Terms & Conditions
What Do Both Parties Agree To?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. Assets and information will be given to us by you, in a timely manner. You’ll review our work, provide feedback and approval in a timely manner, too. Deadlines work two ways, so both parties will be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We will execute the project in a professional and timely manner in accordance with the timeline. We aim to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
Text Content
We cannot promise professional copy for your website, but we will use our best judgment to advise you to the best of our ability.
Graphics and Photographs
If you don’t already have professional images to use for the website, we will curate a small collection of free (or paid, at your cost) stock photography to implement within the website design.
WordPress, Wix, Webflow, other CMS Platforms
We deliver web pages on the WordPress platform. All themes, plugins and content included in the website is your property once final payment has been received.
We also build sites using wix.com. The client must create their own account on wix.com, and upon final payment, the website will be transferred to the client’s Wix account. At this point, Forge995 will be able to make changes and edit the site (upon client’s request), but Wix recognizes the client as the admin and owner of the site.
We also build websites using Webflow. The client must be willing to pay for Webflow’s web hosting service, provide their own, or pay for our web hosting service.
Desktop & Mobile Browser Testing
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. We test our final design across common devices, including Macbook, Windows Laptop, iPad, and iPhone, to ensure maximum compatibility.
Web Hosting
If you already have an active web hosting plan, as long as you provide us with the credentials, we can import the final project onto your web host. If you don’t have a web host, we offer a separate hosting package for an additional monthly fee. We can set that up for you at one of our preferred hosting providers.
Technical Support
We offer a Maintenance Care plan for an additional monthly fee. If you elect that option, we’ll provide ongoing support including keeping your website up-to-date, making sure security best practices are being implemented, making any changes that require less than 60 minutes of time, and backing up the site on a daily basis. If you don’t select this option, then once the site has been live for a week and there are no issues, our support ends and you’d have to engage us separately if you need anything else. Of course, if there’s an issue relating to what we did, we will always fix those for no additional fee.
Google Analytics
Our websites come standard with Google Analytics integration, however you will need to do some work on your end in order to use it.
We offer an Analytics package for an additional monthly fee. If you elect that option, we’ll provide weekly Google analytics reports including customized tracking for your specific criteria.
Changes and Revisions
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to make changes or add anything new, that won’t be a problem as we’ll provide a separate estimate for additional work.
Legal Stuff
We cannot be liable to you for any lost profits, lost savings or other incidental, consequential or special damages as a result of the new website or its implementation.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damage.
Intellectual Property Rights
First, you guarantee that all elements of text, images or other artwork you provide are either owned by yourself, or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.
Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you for the website we design for you plus the visual elements that we create for it.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying Our Work
We reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
Payment Details
All services agreed to in this contract are to be sold for the price specified in the proposal.
Payment will be made via PayPal, Stripe, or bank transfer.
Payments made by credit card require an additional 3% (this is what we pay for credit card processing fees).
Payment details are shown on all invoices and statements.
Only once a payment is cleared will it be deemed received.
Payment Schedule
Unless otherwise stated, the following standard terms apply to projects/work:
An initial payment of fifty percent (50%) of the project cost to secure booking. Payment must be cleared in the Forge995 Paypal, Stripe, or bank account before work starts.
The final payment of fifty percent (50%) must be paid before final files and relevant assets are delivered. Cleared payment must be received before the project is handed over and goes live.
Penalties and Fees
Payments must be made within 7 days from the date of invoice. Payments not received within 7 days of the invoice will incur a $500 reengagement fee to continue the project.
Refunds
If at any stage, you change your mind about what you want to be delivered or are not happy with the direction our work is taking, the client will pay in full for the time spent working up until that point; and we would agree to terminate the project, however, payment cannot be refunded for any work already rendered.
There are no refunds after project delivery and final payment. Payment of invoice constitutes your acceptance of the work as delivered.
Because we resell hosting for a larger company, we are unable to offer refunds on hosting, SSL certificates, and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs.
