Terms & Conditions

1. Term. The services under this Agreement will last until the completion of the project, from the date of this Agreement. Either Party may terminate the Agreement by giving written notice to the other Party of such termination at least thirty 30-business days before the beginning of each new month of services. Either Party may choose not to renew by following the procedure outlined in the preceding sentence.
2. Billing and Refunds. You will be billed as per the Payment Option selected from above. In the case that any partner, affiliate, or joint ventured company cannot pay, the Client listed will be responsible for payment. Under no circumstances will Iterate extend refunds for or permit cancellations of performance. If the credit card or debit card is declined for any reason, Iterate shall have the right to charge fifty dollars ($50.00) in declined-card fees. Payment is due the first day of the month of service and if the card charged is declined, payment is deemed delinquent and past due. Past due balances shall bear interest at one and one-half percent (1.5%) per month until paid. Because all transactions are conducted electronically, it is understood and agreed that the physical credit card or debit card need not be present with Iterate in order for the charge to the card to be valid and that the validity of such charge will not be challenged in this context.
3. Services. The services provided under this Agreement are those described in this document. In the event that any payment is delinquent, Iterate’s obligations to provide services shall be suspended, for the term of the Agreement, until payment is made and received.
4. Disclaimers. Iterate makes no guarantees, warranties, or representations as to the results it will obtain or as to the adequacy of services provided by third parties. You expressly acknowledge and recognize that Iterate does not operate, control, or endorse any information, products, or services on the Internet, and that any entities that do offer such information, products, or services are not affiliated with Iterate. Iterate shall not be responsible for URLs dropped or excluded for any reason, for delays or failure of performance resulting from advertising network billing, ISP delivery problems or failure, or for acts or causes beyond its control, including but not limited to Acts of God, strikes, lockouts, wars, power failures, equipment failures, or other disasters.
5. Litigation. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. Both Parties agree that the forum, should litigation ensue, shall be in Oregon and submit to its jurisdiction for such purposes. In the event that suit by either Party is brought to enforce this Agreement, the prevailing Party shall be entitled to all costs and fees, including reasonable attorney’s fees, incurred in bringing such suit.
6. Liability. You warrant and represent that You own the rights to the URL(s) for which services will be provided and that any content or material contained in or on Your URL(s) does not infringe upon any intellectual property rights. You warrant, represent, and agree that Your use of Iterate's services is only for lawful purposes and that no unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or other objectionable material of any kind, including, but not limited to, any material which would constitute or encourage conduct that is a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Furthermore, You agree to defend and to hold Iterate harmless for any liability, for any claim, expense, cost, and attorney’s fees, it incurs in providing you its services and to indemnify Iterate to the full extent of such liability. You hereby expressly waive any claim against Iterate for or arising out of any loss of Your data or information through corruption, piracy, and breach of security or for any other reason. Under no circumstances will Iterate be liable for any direct, indirect, special, incidental, or consequential damages or lost profits arising out of or in connection with Iterate's services. Your exclusive remedy and our maximum liability shall be limited to the amount of money You paid Iterate for its services.
7. Entire Agreement. These Terms and Conditions, and any attached referenced pages or webpages constitute the entire Agreement between You and Iterate regarding their subject. No modification, oral or otherwise, of this Agreement is valid unless in writing and signed by both You and Iterate.
8. Case Studies. Iterate reserves the right to use the data and analysis from the optimization work performed for case studies both written on paper and digitally on Iterate’s website. If the client requests, Iterate will anonymize the data to exclude any sensitive information the client does not want to publish.
9. Ownership. Iterate owns the work completed until the payments are complete in full. If the payments are not made in full, Iterate retains ownership of the work.
10. Representative. You will designate a representative who will serve as your single point of contact with Iterate for the purposes of supervising and managing your account and its performance with Iterate. All issues will be communicated to, by, and through this representative and will be authorized to respond on your behalf with respect to those issues.

Invoices and Estimates

By making a payment towards any estimate or invoice; the client is agreeing to the terms and conditions found on this page.

If there are any tasks NOT itemized on an estimate or invoice that the client expects to be completed, then they are NOT included within the scope and budget. This means they will require an additional, or revised, estimate and funding.

