Terms and Conditions
By entering into an agreement with Hub City Mobile, LLC, you agree to the following terms and conditions:
Hub City Mobile, LLC
16821 Fairview Rd
Hagerstown, MD 21740
The Client – The entity for whom Hub City Mobile creates the Website and/or ePublication.
Website – A collection of web pages and associated code which forms an integrated presence.
ePublication – A digital file and associated code which forms an integrated digital publication.
Web Server – A machine that allows the Website and/or ePublication to be accessible via the Internet.
The Work – The creation of the web and/or ePublication by Hub City Mobile for the Client.
2.1 Maintenance and Correction of Errors
Hub City Mobile takes no responsibility for the functionality or maintenance (unless a maintenance contract is in place) of the Website and/or ePublication after the Website and/or ePublication has been delivered to the Client. Errors (both technical and typographical) attributable to Hub City Mobile will be corrected free of charge, but Hub City Mobile reserves the right to charge a reasonable fee for correction of errors for which Hub City Mobile is not responsible, including, but not limited to malicious modification of the Website and/or ePublication by a third party and typographical errors contained in materials provided to Hub City Mobile by the Client.
2.2 Extent of Work
The scope of the Work is limited to the creation of the Website and/or ePublication and the delivery of the files that comprise the Website and/or ePublication, via email or other digital media, to the Client. No uploading of files to the Client’s Web server or registration with search engines will be undertaken unless otherwise agreed with the Client. If uploading of files to Client’s existing Web server is required, Hub City Mobile shall not be responsible for the safety or compatibility of files already existing on the Client’s Web server. The Client shall be responsible for maintaining adequate back-up copies of all existing files.
2.3 Consequential Loss
Under no circumstances will Hub City Mobile be responsible or liable for financial or other damage caused by the failure or use or misuse of the Website and/or ePublication. The Client should ensure that data on their Web server is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure.
2.4 Force Majeure
Hub City Mobile will not be responsible for delays or system downtime caused by strikes, lockouts, riots, epidemics, war, governmental regulations, fire, communication line or hardware failure, power failures, acts of God, or other causes beyond its reasonable control.
2.5 Third Party Services
Hub City Mobile is a reseller for BlueHost.com web hosting services. Hub City Mobile does not warrant, explicit or implied, services provided by these companies. Hub City Mobile does not warrant, explicit or implied, services provided by other third-party services such as Google Analytics, or Feedburner and charges only for their implementation within a customers website.
3 Completion of Work and Payment
3.1 Completion of Work
Hub City Mobile warrants to complete the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client. Hub City Mobile will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement. Hub City Mobile will not undertake changes to the specifications of the Work which would increase the cost, without prior authorization from the Client.
3.2 Supply of Materials
The Client is to supply all materials and information required for Hub City Mobile to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client’s failure to supply such materials leads to a delay, Hub City Mobile has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client’s failure to supply materials prevents progress on the Work for more than 30 days, Hub City Mobile has the right to invoice the Client for any Work already completed.
3.3 Approval of Work
A payment totaling 50% of the amount quoted to the Client will be required, payable to Hub City Mobile, before any work is started. An an additional 30% payment is due upon design concept approval. An initial draft of the Website and/or ePublication will be provided prior to completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Hub City Mobile, in writing, of any unsatisfactory points within 7 days. Any of the Work which has not been reported in writing to Hub City Mobile as unsatisfactory within the 7 day review period will be deemed to have been approved.
On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Hub City Mobile, in writing, of any unsatisfactory points within 7 days. Any of the Work which has not be reported in writing to Hub City Mobile as unsatisfactory within the 7 day review period will be deemed to have been approved. Once approved, work cannot subsequently be rejected.
3.4 Rejected Work
If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by Hub City Mobile to remedy any points reported by the Client as unsatisfactory, and Hub City Mobile considers that the Client is unreasonable in their repeated rejection of the Work, Hub City Mobile will refund any payments made by the Client to Hub City Mobile, minus the 50% deposit and any other payments for work to-date, at the discretion of Hub City Mobile, and Hub City Mobile shall have no liability for any work performed.
The Client shall make a deposit payment for the Work to Hub City Mobile in the amount of 50% of the estimated total before any work is started. An an additional 30% payment is due upon design concept approval. The remaining 20% plus any additional balance due upon completion of the Work. Deposits are non-refundable. Hub City Mobile reserves the right to disable the publication to the web of the subject site for non-payment.
3.6 Late payments
Payment for all regular monthly invoices are due in our offices on the first of each month, REGARDLESS of when the invoice is sent to you. We allow a grace period until the 5th of each month. If payments are not received in our offices within 10 days of their due date, a late fee, calculated at rate of 1.5% per month of the outstanding balance will AUTOMATICALLY be assessed to your account. If payments are not received in our offices within 30 days of their due date your account will be AUTOMATICALLY deactivated. In the event of deactivation due to late payment, a $20 reactivation fee will be charged, in addition to any and all late fees. All past due amounts, including late fees must be paid in full, before account may be reactivated. If you choose not to reactivate your account you are still responsible for the charges incurred for any days of service you received as well as any outstanding balance on your account including any and all late fees. Hub City Mobile highly recommends that you consider automatic credit card billing to avoid late fees or deactivation.
4 Intellectual Property
4.1 Offers and Proposals
Offers and proposals made by Hub City Mobile to potential clients should be treated as trade secrets and remain the property of Hub City Mobile. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from Hub City Mobile. This includes, but is not limited to, technical features, functionality, and aspects of the design and pricing information.
4.2 Warranty by Client as to Ownership of Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Hub City Mobile for inclusion on the Website and/or ePublication. The conclusion of a contract between Hub City Mobile and the Client shall be regarded as a guarantee by the Client to Hub City Mobile that all such permissions and authorities have been obtained and that the inclusion of such material on the Website and/or ePublication would not constitute a criminal offence or civil tort. By agreeing to these terms and conditions, the Client removes the legal responsibility of Hub City Mobile and indemnifies the same from any claims or legal actions however related to the content of the Client’s site.
Once Hub City Mobile has received full payment of all outstanding invoices and the Work has been approved by the Client in accordance with 3.3, the Client is granted a license to use the Website and/or ePublication and its contents.
4.4 Trade Secrets
Any code that is not freely accessible to third parties and not in the public domain, and to which Hub City Mobile owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from Hub City Mobile. Unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to code to which Hub City Mobile owns the copyright. Hub City Mobile acknowledges the intellectual property rights of the Client. Information passed in written form to Hub City Mobile, and that the Client has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the Client.
5 Rights and Responsibilities
5.1 Right to Terminate if Content is Illegal
Hub City Mobile reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website and/or ePublication, or any material is illegal, immoral or otherwise unacceptable.
5.2 Events Beyond the Control of Hub City Mobile
Hub City Mobile will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Hub City Mobile.
5.3 Supply and Pricing of Services
Hub City Mobile reserves the right to use whoever it feels appropriate at the time for third party services, and to alter its prices as necessary without prior notice and without prejudice to existing contractual pricing agreements.
This Agreement shall be governed by the laws of the United States and the State of Maryland which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement. This Agreement is void where prohibited by law.
6.2 Survival of Contract
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
6.3 Change of Terms and Conditions
These terms & conditions may change from time to time. Clients will be informed of revisions as and when they are issued.
For more information you may contact us at (301) 331-4522 or send us an email at firstname.lastname@example.org.