TERMS OF SERVICE:
Website development, ongoing support & internet marketing
All Graphic Design, Web Design & Development and Ongoing services provided by Amy Merrill (Merrill-Hinman Inc., or “Merrill Web”) are subject to the following terms and conditions.
Estimates & Contracts
Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.
Charges & Fees
All new web design projects require an initial 50% deposit that will be due at contract signing. The remaining 50% balance will be due upon acceptance of the completed web development project before it is released to the client.
All new web design projects that exceed $2,000 US can be split into three payments. An initial deposit of 1/3 of the total project cost will be due at contract signing. A second payment of 1/3 the total project cost will be due upon acceptance of the design. The final balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.
Any check payments that do not clear will be charged a $35 fee. Merrill Web retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)
Merrill Web accepts payments via Cash, Check, PayPal and all major Credit Cards. Your payment should come from PayPal available funds or credit card. Your project will not be released to you or uploaded until full payment is received.
Web Site Design Credit
Merrill Web custom web design clients can approve the hosting of a Merrill Web link on their website footer. This will be discussed at time of site launch.
Copyright & Ownership
Upon completion of the project, Merrill Web transfers all rights and ownership of designs and programming written by Merrill Web to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners. Merrill Web reserves the right to display websites and graphics that have been designed on their website, and in any marketing material to aid as examples of our work.
Merrill Web requires a deposit before we begin work on any project. A request to terminate services must be presented to Merrill Web in writing. No refunds on work already completed. If after paying the deposit the client no longer wishes to continue, and work on the site has not begun, the client can opt out of the 2nd payment. We are unable to offer refunds on hosting and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs. Merrill Web will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project. If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
Services purchased from Merrill Web are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall Merrill Web be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/ore goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
We are happy to accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via Credit Card. This is non-negotiable. Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Please note that by submitting your Deposit or downpayment for our services you are agreeing to all of our terms of service as written here. Merrill Web reserves the right to change or update these terms at any time without prior notice.
Ongoing Support & Internet Marketing Services
Are subject to the above terms and are paid on a yearly, monthly or hourly basis depending on the agreement details as stated in the original estimate(s).
disclose information we obtain. All other terms not defined herein will have the meanings set forth in the Terms.
“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
AMYMERRILL.COM collects Personal Information when you communicate with us.
Cookies, Automatic Data Collection, and Related Technologies. The Service collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.
When you visit the Service, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Service may not work properly.
By using the Service, you are authorizing us to gather, parse, and retain data related to the provision of the Service and via Third Party Websites.
HOW AMYMERRILL.COM USES YOUR INFORMATION:
to improve our spread of information; and
communicate with you.
We may use aggregate information for any purpose, including for marketing purposes.
Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes only and may provide it to third parties to allow us to facilitate the Service. We may use and retain any data we collect to provide and improve our services.
Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.
Marketing. We may use information, including Personal Information, to provide online advertising on the Service and to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
Aggregate Data. We may anonymize and aggregate data collected through the Service and use it for any purpose.
AMYMERRILL.COM MAY DISCLOSE/SHARE YOUR INFORMATION:
with our third-party service providers;
to protect and defend our rights and property; and
with your permission.
We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.
We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Service.
Social Networking and Other Websites. The Extension may allow you to share information, with social networking websites, such as Facebook. We do not share your Personal Information with them unless you direct the Service to share it. Their use of the information will be governed by their privacy policies, and you may be able to modify your privacy settings on their websites.
Search Engines. Personal Information, such as your name, if you select your name as your username, may also be accessible via search engines or similar services.
Marketing. We may allow access to aggregated and/or anonymized data collected by the Service to enable the delivery of online advertising on this website, or otherwise facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.
We may also disclose your Personal Information with your permission.
SECURITY OF YOUR INFORMATION
BY USING THE SERVICE OR PROVIDING PERSONAL INFORMATION TO US, YOU AGREE THAT WE MAY COMMUNICATE WITH YOU ELECTRONICALLY REGARDING SECURITY, PRIVACY, AND ADMINISTRATIVE ISSUES RELATING TO YOUR USE OF THE SERVICE. IF WE LEARN OF A SECURITY SYSTEM’S BREACH, WE MAY ATTEMPT TO NOTIFY YOU ELECTRONICALLY BY POSTING A NOTICE ON THE SERVICE OR SENDING AN E-MAIL TO YOU. YOU MAY HAVE A LEGAL RIGHT TO RECEIVE THIS NOTICE IN WRITING. TO RECEIVE FREE WRITTEN NOTICE OF A SECURITY BREACH (OR TO WITHDRAW YOUR CONSENT FROM RECEIVING ELECTRONIC NOTICE), PLEASE NOTIFY US AT AMY@AMYMERRILL.COM.
We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Service is directed to children under the age of 13. We will take steps to delete it if we learn we have collected it. If you learn that your child has provided us with Personal Information without your consent, you may alert us at AMY@AMYMERRILL.COM. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information.
By using the Service, you will transfer data to the United States.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.
UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION
Google Analytics: Used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect certain information, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.
Click here for more information on Google Analytics.
Squarespace: Used for website hosting. Click here for Squarespace's terms.
For additional services info, please contact AMY@AMYMERRILL.COM.