Non-Communication
If we are unable to communicate with a client on a project for a duration of at least thirty days (30) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
Concluding Statement
We both agree that we will adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of US courts.
PPC Campaign Management & Facebook Sponsored Ad Campaign Management Terms & Conditions.
We use your data to provide and control access to our website and associated services. By using this website, or signing up for our services, you agree to the terms and conditions written below.
PPC Campaign Management and Facebook Sponsored Ad Campaign Management Terms & Conditions
By signing up for PPC Campaign Management or Facebook Sponsored Ad Campaign Management you are agreeing to the following terms and conditions. You are:
Forge995 permission to setup automatic monthly PPC management service fees directly from your credit card to Forge995.
Forge995 permission to setup automatic payments directly from your credit card to Google, Facebook and/or other paid listing providers (if applicable).
Agreeing to legally binding terms, conditions and policies that relate to your PPC and/or Facebook Sponsored Ad Management services.
Management Service Fees To Forge995
You understand that, without further notice to you, Forge995 will charge your provided credit card for your first monthly service fee as soon as your PPC account setups are fully complete and that Forge995 will continue to charge you a monthly service fee until you request cancellation.
You understand that the price you were charged for your PPC Campaign Setup or monthly Facebook management is to some degree based on your agreement to purchase monthly PPC management services or monthly Facebook management from us. You must purchase at least one month of PPC or Facebook management. You understand that if you cancel your maintenance before it begins, you will still be charged one monthly maintenance fee.
If you would like to discontinue monthly PPC management and PPC management fees or Facebook Sponsored Ads management and their management fees after your first month, you must provide Forge995 with at least 30 days notice of the cancellation.
By signing up for PPC Campaign Management or Facebook Sponsored Ads Management, you are indicating your understanding that the prices given in your proposal are service fees only and do not include the purchase of the sponsored listings (sometimes referred to as “click budget” or “budget”).
By signing up for PPC Campaign Management, you are agreeing to pay for services rendered in a timely manner. If your bill is over 30 days past due, you agree to pay the full amount of the original bill plus a 5.0% late-payment fee.
Payments and Fees to Google and Other Search Marketing Providers
Any amount of money that you wish to go towards the sponsored listings purchases must be paid over and above fees indicated in your proposal. It is completely up to you how much you wish to budget in sponsored listing purchases. By signing up for PPC Campaign Management or Facebook Sponsored Ads Management, you are agreeing to be billed directly by Google and other Search Engine Marketing Providers and/or Facebook (if applicable).
Payments to Forge995 are paid separately from those made to Google or any other paid advertising providers. Google and/or Facebook charges will be made automatically from your account. Forge995 will notify you when and/or how often these charges will be made once your payment options are set-up, depending on what payment option you choose.
Forge995 reserves the right to terminate or deny service for any reason, including: web sites considered to be of pornographic nature by Forge995, web sites involved in domain name disputes, failure to pay for services on time, solicitation or selling of illegal products or services.
By signing up for PPC Campaign Management or Facebook Sponsored Ads Management, you are agreeing that if at any time a search engine or website ceases to offer sponsored listings or, if at any time for any reason, a search engine or website refuses service to the company which you represent or refuses to provide a sponsored listing or advertisement to this company that Forge995 will not be held responsible. You also agree that such a refusal of service to this company by a search engine or website may also be grounds for termination of this agreement by Forge995.
By signing up for PPC Campaign Management or Facebook Sponsored Ads Management you are indicating that you understand the services we provide in accordance with this plan.
Provision of The Service
To optimize your Pay Per Click campaigns or Facebook Sponsored Ads campaigns with a view to increasing the amount of profitable clicks you receive.
You will be able to contact your account manager who will be available during normal office hours.
Term and Termination
Cancellation at any other time by either party is subject to a notice period of one calendar month. If you wish to cancel your service please contact your Account Manager. You will be invoiced for one further month from the date we receive your cancellation email. If you disable our access to your AdWords or Facebook account during the month’s notice period you will be invoiced according to your monthly click spend one month prior to you disabling our access.
