TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and using this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or our services.
The entire content included in this site, including but not limited to text, graphics, or code, is copyrighted as a collective work under the United States and other copyright laws and is the property of FluidRank, LLC. The collective work includes works that are licensed to FluidRank, LLC. Copyright 2016, FluidRank, LLC ALL RIGHTS RESERVED. Any other use, including but not limited to the reproduction, distribution, display, or transmission of this site’s content is strictly prohibited unless authorized by FluidRank, LLC.
Termination of Terms
These terms and conditions apply to you upon your accessing the site and/or completing the registration or purchasing of services. These terms and conditions are also applicable to any breach, alleged breach, or any problems encountered while retaining and using the service of FluidRank, LLC. These terms and conditions, or any part of them, may be terminated by FluidRank, LLC without notice at any time, for any reason.
Your use of this site shall be governed in all respects by the laws of the state of Georgia, United States of America. You agree that jurisdiction over any legal proceeding directly or indirectly arising out of or relating to this site and its service provided (including but not limited to the purchase of FluidRank, LLC services) shall be in the state or federal courts Fulton County, Georgia. Any cause of action or claim you may have concerning the site (including but not limited to the purchase of FluidRank, LLC products) must be commenced within one (1) year after the claim or cause of action arises. FluidRank, LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. FluidRank, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
FluidRank, LLC does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, FluidRank, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability for any contents or activities on the site. However, FluidRank, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property rights of another or (d) offensive or otherwise unacceptable to FluidRank, LLC in its sole discretion.
Upon the full execution of any FluidRank, LLC agreement or proposal, all parties promise and agree that they will not defame or disparage each other, any other party, employee, or individual during or after completion or termination of any project. This includes negative reviews, comments, negative social media posts, Yelp reviews, Google reviews, or any other private agency or company. Should either party breach this paragraph, the non-breaching party will be entitled to damages and attorney’s fees for any suit for enforcement.
To provide increased value to our visitors, FluidRank, LLC may link to sites operated by third parties. However, even if the third party is affiliated with FluidRank, LLC, FluidRank, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of FluidRank, LLC. These linked sites are only for your convenience, and therefore you access them at your own risk. Nonetheless, FluidRank, LLC seeks to protect its website’s integrity, and the links placed upon it and therefore requests any feedback on not only its own site but for sites it links to as well (including if a specific link does not work).
You agree to indemnify, defend, and hold harmless FluidRank, LLC, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, suits, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
General Terms & Conditions between “Client” & “FluidRank, LLC”
Fixed project fees cover services clearly identified in the Scope of Work. If services are requested through a Change Order by Client for items not clearly identified as included in fixed-fee work, hourly costs will be incurred according to Pay by the Hour or Hourly Retainer Plan rates. Optional hourly services are identified on the Scope of Work and may be selected.
All projects are entered onto schedule after receipt of down payment. Start Date refers to the estimated date that we will begin your project. Although every effort is made to meet or exceed estimated completion dates, estimated timelines represent our best estimate only and in no way indicate a guaranteed timeframe for completion. Fluid Rank, LLC (hereinafter “FluidRank”) shall not be liable for any losses or damages (including consequential or incidental damages) which result from delay or failure to complete projects on or before estimated completion dates. The timeline is subject to change based on projects that may have recently entered the schedule—the client could promptly provide requested information to maintain project start and completion dates.
Payment terms are based on project size and subject to FluidRank’s approval as in the payment terms listed below.
Hourly retainers & projects under $1,000 – Payable in advance
Projects $1,000 – $7,500 – 50% down payment, 50% due on completion
Projects $7,500 – $15,000 – 50% down payment, 30% due 4 weeks after signed contract date, 20% due on completion
Projects $15,000+ – 40% down payment, progress payments divided over the course of the project as specified in Scope of Work
International Projects – payment due in advance with a signed contract
Client delays – If the project is delayed by the client and FluidRank is waiting on necessary approvals, information, or contents required from the Client to complete the project, final payment will be due in full no later than 30 days from the Start Date.
