This Terms of Service (the “Terms“) is made and entered into by and between Simon Villeneuve, Inc. d.b.a. Structure, an Oregon coproration (“Provider”), and to you, the undersigned person, company, agency, or other entity (“Customer”) whose representative signs this Agreement. By signing this Agreement, you are accepting to be bound to the terms of this Agreement on the date annotated on the signature page (“Effective Date”). Provider and Customer is each a “Party” and collectively are the “Parties.”
This Agreement is effective as of the date you click “Accept” or accept the Agreement and we have charged you Fees (the “Effective Date“). You represent and warrant that: (i) you have full legal authority to bind to this Agreement; (ii) you have read and understand this Agreement; (iii) you agree to this Agreement; (iv) you have obtained and will maintain any required third party consents necessary under this Agreement; and (v) you have the authority to approve a Change of Registrant. If you do not have the legal authority, please do not click to “Buy” or accept the Agreement. This Agreement governs your access to and use of the Services.
BACKGROUND
Provider provides Website Hosting Services, domain registration, and website development services. Customer desires to obtain and Provider agrees to provide such Services as specified herein in accordance with this Agreement and the Statements of Work attached and made part of this Agreement. Customer and Provider agree that the following terms and conditions shall govern Provider’s provision of such Services and Customer’s acceptance of those Services.
FEES
Provider shall invoice Change Orders and Customer shall pay in full by down payment for the following services according to the following schedule:
- Timeline change: $150.00
- Each Additional Feature: Cost of the Additional Feature plus a fee of $150.00.
- Additional development time at $150.00 per hour.
Payment is due 15 days after the date of an invoice for all services. Accounts are in default if payment is not received 20 days after the invoice date. If customer pays by check that does not clear, the customer is immediately in default and subject to a returned check charge of $35. Accounts unpaid 60 days after the date of invoice will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge. Accounts in default are subject to a late fee of $10.00 or 10%, whichever is greater. If your state law does not allow for late fees, penalties, or returned check charges applicable in this Section, then the maximum allowable rate for your state will be charged. If you default, you agree to pay Provider its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
Provider reserves the right, upon reasonable notice to the Customer, to adjust the prices included in Section 4 of this Agreement once per year. The Customer agrees that consent to such price increases does not require the consent of Customer.
ALL DOWN PAYMENTS ARE NON-REFUNDABLE UPON RECEIPT AND EXECUTION OF THIS AGREEMENT. At the sole discretion of the Provider, and upon the Customer signing a separate termination and release agreement, the Provider may provide a refund for payments received upon termination of this Agreement in accordance with Section 7.
BILLING INTERVALS
All additional development time or projects billed by Time & Materials will be billed at 30-minute intervals. This is to reduce the internal overhead of tracking time for minutes of work and helps encourage the Customer to condense their feedback and reduce an overload of small requests.
PROJECT START
All projects will be allocated internal resources by the Provider when the agreed-upon deposit has been paid. For projects $10,000 or under, the default deposit will be 50% of the total price. For projects $10,001 and above, the deposit will be the first payment.