You have the option to pause our service for up to a maximum of three months. If you have not resumed your service by the end of the three month period then we will automatically cancel your contract and issue you with a final invoice to cover your cancellation period.
Forge995 reserves the right to revise the terms and conditions of this agreement with one month’s notice.
Charges & Billing
Forge995 agrees that we will not modify your daily budget without your verbal or written approval.
All charges will be made to your nominated Credit Card. The first charge will be made at the end of your setup.
If you wish to change the credit card from which we take payments please contact your Account Manager. For security purposes please do not include credit card details in emails – Forge995 will arrange to receive your new card details by phone, fax, or secure online form.
If we are unable to take payment for our service fees, we will notify you by email. For non-payment, at Forge995’s discretion, the Contract shall be deemed to be terminated by you, along with any other contracts that are held with us, and the full value of the remaining term/cancellation period of the Agreements becomes due.
Security
You must immediately inform Forge995 if there is any reason to believe that a user ID or password has been or is likely to be compromised or used in an unauthorized way.
Forge995 reserves the right to suspend access to the Service if at any time Forge995 considers that there is or is likely to be a breach of security.
Confidentiality
We agree not to disclose or otherwise make available to anyone confidential information relating to your advertising campaigns.
Limitation of Liability
In no event will Forge995 be liable to you for any indirect, incidental or consequential loss or damages arising under this Contract.
You agree to indemnify and keep Forge995 indemnified from any claim brought by a third party resulting from Forge995’s provision of this service to you limited to infringement by you of any intellectual property right of any kind, infringement by you of any legislation or regulation affecting Forge995’s performance of its obligations under these Conditions.
The service is scheduled to be available 24 hours per day, 7 days a week but Forge995 accepts no liability for failure to maintain this level of availability. Emergency maintenance, updates and any other procedures will be scheduled on a case-by-case basis. In the event of unforeseen disruptions to the Service, Forge995 will use reasonable efforts to restore Service within 24 hours but does not guarantee it will always be able to do so or accept any liability for failure to do so.
In the case that you may have us assist you in creating your account with Google or Facebook, you understand than any terms, conditions, privacy or legal agreements of any kind that are made with Google or Facebook during account creation and management are agreements between you and Google or Facebook, not between Forge995 and Google or Facebook. And any issues you may encounter with Google or Facebook billing or other account procedures are issues that you will need to address yourself. Forge995 is not able to refund or responsible for refunding any monies that you pay to Google or Facebook during your Setup and Management.
Matters Beyond Either Party’s Reasonable Control
If either party is unable to perform any obligation under this Contract because of a matter beyond that party’s reasonable control that party will have no liability for failure to supply the Service. If any of these events continue for more than 2 weeks either party may serve notice on the other terminating this Contract.
Assignment
You will not assign, resell, sublease or in any other way transfer the Service (or any element thereof), or any of its rights or obligations under the terms of this Contract without the prior written consent of Forge995. Contravention of this restriction in any way, whether successful or not will entitle Forge995 to terminate the Service and/or the Contract immediately. Forge995 may assign or transfer its rights or obligations under this contract by written notice to you.
Data Protection
Forge995 is committed to protecting your privacy.
Law
This contract is governed accordance with respective states laws of the states court of the country. In case of USA customer, it’s USA state’s court.
Your Authority
You assert that you are a person employed by the company purchasing/signing up for PPC Campaign Management and/or Facebook Sponsored Ads Management, that you have the authority to make decisions concerning this company’s web presence, and that you have the authority to promise payment for the services rendered by Forge995. You assert that you have read and that you understand fully the contents of this document including the payment promised by you to Forge995 and the services promised by Forge995 to you.
Changes to The Terms of Service
We may update our Terms of Service from time to time. We will notify by posting the new terms & conditions of services on this page.
You should contact us by email for further information about our terms and conditions of services at hello@forge995.com.