All liable expenses already incurred by Mrleadnet Inc. or those Mrleadnet Inc. is liable to pay shall be paid by the client in full. If cancellation and termination is done on the part of Mrleadnet Inc. or occurs prior to the design approval no cancellation fee will apply. However if the cancellation and termination is done on the part of the client after design approval the client will be liable to pay 75% of the remaining project balance. In the event of cancellation and termination, Mrleadnet Inc. retains ownership of all copyright, any original artwork, domain names and all other work of Mrleadnet Inc..
Copyrights & Trademarks.
The client unconditionally guarantees that any elements of text, graphics, photos, design, trademarks or other artwork furnished to Mrleadnet Inc. for inclusion in the project 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, indemnify and defend Mrleadnet Inc. and it’s subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the client. It is the Client’s responsibility to do a Trademark/Copyright search in order to register their logo as a company Trademark.
Clients Alterations and Technical Support.
There shall be no charges to the client for revisions or corrections or additions made necessary be errors on the part of Mrleadnet Inc.. Any changes requested by the client before the approval of the final draft are not considered client alterations but draft critiques. The number of draft critiques will be determined prior. If more are needed a charge of $65 per major revision round and $10 per minor revision round will apply. Changes requested by the client after design approval and before or after project completion shall be considered client’s alterations and will be charged an hourly rate of $35. Any technical questions or issues will be forwarded to our IT guy who will deal with them in the appropriate manner, he charges $50 an hour. In both cases client must pay upfront, an hour at a time (unless stated otherwise via email). If the client wishes to modify or enhance the site beyond minor changes, Mrleadnet Inc. shall be given first option to perform such modifications and enhancements. In such cases a new order will be written up.
The entire risk as to the quality and performance of the completed project is with the client. Mrleadnet Inc. does not warrant that the functions contained in the project will meet the clients requirements or expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. Mrleadnet Inc. will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. All web sites at time of completion will be compatible with the latest versions of Internet Explorer and Mozilla Firefox, Mrleadnet Inc. is not be held responsible for any functionality or design errors that may occur with the use of any other browser. Mrleadnet Inc. is not to be held responsible for the function of the favicon, load times, or any other errors occurring due to reasons beyond Mrleadnet Inc.’ control. In no event will Mrleadnet Inc. be liable to the client or any third-party for and damages, including lost profits, lost savings or other incidental consequential or special damages arising out of the operation of or inability to operate the project, failure of any services provides, of any telecommunication carrier, of the internet backbone, of any internet servers, your or your sites visitor’s computers or internet software, even if Mrleadnet Inc. has been advised of the possibility of such damages.
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
Client agrees that it shall defend, indemnify, save and hold Mrleadnet Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Mrleadnet Inc.’s involvement in the client’s project. This includes Liabilities asserted against the Developer, it’s subcontractors, it’s agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless Mrleadnet Inc. against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Information Collection and Use by Mrleadnet
Mrleadnet collects and uses information voluntarily submitted by a user, such as a user’s name, email address, URLs, keywords, and credit card payment information, in connection with the services provided by Mrleadnet on behalf of such user. Mrleadnet may also share such information with its affiliated companies and business partners (such as agents or subcontractors) who are acting on Mrleadnet’s behalf to support your customer relationship with Mrleadnet, unless otherwise agreed by you or required by law.
Mrleadnet may also log non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the Mrleadnet Site. This data is used to manage the Mrleadnet Site, track usage and improve the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to visitors. User IP addresses may also be recorded for security and monitoring purposes.
Mrleadnet may also use a user’s email address to send updates, such as a newsletter or news regarding Mrleadnet’s products and services. Users may choose not to receive email of this type by clicking an “opt out” link located at the bottom of the update.
Unless otherwise agreed by you or required by law, information collected by Mrleadnet may be (i) used by Mrleadnet for marketing and business purposes, (ii) retained by Mrleadnet indefinitely, and (iii) sold or otherwise transmitted to third parties.
Web Development & Design
Payments for custom development and design projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all fees paid are retained by Mrleadnet Inc. and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client (billed at the rate of $85/hour).
When you establish a Business Website with Mrleadnet Inc., you are unable to transfer your domain, website, or any content from Mrleadnet Inc.’s Hosting for 6 consecutive months. Only after you pay for 6 consecutive months of hosting, all prior Mrleadnet Inc. Agreements and Mrleadnet Inc. Payment plans may you transfer the website. Additional transfer fees may apply to transfer the Website and Domain to a new Web Hosting.
Design costs paid to Mrleadnet Inc. are non-refundable. Printing costs paid to Mrleadnet Inc. are refundable only if printing error is determined to be our fault. We are not liable for damages incurred due to printing errors or problems from our files if full specifications from your printer were not provided or were incorrect/inaccurate, or if you supply the wrong files to your printer (billed at the rate of $55/hour).
SEO services costs paid to Mrleadnet Inc. are non-refundable (billed at a rate of $125.00/hour). Any work performed will be itemized and emailed to you with a balance of time remaining on your plan to help you keep track of what work you have received. Results are not guaranteed or warrantied and prior results do not represent a similar outcome will be obtained unless otherwise stated. Each industry and city is unique and results are difficult to predict.
Any payment plans to allow the customer to make payments on a mutually agreed upon schedule will be determined prior to deposit. The deposit is non-refundable. All payments made according to the plan are non-refundable. The client is liable for payment for all work completed under the payment plan. If a client decides to cancel work scheduled in a payment plan, then all work completed and not paid will be due in full upon cancellation. Upon cancellation the work will be billed at our hourly rates of service. The rates will be determined based on type of service provided. Failure to meet these conditions transfers the ownership of all work provided under the payment plan to Mrleadnet Inc.. The client will forfeit all rights and interest in the work provided.
Any payment plans over $250 including the deposit reserves the right for Mrleadnet Inc. to use a phone number of their choice. This number will be used as collateral for the business to continue payments. Upon full payment for the plan and any additional associated costs Mrleadnet Inc. relinquish ownership of the phone number used for the contract to the client. If the business cancels the agreement or defaults on payments within the plan Mrleadnet Inc. will retain the number to receive payment for the plan in full within 10 days. If the client defaults or cancels the agreement without meeting prior conditions they foreifit all rights and interests to the phone number Mrleadnet Inc. provided.
If the client fails to pay for a payment plan in full within 60 days of completion, cancellation or default. Mrleadnet Inc. reserves the right to attempt to collect monies owed through court of law, collection companies or creating new a new payment plan.
If we receive a chargeback or payment dispute from a credit card company or bank, your service and/or project will be suspended without notice. A $50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
Payments for past months of web hosting are non-refundable. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If client did not make use of the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client, or until 15 days after due date of payment not received. If client paid for hosting account for 6 or 12 months ahead and cancels service before plan expiration date, a refund may be given for the months not yet elapsed. If client received free products and/or services with their hosting plan purchase, the value of the free services will be deducted from the refund amount.
Mrleadnet Inc. reserves the right disable and/or terminate a user’s account if a user is found in violation of the AUP. Accounts terminated due to policy violations will not be refunded.
Confidentiality and Trade Secrets
Confidentiality agreements serve to protect Mrleadnet Inc.’s trade secrets, intellectual property, and other proprietary information. Trade secrets include ideas, software code, business processes and methods. Our clients come into contact with our confidential information for verification purposes. You hereby agree to protect the trade secrets and confidentiality of Mrleadnet Inc. and you are liable for any losses or damages which result.
Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Internet Marketing or Website Design and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.