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Terms of Service
Customers (Hereafter referred to as Client) entered into contracts
with Tri-County Technical Services, Inc. (Hereafter referred to
as Company) are subject to the terms and conditions as outlined
on our website.
By providing a deposit payment for services & products, you
agree to the following terms of service.
Tri-County Technical Services, Inc..
www.tctsinc.com - (954) 944-2777
1. PRIVACY POLICY
We will never share your information with third parties unless required
to do so by law or requested by you. The information we collect
from you will be used to maintain your services with us. Public
information such as your website may be used to represent the quality
of our work to others, such as in our online portfolio. Please refer
to our Privacy Policy here.
2. OWNERSHIP OF WEBSITE DESIGN
Upon completion of a custom website design and payment of web design
and development fees, the client is the owner of the commissioned
website. The client may continue to use the commissioned website
to promote the client’s company or organization regardless
of whether he/she chooses to continue further services with the
Company. The client does not have the right to resell the design
or development to other companies. The client does have the right
to add pages onto the existing site or have another company add
pages onto the existing site using the commissioned website design/development.
The Client does not own rights to any in house or 3rd party software
used in creation of your website.
3. OWNERSHIP OF WEBSITE DOMAIN NAME
Website domain names are leased from domain name registration companies.
When the Company registers a domain name for the client, that registration
will be made in the client’s name. Upon payment of any outstanding
fees, the client has the right to use that domain name regardless
of whether he/she chooses to continue further services with the
Company. Domain name renewal and renewal fees are the responsibility
of the client. If the client chooses to have the Company renew the
domain name on behalf of the client, an additional service fee will
apply. Clients are advised to closely monitor the renewal date of
a registered domain name and to verify that the renewal of said
domain name has
been completed. The Company cannot be responsible for expired domain
names.
4. OWNERSHIP AND COPYRIGHT
All text and photos used as content in a commissioned website must
be provided by the client. The client must have ownership or written
permission to use all content he/she provides for use. It is up
to each client to ensure his/her design and/or content does not
infringe on any trademark, service mark, or copyright. The Company
cannot be responsible for intellectual property infringements on
behalf of clients. If the Company is comissioned to provide images,
images used will be acquired from royalty-free image websites.
5. PROJECT INITIATION
The initiation of a web design or development project requires a
signed or electronically submitted signup form, payment of half
of the initial web design/development fees for custom website design
or the entire setup fee for smaller items like blogs and smaller
website projects. All remaining fees owed are to be paid in full
prior to making the files live and available.
6. PROJECT TIMLINESS INCENTIVES AND PENALTIES
The Company cannot complete a website if the client does not provide
content (the text and/or photos to be used in the website) or other
required elements (pre-existing logo or account login information,
etc.). If the Company is waiting for content or other pieces of
information, the client will be notified. If the client fails to
handle the requests in a timely manner, the website may be delayed.
(Professional writing and photography services are available for
a surcharge if the client needs assistance with content development.)
In order to keep projects on track, the Company reserves the right
to add penalties if the client has not submitted all content and
other required elements within 30 days of project initiation, client
may be billed $100 per month for every month the project is delayed.
If the client-driven delays continue, the Company will complete
as much of the project as possible without the missing elements.
In order to keep all accounts current, the Company may bill for
the completed project and add missing elements later as they are
received. If more than 60 days from the project initiation has passed,
and the client still has not submitted the remaining missing content,
the Company reserves the right to consider the project complete
in its entirety and bill for all future work.
7. HOW CONTENT MAY BE SUBMITTED
All content must be submitted electronically via email (contact
us for the correct email address) or on CD-ROM. Text must be selectable
as actual text rather than as flattened images. Both text and photos/graphics
must be clearly labeled with the name of the page on which it will
be displayed. Content may not be submitted via fax or paper copies.
Exceptions to this policy must be approved in advance and will incur
a surcharge. The Company requires that you provide all your
website's page text in a single Microsoft Word document and create
a page sub titles before the content of each page. Then the Company
requires that you rename your pictures to match the name of the
page that it is to be featured on. If you have more than 1 image
per page, you can add a -1, -2, to the picture name.
