minutes. If payment is made by check or cash, services are automatically restored within 10 minutes of receipt and processing. Customers may arrange for support through a monthly maintenance plan or may purchase technical support in pre-paid blocks.

If Customer pays for monthly marketing by the 5th of the month and Company fails to deliver monthly marketing deliverables by the 25th of the month, Customer will receive credit on the next month’s bill for services not delivered.  However, if Customer fails to provide the requested information for monthly marketing within 5 days of the request or fails to approve any monthly marketing deliverables within 2 business days, no credit will be issued.

3) Past due balances: All outstanding account balances must be paid in full before any services are rendered. Any discrepancies regarding your outstanding balance must be resolved and your account must be made current prior to additional services being provided. Recurring services are automatically suspended on the 5th of the month if not paid.

INSTITUTIONAL CUSTOMERS

If you are part of a large organization where payments are ultimately processed by someone else or another division or agency, it is your responsibility to ensure that invoices received are submitted for payment in a timely fashion and that you adhere to all procurement rules for your organization. Services will be automatically suspended if payments are not received by the due date indicated on the invoice. Company is not responsible for following up with your accounts payable department.

SUPPORTED SYSTEMS

For website design and development, we will support the current version and previous two versions of the four leading web browsers (Safari, Chrome, Firefox, and Edge/Internet Explorer).
For mobile app design and development: the minimum supported operating systems will be iOS 10 and Android 5.

We will not support operating systems or devices that are no longer supported by their manufacturer.

TERMINATION

This Agreement automatically terminates at the end of the original time period, unless and until Customer elects to extend this agreement.  This Agreement may also be terminated by:
a)    mutual agreement of both parties submitted in writing;
b)    non-performance on the part of the Company; and
c)    non-payment of any invoice by the Customer.

Customers may elect to extend this agreement by sending a written notice via email or US Mail or by continuing to pay invoices each month.

Customers not on contracts for a defined period may elect to terminate this agreement by providing thirty days written notice. Notice of cancellation shall be provided by email or US Mail. Notice by text message, phone call, voicemail, or carrier pigeon does not constitute written notice. The thirty day cancellation period shall begin at the end of the current payment cycle.

MARKETING

Customer agrees that Company may include Customer’s name in appropriate marketing materials to publicize the positive nature of the relationship, benefitting both parties.

USAGE STATISTICS

Company makes no guarantee of any level of traffic at any given time. Company shall not be held liable for any claims as they relate to published or unpublished usage statistics.

ASSIGNMENT

Customer may not assign this agreement, in whole or in part, without Company’s written consent. Any attempt to assign this Agreement without such consent will be null and void.

MUTUAL NON-DISCLOSURE

While this Contract is active and in force and continuing after its expiration or termination, Company and Customer agree not to intentionally disclose Customer’s customer/client lists, trade secrets, or any other confidential material or information. Both parties agree to take reasonable and customary security measures to prevent accidental disclosure.

NON-EXCLUSIVITY

Company may provide any service to any person or entity and develop for itself or for others, any materials or processes including those that may be similar to those produced as a result of the services, provided that Company complies with its obligations of confidentiality set forth hereunder.

FORCE MAJEURE

Neither Party shall be responsible for any delay or failure to perform its obligations under this Agreement where such delay or failure is due to an Act of God, Act of Public Authority, or to any other cause beyond its control.

WARRANTY

Company makes no warranty, express, implied or statutory, with respect to the services provided hereunder, including without limitation any implied warranty of reliability, usefulness, merchantability for a particular purpose, noninfringement, or those arising from the course of performance, dealing, usage or trade. By signing this Contract or continuing to use our services, Customer acknowledges that Company neither owns nor governs the actions of any search engine. Customer further acknowledges that due to fluctuations in the relative competitiveness of some search terms, recurring changes in the search engine algorithms and other competitive factors, it is impossible to guarantee specific rankings or consistent top ten rankings, or any other specific rankings for any particular search term. Except for customers on our Enterprise plans, monthly hosting fees does not include a warranty that your website will continue to perform uninterrupted. Security updates and services from third-party services may affect the performance of your site and may incur additional charges.

GOVERNING LAW

This Agreement shall be governed and interpreted solely according to the laws of the Virgin Islands of the United States.  The parties herein waive trial by jury and agree to submit to the jurisdiction of the courts of the Virgin Islands of the United States, in the District of St. Croix.

INVALIDITY

Should any term or portion of this Agreement be found to be invalid or unenforceable, the remainder shall continue to be valid and enforceable.