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Terms of Service

Summary:

We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. We do want what is best for both parties, now and in the future.

So in short:

You are hiring TechBear LLC (“We or Us”) to:

  • Website changes and service, email and phone consultation, graphic design, SEO, eCommerce, email setup or backup, and any other business support as directed.

Details:

  • The plans are day to day and can be canceled at any time by either party.
  • We do not charge a full hour for work that takes less time. We bill to 1/6th of an hour.
  • TechBear charges all unbilled hours every Wednesday.
  • You will be given a portal at https://books.techbear.com/portal/techbear to see timesheets and billing in real time. Please review your hours prior to sending work.
  • Clients charged $500 or more a week will have a 7% training fee added to their weekly bill. This training time will be specifically for your account and you will see the notes and activity.

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll review our work, provide feedback and approval in a timely manner too. You also agree to stick to the payment terms.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

GETTING DOWN TO THE NITTY GRITTY

Service/agreement cancellation

Either party can cancel this agreement at any time and for any reason.

In the event that you want to cancel your service, please email [email protected] informing us of your intent to cancel.  We will then download all of the files and documents for your site and deliver them to you.  Please note, it will take a web professional to load your site onto another server.

In the event that we wish to cancel this agreement, we will contact you via the main contact email we have been provided.

Graphics and photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries.

Site changes and support

Can be reached at [email protected]. Please note your client code when emailing.

Hosting Fees

We are happy to work on your site on your hosting provider, or you can use our hosting.
We can host your site for $9 a month.
We provide free hosting for sites under construction for 30 days, then charge $9 a month.
There are no refunds for hosting charges.
You cannot cancel hosting over the phone. To cancel hosting, you must send an email to [email protected] and note this information:
1.) Subject needs to be “Cancel hosting”
2.) If you want us to send you a backup. This will be charged at our standard hourly rate.
3.)The day we can stop hosting and delete your site.

Ongoing Maintenance

All websites require ongoing maintenance and security updates.
These updates must be done to ensure your site is not compromised.
TechBear performs all basic updates regularly, and to the best of our ability, for all clients.
Although we are experts at our work, it is important to note that we do not guarantee your site will be safe from various threats.
In addition, updates can sometimes cause other aspects of your site to fail and require billable hours to fix.
If you wish to not have TechBear update your site, let us know at [email protected].

TechBear’s Money Back Guarantee

TechBear offers a no risk money back guarantee on our WordPress hourly service. We understand that our WordPress services may not be a great fit for everyone who initially signs up. In addition, on rare occasions, we may be unable to produce the results our customers are looking for. Read on to learn more about our money back guarantee policy.

Details on Money Back Guarantee

TechBear prides itself on producing positive results for our clients. Here are the details on our money back guarantee:

    • The guarantee only applies to WordPress work. It does not apply to any other services including hosting, custom programming, or graphic design work.
    • You have up to 10 days from the creation of your account on www.TechBear.com/account to contact us at [email protected] to cancel your service and receive a refund for your WordPress work.
    • This guarantee is limited to a maximum of $230.
    • Hosting, custom programming, graphic design work, URL registration, and other custom work outside WordPress is not included in the guarantee. Only WordPress work is included in this guarantee.
    • TechBear reserves the right to refuse service to anyone for any reason.

Although we are experts at our work, it is important to note that we do not guarantee a positive outcome will be achieved from our work. However, we guarantee that we will refund your money under the conditions set forth above. We pride ourselves on providing excellent customer service to our clients.

Legal stuff

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

This Agreement comprises the entire agreement between us and supersedes all prior oral and written agreements.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you.

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

Payment schedule

In the event that your payment is declined more than two times in a 12 month period, TechBear will charge a service fee of $50 for each additional declined payment.

But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we will adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Delaware courts.

Attachment B

TechBear’s capabilities include but are not limited to:

Websites

Updates, blogs, news, changes, backups, hosting, email set up.

Explainer Videos/ Video Presentations/ Whiteboard demos

Includes graphics, music, voice over, etc. The easiest way to explain your product or service.

Virtual Assistant

Includes internet research, data mining, spreadsheet input, etc.

IT support

Includes email setup, program installation, malware removal, firewall maintenance, virus protection maintenance, etc.

G Suite/ Outlook/ Zoho

Includes setup, customization, digital letterhead, mobile phone set up, etc.

Graphic Design

Includes newsletters, business cards, letterhead, banners, flyers, etc.

Logos

Includes creation, format change, updating, holiday changes, special events, etc.

SEO

On-page, off-page, link building, audits, changes, alt tags, keyword research, competitor, research, long tail keyword research.

Front-end website

Includes website design, blog additions, changes to pictures, additions to site, etc.

Back-end website

Includes the following: Database work, PHP, MySQL, SQL and JAVA, ASP (Active Server Pages).

Newsletters

Includes website integration, setup, graphic design, mailing, dedicated IP, website landing pages and tracking, database maintenance, email bounce tracking and removal, etc.

Social media

Includes account set up, content creation, posting, etc.

Digital Marketing

Includes account set up, monitoring, Facebook Ads, Google AdWords, reports, keyword research, etc.

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