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Terms & Policies

Payment Terms

Our fees are 50% Deposit Payment, 25% Payment Due at Delivery of the Beta / Test Site, and 25% Upon Completion / Launch.

Late Fees

Invoices are due on receipt and will incur a $15.00 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each week of delinquency. We reserve the right to remove webpages from viewing on the Internet until payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process.

Hosting Expiration / Reactivation

If your hosting account goes into suspension due to non-payment, there is a $25 reactivation fee (in addition to your late payment fees) to reinstate the account. Once your reactivation fee has been paid, please allow 1 business day to reactivate your hosting account.

Maintenance Fees

We will support your website before, during, and after we design your website. Our fee to create the site does not include maintenance costs. Maintenance costs are billed at our hourly rate of $50, billable in 30 minute increments. You are only billed when you request updates to the site. Changes may be requested via email to info@emerge-solutions.com.

Cancellation

In the event that work is postponed or cancelled at the request of the client, eMerge Solutions shall have the right to retain the original deposit. In the event this amount is not sufficient to cover the time already invested in the project, additional payment will be due.

Warranties

eMerge Solutions does not warrant that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with Client. In no event will eMerge Solutions be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights, Trademarks, Limited Liability, and Indemnification

The Client represents to eMerge Solutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to eMerge Solutions for inclusion in Web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend eMerge Solutions and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. Copyright to the finished assembled work of webpages produced by eMerge Solutions is owned by eMerge Solutions until final payment is received.  Upon receipt of final payment, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website.  Rights to photos, graphics, source code, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. 

Under no circumstances, including negligence, shall eMerge Solutions, its offices, agents or anyone else involved in creating, producing or distributing its services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use eMerge Solutions’ services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to eMerge Solutions’ records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on eMerge Solutions’ services.  eMerge Solutions holds no guarantee that Client’s website, and products or services offered on their site, will be profitable or successful.  eMerge Solutions cannot be held responsible for third party applications Client’s website may integrate with, which includes shopping carts, message boards, databases, etc. 

Client agrees that it shall defend, indemnify, save and hold eMerge Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, ("Liabilities") asserted against eMerge Solutions, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employee or assigns. Client agrees to defend, indemnify and hold harmless eMerge Solutions against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with eMerge Solutions’ service, any material supplied by Client infringing on the proprietary rights of a third party, copyright infringement, and any defective product which Client has sold in the Web Design.

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