Unless specified otherwise all estimates are time-based. Therefore if more time is required than was originally estimated, whether to complete a project or satisfy the client’s expectations, we will notify the client as soon as possible and await written approval of the additional time and respective cost before proceeding with unapproved time.

Project Process

Website Development Projects

Design

Before we promise to begin general development and programming, the client must provide written approval of the design files. Once approval is received, the design phase of the project is considered complete and any further revisions requested by the client will be billed by the hour.

Standards

When integrating a content management system, such as Laravel Voyager or WordPress, into a website clients often wonder if it will change the design of their existing website. Ultimately we can integrate WordPress into any website without modifying the design at all.

However, it’s important that your website's code is standards-compliant. As it relates to the design this means that, unless there is an explicit marketing or functional reason for the design of an element or page to be unique from its counterparts; we will ensure there are consistent standards for the design across the site.

For example; if your website has a button that is a specific width on two pages, but on a third, its size is slightly different, we will match it to the majority.

These types of changes are usually very subtle if noticed by our clients and their users at all. But we opt to disclose this to clients as – on rare occasions – some clients want to pay the extra to avoid standards compliancy in favor of their design preference.

Content

While we will assist clients with implementing their content; the client is ultimately responsible for the development and implementation of their website’s content (all text on the website including navigation, page titles, body, etc…). This means that clients cannot withhold payment or delay the project due to contingency to content.

Training

After the website has been published; training materials can be accessed upon signing into the administrative section of their website. Of course, if the training materials are insufficient, our staff is available to assist the client as is necessary using the pre-paid time that was allocated within the estimate and invoice.

Website & Application Development

Unless specified otherwise in the written estimate/agreement; the client must remit the final payment of the remaining balance immediately prior to the publication of the website or application.

Ongoing

For ongoing website development work you will be charged every Monday, or when the current work is completed, for the previous week's work – whichever comes first.

Recurring Services

• Advertising Management – Min. 6 month commitment. Why?
  • We invest significant time during the first 60 days beyond what is paid for.
  • 6 months gives us sufficient time to experiment with different strategies and measure the strengths and weaknesses between them.
• General Retainers  – Min. 6-12 month commitment, depends on scope of work.

Warranties

Website Development

For clients whose websites are hosted on our servers, and domains are registered through our business account, we offer a lifetime warranty. If You choose to host or register their domain elsewhere; this warranty becomes void. If You choose to delegate access to any third party, such as developers or marketers, any warranties are voided immediately.

The warranty covers any server, code, or design-related issues that cause the site to function differently than was written within the project(s) estimate(s) and proceeding invoice(s).

Administrative access to websites or the code of a client's website is strictly prohibited from third parties. This includes managing plugins and theme files. If a client desires to work with another developer or development company, they must transfer their website to that party. This is to ensure optimum security and reliability of the website and server.

All websites and web applications we develop will be fully operational in the latest and most popular versions of browsers according to the World Wide Web Consortium (basically the government for website development standards).

Plugin Integration

If the client’s project includes the integration of plugins provided by a third party we are not liable in any way to warranty that application. This includes applying clients' requested revisions and enhancements unless otherwise noted in the project's invoice.

Ownership & Rights

Domain Names

ICANN is the organization that regulates the internet. They require at least three specific types of contact information to be registered:

• Owner
• Technical Contact
• Administrative Contact

If we purchase a domain name on your behalf, or transfer an existing domain to our company you will be made, or remain, the listed Owner if you have pre-paid or once you have reimbursed us for the expense.

Once a purchase or transfer has been made ICANN requires that the domain name cannot be transferred again for 60 days. This is not our policy, it’s out of our control.

The process of transferring a domain is technical and requires someone with experience like a professional web programmer. However, we will assist, at no additional charge, with that transferring process for up to 30 minutes (the transferring process should only require 5-10 minutes for someone with experience).

As long as you are the registered owner you will always be able to transfer your domain to a new provider without needing to communicate with us – as ICANN will send approval and instructional emails to the registered Owner.

