Terms of Service
All projects involving Ginkgo Consulting and our clients are eternally bound by these Terms of Service. Reading and understanding the following is the sole responsibility of our clients (“Customer”).
1) Fees paid to Ginkgo Consulting are nonrefundable. Your hosting company or domain registrar may have different policies on unused services. Contact any third-party for their refund policies.
2) 50% of all project fees are due in advance of the services provided. Failure to pay according to these terms may result in delays, cancellation of a project, termination or suspension without notice. The remaining 50% of project fees are due within 15 days of Customer approval (by phone, email, text, SMS, or instant message, or other method) when a project “goes live”. Failure to pay within 15 days will automatically result in late fees and charges, as determined by Ginkgo Consulting.
3) If Customer project has been approved and “gone live” as stated above, Customer is responsible for the full project cost as agreed upon at the start of your project. Changes and requests for changes made after client approval are subject to additional charges, which also carry the 15-day payment rule, and will not begin until initial project payment has been made, unless otherwise agreed upon by Ginkgo Consulting. Failure to pay or delayed payment on any project or additional work will automatically result in late fees and charges, as determined by Ginkgo Consulting. (See Payment Terms schedule below.)
Payment Terms
15 – The due date for payment is 15 calendar days after the date on the invoice or after Customer approval and communication that your project has “gone live”.
30 – Ginkgo Consulting will add a late payment fee of $50 for every 30 calendar days beyond the initial completion date that payment has not been received (and cleared, if paying by personal/business check).
45 – Should an invoice remain unpaid for more than 45 days, all work will cease on all projects and a total invoice for work completed up to that point, including past due amounts and any applicable late fees will be delivered via email or certified postal mail.
60 – Should the 45-day invoice remain unpaid for 15 days, Ginkgo Consulting will pursue legal action to claim unpaid funds. Once this happens, additional late fees will continue to accrue at a rate of $30 for every additional day that the full project amount and fees goes unpaid. An additional, full-project assumed value of $15,000 above the initial amount agreed upon and all late fees accrued will also be billed to cover lost time and income, in the event that legal action is taken due to contract breach for non-payment, in addition to any and all legal fees resulting from legal action.
4) The use of any data or material, which Customer receives from the service provided by Ginkgo Consulting, is at Customer’s sole and absolute risk. Ginkgo Consulting specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.
5) Ginkgo Consulting will utilize its best efforts to maintain acceptable performance of services, but Ginkgo Consulting makes absolutely no guarantees or warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Ginkgo Consulting cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its network, a third-party (hosting company or otherwise) or via the Internet. Ginkgo Consulting will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Ginkgo Consulting shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the website or Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non deliveries, or service interruptions whether or not caused by the fault or negligence of Ginkgo Consulting.
6) Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney’s fees, (‘Liabilities’) against Ginkgo Consulting, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed. Also regarding any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Ginkgo Consulting against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Ginkgo Consulting’s services; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold. As a result of this, Customer agrees that Ginkgo Consulting shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss of data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Ginkgo Consulting or otherwise.
7) The Customer may only use Ginkgo Consulting’s services for lawful purposes. In the event that at any given time, Ginkgo Consulting believes that our service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Ginkgo Consulting has the right to immediately discontinue such service to Customer without liability or refund. Ginkgo Consulting is responsible to report any violations to the proper authorities, including but not limited to the government, your hosting company, or any other internet service providers. The following (but not limited to) are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:
7a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities; Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail. Ginkgo Consulting reserves the right to determine what constitutes abuse.
7b. Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights. Ginkgo Consulting reserves the right to determine what constitutes abuse.
7c. The Customer expressly understands and agrees that illegal Adult oriented Websites are expressly prohibited. Ginkgo Consulting reserves the right to immediately terminate and destroy any such unauthorized Websites without notice and discontinue service to Customer without refund, notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service. Ginkgo Consulting reserves the right to determine what constitutes abuse.
Disclaimer
Ginkgo Consulting will not be responsible for any loss or damages you or your business may suffer. Ginkgo Consulting makes no guarantees or warranties of any kind, expressed or implied for services we provide. Ginkgo Consulting disclaims any guarantee or warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Ginkgo Consulting and its employees or contractors. Ginkgo Consulting does not issue refunds for completed work, regardless of delays, errors, and any and all service interruptions caused by Ginkgo Consulting and its employees or contractors, despite being willing to correct errors or issues to the best of our ability. The services provided by Ginkgo Consulting are provided AS-IS and without any warranty expressed or implied. Ginkgo Consulting reserves the right to revise its policies at any time.
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