Terms & Conditions

Hometown Marketing Group agrees to provide design and development services to the said client, as specified in the agreement, subject to the following terms and conditions;

Estimates. Fees and expenses shown are estimates only and based on work being performed during regular, straight time working hours and conditions prevailing at the time of estimate. Final fees and expenses shall be shown when invoice is rendered. Client’s approval, in the form of a signed change order, shall be requested before any increases in estimated fees or expenses. Work, materials, time consumption or time loss due to client’s alterations or errors shall be at client’s expense.

Deliverables. Each phase of work, as specified in the agreement, will be considered complete upon final presentation of the deliverables for the phase. Delivery dates are predicted on timely receipt of all materials to be supplied by client. Every attempt will be made to meet the delivery date, but unforeseen or unavoidable delays not caused by Hometown Marketing Groups’ negligence shall not constitute a breech of this agreement.

Change Orders. Should the scope of this project change significantly after the date of estimate, the client will be sent a change order detailing, as much as is possible, the effect of projected changes on the estimated price and/or schedule. Change orders may include such items as: overtime initiated at the client’s request or made necessary by conditions beyond the control of Hometown Marketing Group; new concepts after presentation of preliminary layouts; revisions to content after final draft (unless covered by separate maintenance agreement); revisions to photography or illustration assignments after work is in progress; and deviation from agreed upon schedule.

Intellectual Property. Use or development of preliminary ideas or work, created by Hometown Marketing Group in the course of developing client projects, by persons or firms other than Hometown Marketing Group is expressly prohibited. In negotiating intellectual property rights and conditions with other suppliers, Hometown Marketing Group acts as an agent of the client, and the client shall be responsible for honoring agreements that arise from these negotiations. Client agrees to obtain all the necessary permissions and authorities in respect to the use of all copy, graphic images, registered company logos, name and trademarks, and any other supplied materials and will hold harmless, protect, defend, and indemnify Hometown Marketing Group from any claim or suit arising from the use of such materials supplied by client.

Warranty. If this contract includes any web application or software development, Hometown Marketing Group warrants to the client that any completed work product delivered under this contract will perform substantially in accordance with the attached specifications (and any authorized change orders) for the ninety-day period following client’s receipt of the completed work product. The entire liability of Hometown Marketing Group shall be limited to either, at Hometown Marketing Group’s option, fixing the product or the refund of all or a portion of the development and license fees not already paid out to third parties, as appropriate. This limited warranty does not extend to unsatisfactory performance due to factors reasonably beyond the control of Hometown Marketing Group including, but not limited to, unauthorized alterations to software code and faulty installation by client or third parties. Hometown Marketing Group makes no other warranties, express, implied, or statutory, including but not limited to, non-infringement of third-party rights, merchantability, or fitness for any particular purpose.

Completion Date. Hometown Marketing Group and the client must work together expeditiously to complete the website in a timely manner. If the client does not supply Hometown Marketing Group complete text and graphics for the agreed project within 14 days from the date the contract was signed, the entire amount of the contract become due and payable. If you are unable to adhere to the project timeline your project could be delayed a minimum of 30 days. In addition, there is a $50 fee per incident if you are unable to provide necessary feedback based on the predetermined schedule. If the client has not submitted complete text and graphics within 30 days after the signing of this contract, an additional continuation fee of 10% of the total contract price will also be assed each month until the project is completed in full. In the event completed text and graphics are not provided within 45 days this contract will be deemed compete and a continuation fee will be assessed to restart the project.

Payment Schedule . One half of the quoted amount due upon acceptance of the contract (or phase start date). 30 days after initial payment is made a second payment of 25% of the contract total is due. Final invoices are payable when the product or service has been delivered in full based upon the project agreement. If the project is completed in full prior to the second billing cycle the total balance is due in full. If the project is to be delivered in phases, each phase will be treated as a separate contract for billing purposes. The grant of any license or right of copyright is conditioned upon receipt of full payment and the enforceability of all provisions of this agreement. Delinquent bills will be assessed a $25 charge if payment is not received within 10 days from the due date. If the amount remains delinquent 30 days after its due date an additional 10% penalty will be added for each month of delinquency. Hometown Marketing Group reserves the right to remove webpage’s from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process.

Initial Payment and Refund Policy. All agreements begins with an initial payment of one half the project total. If the client halts work and applies by registered letter for a refund with 10 days, to the Director of Hometown Marketing Group, work completed shall be billed at $75 an hour, and deducted from the initial payment, the balance shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of the initial payment will be refunded unless written application is made within 15 days of signing the contract.

If, for any reason, a court of competent jurisdiction finds any portion of these terms and conditions to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this terms and conditions will continue in full force and effect. Receipt of deposit payment indicates acceptance of this agreement.

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