Terms and Conditions of Services
1) User’s Acknowledgment and Acceptance of Terms: Nicole Elmore, LLC (“Us” or “We”) provides various marketing and business services listed on the website to you (“the client”, “the customer”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Services”), as well as any other written agreement between us and you. Agreement to a project, acceptance of a proposal or proceeding with payment to commence any work constitutes agreement by the Customer to the full terms and conditions of service.
2) I understand that Nicole Elmore, LLC may terminate this agreement at any time for any reason. Any fees paid in full for services that have not been fulfilled when this agreement is terminated by the Seller shall be refunded in form of a check.
No refunds are given for any services paid, for any reason and without exceptions in cases where a buyer decides to cancel the service for any reason. No refunds are provided unless services are cancelled by the Seller (Nicole Elmore, LLC).
Failure by the client (“you”) to adhere to the terms of this agreement may result in termination of this agreement.
3) Nicole Elmore, LLC retains the right to display any graphics and other Web content elements, including the client’s logo, as examples of their work in their portfolio and as online and in print materials. Nicole Elmore, LLC also retains the right to place a text link on the bottom of every webpage designed, at their sole discretion.
4) Payment Terms: The total amount of the service quote or invoice shall be payable in full by Customer according to the payment due date stated on the Invoice.All payments are to be made in full and in advance before commencement of any work. For payments made by Paypal , wire transfer or a debit/credit card, a processing fee equal to the processing fee charged by the payment processing company will be added to the total due on the invoice and must be paid by the Customer. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements. If a service is paid for but Seller is not able to fulfill service due to the failure of Buyer to provide necessary information or access to complete the service (within 45 days of payment), all rights to the completion of the service are forfeited and no refund shall be granted.
Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved and expressly included in the project agreement, may be charged to the Customer.
Nicole Elmore, LLC expressly reserves the right to run promotional specials without undertaking any obligation to refund any service payment for prior projects or otherwise not eligible for such promotion.
5) Customer Property: All customer data (including but not limited to text, graphics, photos, designs, trademarks, other artwork), and any other intellectual property (“Customer Property”) supplied to Nicole Elmore, LLC for use in or with the Design or Development services provided under these terms shall be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage.
All customer copy and artwork submitted must be either owned by you or you must have the right to use it. All such Customer Property shall remain your property and will not be copied or otherwise used in any manner by Nicole Elmore, LLC or any Nicole Elmore, LLC subcontractor or outsourced partner for any purpose not in furtherance of Nicole Elmore, LLC obligations under the terms of this Agreement. You agree to fully indemnify and hold Nicole Elmore, LLC and any Nicole Elmore, LLC subcontractor or outsourced partners harmless of and from any claim against them or their officers shareholders, agents or affiliates arising out of any claim of right title or interest in or to any Customer Property or arising out of the alleged use or misuse of any such Customer Property.
The Customer shall not submit for use by Nicole Elmore, LLC anything whose use would constitute an unauthorized dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorized dealing, the Customer shall remain liable to pay all sums due to Nicole Elmore, LLC under the relevant contract and shall further indemnify Nicole Elmore, LLC against any loss, costs or expenses attributable to such unauthorized dealing.
6) Project Completion: If your project includes any web design, graphic design, writing services or any similar work, the following conditions apply:
- You have 72 hours to review the work and request revisions
- Revisions must be submitted via this revision request form up to the specified number of revisions allowed within the project description
- If within 72 hours no revisions are requested, the project will be considered complete and any revision, addition, or change requests thereafter will be considered new billable work
Error Identification Upon identification of any programming error, the customer shall notify Nicole Elmore, LLC of such error and shall provide with a detailed problem report and enough information to reproduce the error. Nicole Elmore, LLC shall use its reasonable efforts to respond to problem reports. A bug report sheet will be provided and must be fully completed. Critical errors will need to be marked “Critical Error”. Not providing necessary information to reproduce the error within 30 days of completion of the project, shall constitute a material breach of this Agreement by Customer and shall relieve Nicole Elmore, LLC of any further obligations to correct the error.
Nicole Elmore, LLC shall not be responsible for correcting any errors not attributable to Nicole Elmore, LLC. Errors attributable to Nicole Elmore, LLC shall be those that are reproducible by Nicole Elmore, LLC on unmodified software.
The risk of damage to or destruction of any item delivered by Nicole Elmore, LLC to the Customer shall pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer shall ensure that such item is adequately insured from time of delivery.
7) Non-Disclosure Compliance: Any and all business plans, consultations, proposals, and other such strategic written work is considered confidential information and is governed by the following terms that all Customers must adhere to: The Recipient agrees (i) not to disclose any Confidential Information or any information derived therefrom to any third person, (ii) to keep the Company’s Confidential Information confidential and take all the reasonable precautions to protect the confidentiality of such Confidential Information with the same degree of care with which it protects the confidentiality of its own confidential information, but in no event with less than a reasonable degree of care, and (iii) not to use any Confidential Information for any purpose whatsoever except to advance the legitimate business interests of the Company.
8) Nicole Elmore, LLC may utilize the services of subcontractors or otherwise outsource the work to fulfill any or all of its work and/or obligations under this Agreement. Nicole Elmore, LLC my assign any or all of its rights and obligations to any third party without advance notice to you. In such event such third party shall be obligated to fulfill all terms set forth herein to the same extent as if this Agreement had not been assigned.