8. HOW MUCH CONTENT MAY BE SUBMITTED PER PAGE
Due to web page load time considerations and the flat rate charged
for web pages, there is a limit on what can be included in a single
web page. A web page can hold the equivalent of about 2 and ½
pages of the content that would typically fit on an 8 ½”
x 11” piece of paper. If the content is straight text without
any pictures, tables, graphs, etc., this equates to a maximum of
2000 words. If there are pictures, or tables, etc., then less text
will fit. Additionally, a web page may include up to a maximum of
six photos on a page. A photo gallery page with limited text may
contain up to ten photos. If a client’s content does not fit
within these parameters, one or more additional web pages should
be purchased.
9. HOW REVISIONS TO A WEBSITE DESIGN ARE HANDLED
The Company takes pride in providing attractive designs, and the
vast majority of our clients are extremely pleased with the design
we create for them. However, design is a subjective art, and not
everyone’s tastes are the same. While we will gladly make
initial minor modifications for no additional charge, it is important
to be clear on how revisions to the look of a website design are
handled. If the client develops preferences or changes his/her mind
after the completion of the work, adjustments will be made by the
hour at $75.00 per hour.
10. DESIGNS FOR SUB PAGES
Unless otherwise specified in the design contract, sub pages of
any website will use the same design as the home page. Mockups are
not provided for sub pages. Formatting requests for sub pages will
be considered but will not be guaranteed. If the client requires
specific looks or formatting for sub pages, this request should
be made at the time of the initial contract and may incur additional
fees.
11. HOW WEBSITE MAINTENANCE REQUESTS ARE HANDLED
If you need any changes or revisions on your website, we require
that you submit your requests in writing via email. We will provide
you with a time and cost estimation prior to starting the work.
All changes will be billed at $75 per hour with a 1 hour minimum.
If your requests are under $500, we will require payment in full
prior to making your changes.
12. HOW TECHNICAL SUPPORT IS HANDLED
Clients whose websites are hosted by our referral partner Godaddy,
have access to emergency technical support 24 hours a day. In the
event of a website hosting outage, clients should call Godaddy direct.
Please note, technical support cannot be provided for clients’
individual computer issues or for third party products or services.
If your technical issue is related to your website, please notify
us in writing via email and your request will be responded to within
24-48 hours during regular business days.
13. PAYMENT POLICIES
For website development, one-half of the initial website design
and development fees are due upon project initiation. Upon project
completion, the remaining balance is due in full within five business
days. Once the remaining balance is paid in full, the completed
website will be moved from the staging server to the client’s
server so the website will go live. At that time, the Company will
also register the client’s website with Google, Yahoo, and
Bing search engines. The Company charges a late fee of 15% of the
total outstanding balance for invoices not paid by the end of the
calendar month (net 25). Accounts at net 60 are at risk of termination.
Clients experiencing financial hardship should contact the Company
to discuss payment options.
Payment in full is required for 3rd party services and in house
products such as GEO-SEO, KEYO-SEO and monthly marketing programs.
14. SEARCH ENGINE GUARANTEE
Most every client would like his/her website to rank high in search
engine results for selected keywords, yet search engine results
are determined by a multitude of constantly changing factors, third
party search engines, and the amount and quality of competition
on the world wide web. The Company guarantees certain search-engine
friendly techniques will be used in the creating of each custom
website, such as keywords in the title bar at the top of the browser,
the meta tags in the hidden coding behind the scenes, and alternate
text behind some images. If the keyword placement in these three
areas is not to the client’s liking, the Company will change
these three items to the client’s choices one time for fee.
Subsequent or additional changes will be billed at the standard
hourly rate. Additional search engine optimization (SEO) services
are available for additional fees. The Company cannot be held responsible
for search engine results.
