TryTheBear 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 in writing 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.

In short:

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

  • Build and customize a website.
  • Any “Add-Ons” selected.

for
us - TryTheBear TOS $345 ($95 upfront, then $25.00 a month for 10 months)
uk - TryTheBear TOS £299 (£99 upfront, then £20 a month for 10 months)
ireland 2 - TryTheBear TOS €299 (€99 upfront, then €20 a month for 10 months)
south africa 2 - TryTheBear TOS R4900 (R900 upfront, then R400 a month for 10 months)
Canada - TryTheBear TOS $499 ($99 upfront, then $40.00 a month for 10 months)
payable by credit card on file after the date of this agreement.
Work specifically directed by you outside the scope of this agreement, and that we mutually agree to do, will be billed at $23 an hour.

What do both parties agree to?

You: You have the authority to agree to these Terms Of Service 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 promptly too. You also agree to stick to the payment schedule set out above.
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

Design of interface

We will load onto the hosting a maximum of 5 pages as directed by you from https://www.elegantthemes.com/layouts/.
You’ll have plenty of opportunities to review our work and provide feedback. We’ll share with you and we’ll have regular, possibly, daily contact.
If, at any stage, you change your mind about the outcome of your website and are not happy with the direction our work is taking you, you’ll pay us nothing more and at that point this contract will terminate. You own all the work up to that point. Because of this, we do not offer any refunds.
The agreement covers the initial install, and up to two changes to text, images and icons on each page.

Service/agreement cancellation

Either party can cancel this agreement at anytime 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. If we host your site, 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.

Site changes and support

You will have a dedicated Project Manager that you can reach by phone, email, or SMS.

Changes and revisions

We don’t want to limit your ability to change your mind. Therefore, our plans allow for up to 2 changes per text block, image, or icon.

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.
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. You’ll own the website we design for you plus the changes we make to 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 before, 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

We’re sure you understand how important it is as a small business that we are paid promptly. Therefore, we only take payment for sites via recurring credit card charges.

Add-ons
(please choose any that you wish by initialing the space provided.)

Choose any add-ons you want. None are required:
________Logo
— TechBear will create 2 versions of a logo for us - TryTheBear TOS $99, uk - TryTheBear TOS £85, south africa 2 - TryTheBear TOS R1500, ireland 2 - TryTheBear TOS €90, Canada - TryTheBear TOS $145
. You can choose your favorite then make up to 3 minor changes.
— Here is our portfolio of logos:
TechBear Logo Portfolio
— Note – logos are completely subjective and guidance from you is necessary. Due to the nature of logos, we cannot offer any refunds.
— High res vector versions will be delivered to you and added to your site. Suitable for printing, business cards etc.

________Additonal page
You can have more than 5 pages if you wish. For each additional page including changing all the images, icons, text up to 2 times, it would cost you us - TryTheBear TOS $50, uk - TryTheBear TOS £43, south africa 2 - TryTheBear TOS R790, ireland 2 - TryTheBear TOS €45, Canada - TryTheBear TOS $70 per page.

________None

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.

TechBear Standard Rates

TechBear’s standard rates for work. Updated 12/2019.

— IT support  Includes email setup, program installation, malware removal, firewall maintenance, virus protection maintenance, etc. — us - TryTheBear TOS $23, uk - TryTheBear TOS £19, south africa 2 - TryTheBear TOS R340, ireland 2 - TryTheBear TOS €21, Canada - TryTheBear TOS $29 per hour.
— Graphic Design   Includes business cards, letterhead, banners, flyers, etc. Inexpensive ongoing plans here: https://techbear.com/design/ — us - TryTheBear TOS $23, uk - TryTheBear TOS £19, south africa 2 - TryTheBear TOS R340, ireland 2 - TryTheBear TOS €21, Canada - TryTheBear TOS $29 per hour
— Front end website   Includes website design, blog additions, changes to pictures, additions to site, etc. — us - TryTheBear TOS $23, uk - TryTheBear TOS £19, south africa 2 - TryTheBear TOS R340, ireland 2 - TryTheBear TOS €21, Canada - TryTheBear TOS $29 per hour.
— Back end website   Includes  the following: Database work, PHP, MySQL, SQL and JAVA, ASP (Active Server Pages). — us - TryTheBear TOS $23, uk - TryTheBear TOS £19, south africa 2 - TryTheBear TOS R340, ireland 2 - TryTheBear TOS €21, Canada - TryTheBear TOS $29 per hour.

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