~ Terms Of Service & Contract of Obligation ~
All individuals that decide to hire SP-AVG for a project do so fully understanding and fully agreeing to all the Terms of Service outlined below:
- Individuals that choose to hire SP-AVG (Jason Tucker) are hereafter referred to as CUSTOMERS. Jason Tucker and any and all employees/contracted persons hired to perform the work are hereafter referred to as the VENDOR.
- The CUSTOMER understands that the best way to contact the VENDOR is by email. Should the CUSTOMER elect to leave voice-mail instead of sending email, the CUSTOMER understands that it could be several days before the VENDOR is able to return the call, and sometimes much longer. For fastest results, please send email to info@spavg.com.
- The CUSTOMER understands that the VENDOR shall NOT be held to a deadline. Period. The VENDOR will do everything possible to deliver in a timely manner, but specific dates and rigid schedules are NOT possible. The CUSTOMER shall not hold the VENDOR liable for any delays whatsoever.
- The CUSTOMER understands that the VENDOR shall release all rights to the work to the CUSTOMER upon completion, but the VENDOR retains the right to display the work in it's original delivered form on the VENDOR's website, for purposes of display in a portfolio of work examples.
- The CUSTOMER understands that the VENDOR will not begin work until a deposit of a minimum of 50% of the estimated price has been paid, and the CUSTOMER understands that the VENDOR is not required to deliver the final product until 100% of all remaining balances have been paid.
- The CUSTOMER understands that the VENDOR may prioritize work based upon estimated charges (projects with higher estimated charges being put before projects with lower prices) and/or deposits paid (projects that are paid in full initially may take precident over projects with only a deposit paid), and the CUSTOMER agrees not to hold the VENDOR liable if their project gets shifted lower in the waiting list to accommodate a larger project or a project with 100% paid up front.
- The CUSTOMER understands that failure to pay can and will result in cancellation of services (which could include termination of work, shutdown of a website, or release of a domain name to the general public), and the CUSTOMER agrees to make all payments for services on time, or to contact the VENDOR prior to the due date to arrange something. The VENDOR shall NOT accept liability for the loss of website data or the loss of a domain name to another registrant due to failure of the CUSTOMER to pay charges on time.
- The VENDOR shall not be held liable for website down-time due to hardware failure or malicious attack by pranksters as a result of failure of the CUSTOMER to maintain a secure web-environment. Websites created for CUSTOMERS are set up with reasonable security precautions, and any modifications that compromise that security could result in site damage, data loss or defacement. The CUSTOMER understands that the VENDOR will handle these situations in as timely a manner as possible, but the VENDOR shall not be held liable for downtimes of any kind in the event the VENDOR is unable to attend to the site as quickly as the CUSTOMER would like. It is the CUSTOMER's responsiblity to monitor their own website for hacking attempts and make reasonable modifications to combat them, unless the CUSTOMER has paid the VENDOR for round-the-clock website monitoring services. The VENDOR shall not be held liable for loss of business or damage to the CUSTOMER's reputation as a result of site damage or defacement.
- CUSTOMERs that choose to hire the VENDOR for a project that have already paid for part or all of the project understand that the VENDOR is NOT required to refund money paid if the CUSTOMER elects to terminate the business relationship for any reason. Should the VENDOR elect not to finish the project for any reason after money has been paid, the VENDOR shall refund 100% of all money paid to the CUSTOMER.
- The VENDOR reserves the right to terminate the business agreement with the CUSTOMER at any time and for any reason. To be quite frank, I do so much work for so many people that I'm just not willing to take any shit from anyone, if you'll excuse the expression. So if you start to make me miserable, I might just throw your money back at you and tell you to get stuffed. If you don't like that, please don't hire me. Thanks!
- THESE TERMS OF SERVICE AND CONTRACT OF OBLIGATION ITEMS ARE SUBJECT TO CHANGE AT ANY TIME, DAY OR NIGHT. IT IS THE CUSTOMER'S RESPONSIBILITY TO BE FULLY INFORMED OF THESE TERMS PRIOR TO HIRING SP-AVG. CUSTOMERS THAT FAIL TO BECOME FAMILIAR WITH THESE TERMS SHALL NOT HOLD SP-AVG OR JASON TUCKER FOR ANY LOSSES OF ANY KIND WHATSOEVER!
Please feel free to print this page for your records, and keep it on file with the invoices/estimates I send to you. I know that sounded really harsh and unforgiving, but quite frankly, I don't care. The simple fact is this: I do what I do because I love to do it, not because I want to get rich. I won't ever GET rich with the prices I charge. So I typed this in order to inform my customers that if they are the type of customer that makes me not like my work anymore, I'm not interested in doing business with them. So if you can't agree to these terms, please, for both our sake, do not hire me. Thanks so much for understanding!