15. QUALITY GUARANTEE
We take pride in offering high quality services and professional
customer service. While we make an effort to ensure every aspect
of our service is to the client’s liking, we cannot control
every variable. It is up to each client to regularly test the functionality
of his/her website, email, and any other product or service to ensure
everything works as desired. If any problem is discovered or error
has been made, please report the problem to us immediately so we
may take appropriate action. We cannot be responsible for perceived
loss of revenue under any circumstances. Content changes resulting
from a client’s error and/or problems related to third party
vendors or technology, such as hosting servers or browser software
may result in additional charges.
16. TERMINATION OF SERVICES
If the client changes his/her mind about doing work with the Company
during the course of the initial web design or development phase,
the client will be responsible for the amount of work already completed.
Depending on the amount of work completed at the time of cancellation,
this may mean receiving a full refund, a partial refund, no refund,
or owing additional fees. In order to protect clients from unintentional
service interruption, clients wishing to terminate any services
must request the service termination in writing. If a client wishes
to cancel one of our monthly marketing plans such as GEO-SEO or
KEYO-SEO, they must provide a cancellation notice in writing via
email 60 days prior to cancellation.
17. THIRD PARTY VENDORS
Third party vendors may have separate terms of service agreements.
The Company cannot be held liable for disputes with third party
vendors. The Company cannot be held responsible for lack of functionality
or any other aspect of third party services.
18. REFUSAL OF SERVICE
The Company reserves the right to decline to do business with any
client for any reason.
19. CHANGES TO TERMS OF SERVICE
The Company reserves the right to change these terms of service
at any time for any reason.
20. 3RD PARTY SOFTWARE
Licensing of our SEO software, such as GEO-SEO Software or KEYO-SEO
Software, does not give any rights to ownership of the software.
By licensing our software product, you agree not to emulate or duplicate
any of the methods used in our software.
21. LIABILITY
By ordering our products and services you agree not to hold the
Company or any principles, employees or subcontractors liable for
any website malfunctions, damages or loss of revenue. We aim to
make sure our clients are completely satisfied with our products
and services, however by ordering products and services from the
Company you agree to our no-refund / no-return policy.
22. Opt Out
If you wish to opt out of any email contact, please email info@tctsinc.com
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GEO-SEO & KEYO-SEO Software Terms of Use
1. Acknowledgements: Subject in each case to the terms listed in
this Agreement, you hereby acknowledge and agree that the GEO-SEO
and KEYO-SEO (Hereafter referred to as The Software) may only be
used for lawful purposes. The Software is provided subject to the
terms and conditions of this license, as they may be amended by
the Company, and any guidelines, rules or operating policies that
the Company may establish from time to time (collectively, the "license").
The Company may modify the terms of the license and may discontinue
or revise any or all other aspects of the Software in its sole discretion.
Except as otherwise provided in the license, all such changes shall
become effective upon the Company providing notification of the
revised license to the Client. The license is available only to
persons who can form legally binding contracts under applicable
law. Client hereby waives any claim for damages from any problems
that may arise from installation of the Software, including without
limitation any disruption or damage caused by Company or its personnel.
2. Right to Disable Access: The Company, at its own discretion,
may immediately disable Client’s access to the Software without
refund if the Company believes in its sole discretion that Client
has violated any of the policies listed above or elsewhere in this
license.
3. No Rights in Software: This license does not mean you own any
part of the Software; this is only a license agreement for use on
one website designated by Client. Client and its staff, affiliate,
sub contractors and others parties under the control of Client will
not, directly or indirectly: reverse engineer, decompile, disassemble,
or otherwise attempt to discover the source code, object code, or
underlying structure, ideas, or algorithms of, or found at or through
the Software, documentation, or data related to the Software; remove
any proprietary notices or labels from the Software, modify, translate,
or create derivative works based on the Software; or copy, distribute,
pledge, assign, or otherwise transfer or encumber rights to the
Software.
Unless you are an authorized reseller of the Company, you may not
display, copy, reproduce, or distribute the Software, any component
thereof, any documentation provided in connection with the Software,
or any content, including but not limited to newsletters, distributed
to you by the Company in connection with the Software. Violation
of these restrictions may result in the termination of this license.