All invoices are due on receipt. Preferred payment methods include Wire Transfer, Cashier’s Check, and Money Order. Visa, MasterCard, Discover, Amex, or PayPal are also acceptable payment forms with a 3% transaction fee. All payments over $7,500.00 are required to be company check, cashier’s check, or bank wire payable to FluidRank, LLC.
If at any time following acceptance of Scope of Work, Client desires to add additional services, Client shall submit this request in writing, at which time FluidRank will provide a Change Order to be signed by the client and shall be deemed part of this agreement. Work will not commence on change orders until written authorization is received.
HOSTING & DOMAIN
Unless specifically stated in Scope of Work, the client is to provide a suitable paid hosting account for its website capable of running chosen web applications, along with unhindered access to the hosting account to allow FluidRank to upload files, install software, or make other changes as appropriate for the project. The client will provide its own domain name unless specified in Scope of Work. The client will provide its own SSL certificate unless specified in the Scope of Work.
Support for web development is not included unless mentioned in the scope of work above. FluidRank, LLC works to ensure the website is free from bugs before launch. Any bugs included in the development FluidRank will fix at no charge for 21 days after launch. After that, FluidRank offers hourly support at $125.00 per hour or in hourly blocks at a reduced rate. All support tickets are reviewed within 24-48 hours. In the event you need priority support, you must purchase an hourly block in advance. FluidRank requires a scope of work, and an explanation of services needs to determine the estimated hours needed to complete the mentiowork scopework.
The client must purchase licenses to the software required to operate the website. Ongoing license updates are the responsibility of the Client. The client is responsible for monthly fees when third-party SAAS applications are used.
WORK IN PROGRESS
After work commences, FluidRank will invest significant resources to complete work on the Client’s hosting server, including uploading and live modifications of CSS, HTML, PHP, and other web files. If at any time, Client or any other third party outside of FluidRank’s control causes FluidRank’s work to be damaged or lost, Client may incur additional Hourly fees to rebuild lost work.
COPYRIGHTS & TRADEMARKS
Client represents to FluidRank and unconditionally guarantees that any creative elements of text, graphics, images, trademarks, or other artwork furnished to FluidRank for inclusion in web pages are owned by Client or that Client has permission from the rightful owner to use provided creative elements.
ASSIGNMENT OF COPYRIGHT
Upon final payment of this agreement, copyright to the finished assembled work of web pages created by FluidRank is transferred to the client. “Finished assembled work of web pages” refers to the overall graphic layout and text created for a client for use on the website. Except for those supplied by Client, rights to graphics, icons, source code, application code, design proof files, and computer programs are specifically not transferred to Client and remain the property of FluidRank or their respective owners. Rights to all content, including text, photos, graphics, logos, and design proof files submitted by Client to FluidRank remain the Client’s property. FluidRank retains the right to display the website’s graphics, videos, or screenshots as examples of work in its portfolio and display an attribution link in the website’s footer.
FluidRank does not warrant that the functions contained in the web pages or the website will meet the Client’s requirements or that the website’s operation will be uninterrupted or free of error. FluidRank will not be held liable to Client or any third party for damages, including lost revenue, profit, lost savings, other incidental, consequential or special damages arising out of site downtime or the normal operation thereof. This agreement shall be governed by and construed following the laws of the State of Georgia.
The Client may not cancel this agreement under any circumstances without the written consent of FluidRank and upon terms that indemnify FluidRank against all loss.
FluidRank shall indemnify, defend and hold you harmless against any claims brought against Client to the extent FluidRank infringed on any trademark, copyright, or patent in the United States or misappropriated any trade secret of a third party and will pay damages and costs awarded therein against Client if notified promptly in writing of such suit and given complete control of the defense or settlement of same; provided, however, that FluidRank shall not be held liable for any claim of infringement based on the use of the content, photos, software, images or graphics provided by Client and over which FluidRank has no control, and further provided that the liability of FluidRank under this agreement shall in no event exceed the amount paid FluidRank by Client hereunder.
Although we endeavor to give each visitor the same website viewing experience, FluidRank cannot guarantee all design elements work with all browsers, especially older browsers that don’t support HTML5 or CSS3. Our sites look best in Internet Explorer 11+, Microsoft Edge 17+, Firefox 64+, Chrome 71+, Safari 12+. Mobile template design not included, unless specified above.