Open Think Group, Inc.

last modified on 10/18/2011

Overview of Terms of Service For Hourly Work

(Web Design, Web Development, etc.)

Rate

Our hourly rate is $50.00

Retainer

We require a minimum retainer of $500, made payable to Open Think Group, for the first ten (10) hours of work before we begin work on your project. It is NON-REFUNDABLE once we have begun work, subject to our discretion. The retainer will be credited to your account, and we will draw against those funds to satisfy the invoices for your account. Once the retainer has been exhausted, payment to keep your account current is required.

Requirement of Card / Bank Account Number on File

The credit card or bank account information used to submit your retainer will be kept on file until the termination of the relationship. You are responsible for keeping this information current.

Payment

We will email you an invoice every week reflecting the amount and scope of work completed during the previous week (Monday – Sunday). You will have ten (10) days from the date of the invoice to pay the total balance due.  If you wish to dispute a bill, you MUST do so within the ten day period.

Payments must be made by credit card or eCheck using the link provided with your invoice.

Termination

If you wish to cancel services, you must provide us with notification here: http://openthinkgroup.com/cancel

Overview of Terms of Service For Subscription Services

(Internet Marketing, SEO, Hosting, etc.)

Automatic Billing

All subscription services are billed on a recurring basis using a credit card kept on file.

Refund Policy

As with most subscriptions, the service is billed in advance on a monthly basis and is non-refundable. We do not provide refunds or credits for partial months.

Cancellation of a Subscription Service

You can formally request cancellation of a service by going to http://openthinkgroup.com/cancel

Open Think Group, Inc.

TERMS OF SERVICE FOR HOURLY WORK

Purpose. This Agreement (“Agreement”) is made and entered into effective as of this ____ day of ______, 20__, by and between Open Think Group, Inc., (“Company”), and ____________________(“Client”) whereby the Client desires to use the Company’s web design and development services.

1. Retainer. The Company requires a minimum retainer of $500 for the first ten (10) hours of work payable to the Company before it will begin work on the project. The retainer will be credited to the Client’s account and the Company will draw against those funds to satisfy the invoices for the first 10 hours of work. Once the retainer has been exhausted, payments will be required as set forth below.
2. Refunds. The retainer is non-refundable once the Agreement is signed; however, this is subject to the Company’s discretion.
3. Fees. The Company’s fees will be determined by the number of hours performed for the Client’s project and the Company rounds to the nearest half hour. At present, the hourly rate is $50. The Company reserves the right to modify its hourly rates from time to time and will notify the Client if there is a change before the Company will begin charging the Client the new rate.
4. Payment. The Client will be provided an invoice on a weekly basis with each invoice reflecting the amount of work done for the previous week (Monday – Sunday). The Client will have ten (10) days from the date of the invoice to pay the total balance due.  Any disputes to the bill MUST be made within 10 days from the date of the invoice.  Payments must be made online by credit card or eCheck. If payment is not made in full by the due date, the Company will automatically charge the account number it has on file for the Client’s account. In the event of a failed or declined payment due to insufficient funds, or if the Client is not in conformance with the payment terms, the Company will halt all work on the client’s project and reserves the right to suspend email, hosting, and/or withhold deliverables. If the account is not paid within thirty (30) days of the due date the Company reserves the right to add one percent (1%) per month on all past-due balances in addition to suspending email, hosting, and/or withholding deliverables. Timely payment in full is a condition of the Company’s continuing services.
5. Card / Bank Account Number on File. The credit card or bank account used for the retainer will be kept on file so the Company may charge that account automatically if invoices are not paid as explained above. The Company will retain this information on file until the termination of the relationship. The Client is responsible for updating this account information online or by contacting the Company directly.
6. Web Hosting Account Access. The Client agrees that if the Company’s web hosting service is not used, the Client must select a web hosting service which allows the Company full access to the website via FTP and Control Panel. The Company will be granted full access to this account until the termination of the relationship and/or when the final payment is made on the account.
7. Copyrights and Trademarks. The Client represents to the Company and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in webpages 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 the Company and its employees, agents, assigns, independent contractors, and subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
8. Client and/or Third Party Page Modifications. The Company is not responsible for repairing any damage done to the site by the client or any other party if they attempt to modify it; the Company will repair such damages at an hourly rate of $50.
9. Updates on WordPress.  The Company recommends that the Client contact the Company if the Client wants to perform any updates on WordPress.  Updates generally require other functions to be tweaked, and updates done without the supervision of the Company could cause the website to be damaged.   The Company does charge its hourly rate to perform the WordPress updates should the Client choose to have them done.
10. Open Source Software. Open source software must be kept up to date to avoid security breaches and holes that can compromise the site. Client accepts and agrees to full responsibility for maintaining up-to-date software. Company cannot be responsible for  bugs, hacking and other issues related to open source software.
11. Rights to Website. The Company shall be the sole, exclusive owner of the design, layout, graphics, text and programming code of the website. The Company retains the rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, and the marketing of the Company’s business. Where applicable the Client will be given any necessary credit for usage of the project elements. If the Client wishes to obtain full ownership of the copyright, the Client MUST submit a request in writing to the Company (When we say “in writing” is email okay?  I assume so but just what to check). Upon receipt of the request, the Company will evaluate the status of the account and if the Company determines that all account obligations are met, the request will be granted.
12. Termination. The Company reserves the right to cancel this contract if at any time the Company feels the obligations cannot be met. The Company will notify Client of the termination by telephone and by written notice via email with confirmation of delivery. If the Client wishes to cancel services, a written notification must be submitted via email with confirmation of delivery. Upon receipt of the cancellation, the Company will immediately cease work. If the account is not current, the Company reserves the right to withhold deliverables until the account is paid in full and/or may access the Client’s web hosting service to remove webpages from the website that the Company has designed until final payment is made.
13. Governing Law. This Agreement will be governed by and con­strued in accordance with the laws of the State of Utah, excluding that body of law pertaining to conflict of laws.
14. Limitation of Liability. Neither party’s liability to the other arising out of or related to this Agreement will exceed the total cost of the service.  Liabilities limited by the preceding sentence include, without limitations, liability for negligence. In no event shall the Company’s employees, agents, assigns, independent contractors, and subcontractors  be liable for any special, incidental, direct, or consequential damages of any kind in connection with this Agreement, even if informed in advance of the possibility of such damages.
15. Arbitration. Any disputes that arise out of this Agreement will be submitted to binding arbitration in accordance with the Utah Uniform Arbitration Act.  An arbitrator shall have the exclusive authority to resolve any dispute relating to the Agreement’s enforceability.
16. Attorneys’ Fees. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys’ fees, court costs, and expenses in addition to any other recovery to which such party may be legally entitled.
17. Severability. The invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of the remainder of this Agreement or any other provision hereof.
18. Entirety. This Agreement replaces all previous agreements and the discussions relating to the subject matters hereof and constitutes the entire agreement between the Company and the Client with respect to the subject matters of this Agreement.