9) Web Design Work: Browser Compatibility – Designing a website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Nicole Elmore, LLC represents and warrants that the website we design for you will work in:
- Microsoft Internet Explorer versions 7 and up (PC Platform)
- Firefox (Mac & PC Platforms)
While Nicole Elmore, LLC will make reasonable efforts to design a fully functional website compatible with the browsers set forth above, we cannot guarantee fully functional operations within any other Browser, any text-based, mobile or App based browsers.
Development of CMS (Content Management Systems) do not include free upgrades or updates to that software. Development will be completed with the current stable release of that software at the time of development of the client’s site.
10) Electronic Commerce Laws: The Customer agrees that the Custoemr is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Nicole Elmore, LLC and any partners and subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
11) Disclaimer of Warranties: Nicole Elmore, LLC does not offer any guarantee, express or implied, that any or all of the advice, guidance or suggestions made by Nicole Elmore, LLC will lead to a specific outcome. You can use any shared advice, guidance, suggestions, and information shared by Nicole Elmore, LLC at your own discretion, agreeing hereby that any consequences, positive or negative, resulted from the use of the above stated actions are your sole responsibility and Nicole Elmore, LLC will not be held liable. All sales and services are final upon payment, and no refunds shall be made for any reason, unless granted by Nicole Elmore, LLC at company’s own discretion.
Financial growth is based on a range of factors that Nicole Elmore, LLC may not have any control over, including but not limited to your work ethic, your background, your limitations of skills, time requirements, or capital. Therefore, Nicole Elmore, LLC does not guarantee or imply that you will become wealthy or increase your income through our services, consultations, and recommendations. Any decisions you make and any recommendations you act upon are fully upon your own risk and responsibility and Nicole Elmore, LLC shall not be liable for any losses or other consequences incurred due to your decisions. Nicole Elmore, LLC makes no warranty regarding any transactions or services executed and you understand and agree that such transactions are conducted entirely at your own risk.
You expressly release and discharge Nicole Elmore, LLC from any liability or responsibility for any successes or losses relating to any material presented or services rendered by Nicole Elmore, LLC.
Furthermore, for any web design or re-design work of any kind, you are responsible for backing up all of your data and your entire website for potential recovery. Data loss can occur during any web development due to technical dysfunctions and many other reasons. We are not responsible for backing up any of your data nor are we responsible for loss of any data. Any Design or Development services provided under these terms shall be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage.
Any SEO work or any other marketing work is performed without guaranteeing any specific results, rankings, etc. Results may be based on a range of factors that Nicole Elmore, LLC may not have any control over, including but not limited to your own involvement and /or work, any work performed by other third parties you may hire, or external factors such as Google algorithm changes, competitor’s work, and any other changes that may have an influence on those results.
Notwithstanding anything to the contrary contained in these terms, neither Nicole Elmore, LLC nor any of its partners, subcontractors or agents, warrant that the functions contained in any project, web design, or other work produced under these terms will be or remain uninterrupted or error-free. The entire risk as to the quality and performance of any Website or Marketing Campaign is with the Client. In no event will Nicole Elmore, LLC be liable to the Client or any third party for any damages, loss of services including, but not limited to, hosting service providers, domain names, domain name registrant services, ecommerce features including but not limited to: SSL certificate(s), Paypal™, payment gateway(s), merchant account(s), service interruptions caused by Acts of God, the Hosting Service, hacking, hack attacks or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate any Website, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, you or your site visitor’s computer or internet software, even if Nicole Elmore, LLC has been advised of the possibility of such damages.
If 3rd parties are sub contracted or work is outsourced to any third parties by Nicole Elmore, LLC and are to use this artwork to complete their requested task, then all artwork remains the property of the Nicole Elmore, LLC customer and may not be copied or used in any manner by the third party for their own works outside of that customer’s project. However, if any such actions will happen, the Customer shall hold Nicole Elmore, LLC harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from the misuse of such property by a third party.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Disclaimer of Warranty/Limitation of Liability: Nicole Elmore, LLC undertakes no responsibility for the quality of the services or that the service will be fit for any particular purpose for which Client may be buying the services, except as otherwise provided in this Agreement, and Nicole Elmore, LLC disclaims all other warranties and conditions, express or implied.
ALL MATERIALS AND SERVICES PROVIDED ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, I MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM NICOLE ELMORE, LLC WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
IN NO EVENT SHALL NICOLE ELMORE, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ANY OF OUR SERVICES, INCLUDING CONSULTATION AND RECOMMENDATIONS MADE BY NICOLE ELMORE, LLC.
12) Indemnification: Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of our services and/or recommendations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13) Refusal of Service: Nicole Elmore, LLC reserves the right to refuse any project or assignment for any reason.
14) Communication: All customer communication will be conducted via e-Mail. All e-Mails by paying clients will be attempted to be answered within 3 business days, however no guarantees can be made. Delays can occur if a Customer’s e-Mail arrives in a spam/junk folder. Please whitelist our domain’s e-Mail address to ensure e-Mail delivery into your inbox. Nicole Elmore, LLC is not responsible for any e-Mails that are not delivered due to technical issues of any sort, or delivery into a Customer’s spam/junk folder. The customer is responsible to check their spam/junk folder for an e-Mail response from Nicole Elmore, LLC to comply with any information requests and obligations, as well as when an e-Mail response is expected by either party.
If a Customer does not receive an e-Mail response within 3 business days, it is the responsibility of the Customer to follow up with Nicole Elmore, LLC by sending a follow-up e-Mail or trying another method of contact.
No phone calls or meetings are included as part of the services fee. Any phone calls can be requested for an hourly fee, are limited in availability and are not guaranteed to be available when requested.