4. Client Information: In using the varied features of the Software,
Client may provide information about employees of the Client, owners
of the Client and/or contractors under the employ of the Client
(e.g., name, contact information, or other registration information)
to the Company. The Company may use this information and any technical
information about Client’s use of the Software to tailor Client’s
presentations to Client. The Company will not provide Client’s
contact information to third parties that Client has not authorized
for that purpose, unless required by law.
5. Indemnification: Client hereby agrees to defend, indemnify and
hold harmless the Company, business partners, third-party suppliers
and providers, licensors, officers, directors, employees, distributors
and agents against any damages, losses, liabilities, settlements,
and expenses (including without limitation costs and reasonable
attorneys' fees) in connection with any claim or action that (i)
arises from any alleged breach of this license, (ii) arises from
the content or effects of any messages you distribute using the
Software or (iii) otherwise arises from or relates to Client’s
use of the Software. In addition, Client acknowledges and agrees
that the Company has the right to seek damages when you use the
Software for unlawful purposes, in an unlawful manner, and/or in
a manner inconsistent with the terms of this license, and that such
damages may include, without limitation, direct, indirect, special,
incidental, cover, reliance and/or consequential damages.
6. Warranty Disclaimer; Remedies: USE OF THE SOFTWARE AND ANY RELIANCE
BY CLIENT UPON THE SOFTWARE, INCLUDING ANY ACTION TAKEN BY CLIENT
BECAUSE OF SUCH USE OR RELIANCE, IS AT CLIENT’S SOLE RISK.
THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY OUTSIDE THOSE EXPRESSLY
SPECIFIED IN THIS AGREEMENT AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS"
AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
7. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL THE COMPANY OR ANY OF ITS UNDERLYING
SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT
PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS
OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION
AS "THE COMPANY") BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE
FOREGOING, THE COMPANY IS FOUND LIABLE TO CLIENT FOR DAMAGES FROM
ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), SOFTWARE LIABILITY OR
OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY TO CLIENT
ARISING IN CONNECTION WITH THIS LICENSE SHALL BE LIMITED TO THE
AMOUNT CLIENT PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR
TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY
PAID BY THE COMPANY TO CLIENT IN THAT TWELVE (12) MONTH PERIOD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT
APPLY TO CLIENT.
8. Intellectual Property Information: GEO-SEO Software and KEYO-SEO
Software is Copyright 2005-2011 owned by the Company. All rights
are reserved. The Software is protected from unauthorized copying
and dissemination by United States copyright law, trademark law,
international conventions and other intellectual property laws.
By way of example only, and not as a limitation, "GEO-SEO Software
& KEYO-SEO Software" and the Software logos are trademarks
of the Company, under the applicable laws of the United States and/or
other countries. Client agrees that Client’s staff, affiliates,
employees and other parties under its control will not copy any
code or methods of the Software. Client agrees that it will not
sublicense, sell, or otherwise distribute any intellectual property
owned by the Company.
9. Miscellaneous: If any provision of the license is found to be
unenforceable or invalid, that provision will be limited or eliminated
to the minimum extent necessary so that this license will otherwise
remain in full force and effect and enforceable.
The Company and Client agree that this license is the complete
and exclusive statement of the mutual understanding of the parties
and supersedes and cancels all previous written and oral agreements,
communications, and other understandings relating to the subject
matter of this license, and that all waivers and modifications must
be in a writing signed by both parties, except as otherwise provided
herein. No delay or omission by either party in exercising any right
or remedy under this licensor existing at law or equity shall be
considered a waiver of such right or remedy. No agency, partnership,
joint venture, or employment is created as a result of the license,
and Client does not have any authority of any kind to bind the Company
in any respect whatsoever.
In any action or proceeding to enforce rights under the license,
the prevailing party will be entitled to recover its costs and attorneys'
fees. The license shall be governed by the laws of the state of
Florida, USA without regard to its choice or law or conflict of
laws provisions. All legal actions in connection with the license
shall be brought in the state or federal courts located in Sarasota,
Florida.
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If you have any questions regarding our terms of service, please
contact us at info@tctsinc.com
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