Reservation of Rights: All rights not expressly granted herein are retained by Mitchell Pierce & Associates, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps, or other preliminary materials. Any use additional to that expressly granted in the sales agreement requires arrangement for payment of a separate fee.
There are no charges for standard revisions or changes to the site.
2. WEBSITE PAYMENT SCHEDULE:
First payment will be deducted immediately. Second payment, and every payment thereafter, is deducted 1 month to the calendar day following the first transaction through Mitchell Pierce & Associates. (i.e. First payment: June 2 | Second payment: July 2)
3. CANCELLATION FEES:
There will be no fees to cancel. To do so, the client will need to call their dedicated point of contact to cancel between the hours of 8:30am and 5pm EST at (803) 486-3102. Client must submit their notice of cancellation no later than 5:00 p.m. EST 30 days before the next billing date to avoid further charges; provided, that if such day is a Saturday or Sunday or a federal holiday, then no later than 5:00 p.m. EST of the last business day immediately prior to the start of the next billing cycle. Upon confirmation of your notification by our support team, all recurring payments will be stopped. Cancellations via email or any other communication medium (other than a phone call) will not be accepted.
4. OWNERSHIP OF THE SITE:
We price the website build based on the assumption you will work with Mitchell Pierce & Associates for at least two years. If you cancel before 2 years, and if you want to keep your website, then Mitchell Pierce & Associates will charge a migration fee to transfer the website to you. If you cancel within the first 5 months, the migration fee is $2,500. If you cancel after 5 months but within the first year, then the migration fee is $1,000. If you cancel after the first year but within 2 years, then the migration fee is $500. If you cancel after 2 years, Mitchell Pierce & Associates will transfer the website to you provided that all payments due to Mitchell Pierce & Associates have been paid.
You agree that at no time will you duplicate, mirror, or scrape in any manner any portion of the website or any of the features of the website.
5. OWNERSHIP OF THE LOGO:
If a new logo design has been agreed upon and documented in this sales agreement, the logo design will be a total cost of $500. Full ownership and marketable rights of the logo design will be transferred once payment is made in full.
Payments made to Mitchell Pierce & Associates under this agreement are non-refundable. Mitchell Pierce & Associates shall be deemed to have earned all fees when paid.
The Client agrees to indemnify and hold Mitchell Pierce & Associates harmless against any and all claims, costs, and expenses, including attorney’s fees, which are incurred due to materials included in the work at the request of the Client for which no copyright permission or privacy release was requested, or for uses not allowed pursuant to a permission or release.
This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives.
In the event we discover better software, plugins, platforms, add-ons, or other website enhancing accoutrements, there may be additional purchases that need to be made. These purchases will lie outside of your monthly payments. We will always alert you of these additional purchases and try to give you payment-free alternatives alongside these additional purchase recommendations.
In some instances, we may include functions or features in a website or our service offerings that are items for which we are a reseller from a third party. In that event, those items may only be included for so long as we are a reseller, and if we are not for some reason then those features or functions may need to be removed. We will notify you if this is the case.
This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of North Carolina and the exclusive venue for any dispute under this Agreement shall be Mecklenburg County, North Carolina. This Agreement must be signed and returned before the designer can schedule or begin this job.
11. ERRORS AND RELEASE:
We cannot guarantee that our work will be error-free (we are human!) so you are agreeing right now that we will not be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential, or special damages, even if you have advised us of them. We are not providing any warranties, including merchantability or fitness for a particular purpose.
12. ADDITIONAL MARKETING & STRATEGY:
In the event where an individual or business would like Mitchell Pierce & Associates to perform any extra marketing, branding, strategy, or other service, the said request will be evaluated, and offered or declined, on a per client basis. If, at any stage of these services, you are not happy with the direction our work is taking, you will pay us in full for everything we have produced up to that point and then cancel this agreement.