Digital Assets

If You employ us and have paid in full for any digital assets (logo, business card, website design, infographic, website code, database, etc…) then we will relinquish intellectual property rights to you at the time they are created and delivered for final approval via a link to a folder on Google Drive. You are responsible to keep track of these assets after we deliver them. If you need assistance downloading them on that date or later you may employ us by the hour or invite a third party to assist.

Photography/Videography Digital Assets

For clients who employ us for photography or videography, we assume we reserve the right to use them as portfolio pieces unless requested otherwise in writing before the project begins. Otherwise, all intellectual property rights remain with our clients.

Damages

The client releases the Company for any and all liability of physical or digital damage to items provided by the Client to the Company for photo or video. The Client retains intellectual property rights but otherwise releases ownership of provided items to the Company.

Access

In general, we provide a link to Google Drive where we store all of your digital assets – apart from website database and code – at the start of a project.

If you employ us for website development, domain registration, and hosting services then you will also receive, upon request, the administrative username and password to the content management system (typically WordPress), as well as the Unix username and password to the web server itself, but there is no username or password to manage your domain as that is a service we manage for you in a private interface. Although, that does not limit your authority to transfer the domain away to another provider at any point.

Will I received training?

Website Development

We provide training materials that will be in step-by-step written, pictorial, or video form. If you require additional training you may hire us at our hourly rate or purchase a retainer for ongoing support.

Project Conditions

Website Development

If you have employed us for a website development project you are responsible for the following:

1. You must provide the content for all of the pages on your website in a Rich Text Format document such as Google Documents, Microsoft Word, etc…
   1. This includes all media, such as images.
2. Any content revisions that you want to make after that are out of scope and will not be completed by our staff unless that time is paid for. Although, you may enter the content yourself (and request training) after your balance is paid in full.
3. This includes providing photos. If you would like us to acquire them for You we can do so at our hourly rate, and You will be responsible for paying the fee to the stock photography company we acquire the photos from if you approve them, beyond the scope of any existing Agreements.

Content Implementation

For projects where we are required to implement content that has been provided to us, we do not guarantee our estimated labor. This is due to a high degree of subjectivity to how the content is laid out, a high level of variance among website content editors and respective Themes, etc… We will, however, provide written notice and await written approval if we believe we will require more time.

If we require more time to implement content than was estimated and you decide not to give written approval to continue you are still obligated to make payment for the previously approved labor.

Form Creation

When a project requires the creation of a form from a document, or otherwise, unless explicit instruction is provided, we reserve the right to use our discretion as to how the form will be coded, what tools will be used to develop it (such as WordPress Plugins), what types of fields will be used when it’s being developed, etc…

For forms that require signatures, unless explicit instruction is provided, we assume that a checkbox accepting the Terms & Conditions along with a field for their first name and last name, as well as automatic capturing of their IP address is acceptable.

If explicit instruction is provided, it must be included in the Proposal before payment is made to ensure those expectations are accounted for in the project’s budget and timeline.

What information do we collect?

We collect information from you when you register on our site, place an order, submit a contact request, or subscribe to our newsletter.

When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, or credit card information. You may, however, visit our site anonymously.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

• To personalize your experience – Your information helps us to better respond to your individual needs.
• To improve our website – We continually strive to improve our website offerings based on the information and feedback we receive from you)
• To improve customer service – Your information helps us to more effectively respond to your customer service requests and support needs)
• To process transactions – Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
• To send periodic emails – The email address you provide for order processing will only be used to send you information and updates pertaining to your order.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information we use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone or by contacting customer service.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at any time by logging into their control panel and going to the ‘Edit Profile’ page.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products, and services are all directed to people who are at least 13 years old or older.

Voided Warranty

In the event that the FTP is given to the client, all terms of this warranty are void. Once the FTP is released, anyone with that information has access to the website infrastructure. The FTP, in this case, would be considered public information.

As a business, we can no longer take responsibility for issues involving the website, or website coding, due to the fact that we would no longer be able to trace the cause back to the company.

Online Privacy Policy Only 

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your Consent

By using our site, you consent to our privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

Collections

Clients or customers are subject to collections if not paid upon receipt. We reserve the right to pursue collection or attorney fee’s in the event of non-payment.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the contact form here on our website.

This policy is powered by Trust Guard, your PCI compliant scan authority.