By selecting “I Agree”, you agree to be bound by the terms and conditions of this Agreement.

TERMS OF SERVICE FOR SUBSCRIPTION SERVICES

Purpose. This Agreement (“Agreement”) is made and entered into effective as of this ____ day of ______, 20__, by and between Open Think Group, Inc., (“Company”), and ____________________(“Client”) whereby the Client desires to use the Company’s subscription services.

1. Permission and Authority with Accounts.  By entering into this agreement, Client grants Company the right to create, edit, and otherwise manipulate business listing accounts on Client’s behalf. This may require disclosing login information and passwords for listings already established.  Client grants Company permission to represent Client on their behalf.
2. Payments.  The credit card or bank account information used to set up your subscription service will be kept on file and charged automatically each month until the cancellation of said service. You are responsible for keeping this information current.
3. Refunds.  As with most subscriptions, the service is billed in advance on a monthly basis and is non-refundable. We do not provide refunds or credits for partial months of service or refunds for unused months. There are no exceptions. You may continue receiving service through the end of payment period, but there are absolutely no refunds.
4. Copyrights and Trademarks. The Client represents to the Company and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company 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 the Company and its employees, agents, assigns, independent contractors, and subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
5. Governing Law. This Agreement will be governed by and con­strued in accordance with the laws of the State of Utah, excluding that body of law pertaining to conflict of laws.
6. Limitation of Liability. Neither party’s liability to the other arising out of or related to this Agreement will exceed the total cost of the service.  Liabilities limited by the preceding sentence include, without limitations, liability for negligence. In no event shall the Company’s employees, agents, assigns, independent contractors, and subcontractors  be liable for any special, incidental, direct, or consequential damages of any kind in connection with this Agreement, even if informed in advance of the possibility of such damages.
7. Arbitration. Any disputes will be submitted to binding arbitration in accordance with the Utah Uniform Arbitration Act.  An arbitrator shall have the exclusive authority to resolve any dispute relating to the agreement’s enforceability.
8. Attorneys’ Fees. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys’ fees, court costs, and expenses in addition to any other recovery to which such party may be legally entitled.
9. Severability. The invalidity or un-enforceability of any provision of this Agreement shall in no way affect the validity or enforceability of the remainder of this Agreement or any other provision hereof.
10. Entirety. This Agreement replaces all previous agreements and the discussions relating to the subject matters hereof and constitutes the entire agreement between the Company and the Client with respect to the subject matters of this Agreement.

By selecting “I Agree”, you agree to be bound by the terms and conditions of this Agreement.