DISCLAIMER OF WARRANTY
The User agrees that, except as otherwise might be explicitly provide herein, access to the site, and use of the Services is at the User's own risk. Neither Reliable PSD LLC nor its officers, directors, employees, affiliates, or agents warrant that the Services may be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, suitability, or content of the Services. All other Services are provided on an "as is," "as available" basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or audience, and non-infringement. In no event will Reliable PSD LLC or its directors, officers, employees, affiliates, or agents be liable to the User or any third party for any incidental, indirect, special, or consequential damages (even if Reliable PSD LLC has been advised of the possibility of such damages), arising out of the User's use of or inability to access the site, or to use any other Services, including, without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to Reliable PSD LLC's records, files, programs, or Services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states Reliable PSD LLC's liability is limited to the greatest extent permitted by law, not to exceed the amount paid for the Services.
The User agrees to indemnify and hold Reliable PSD LLC and its affiliates, officers, agents, partners, and employees, harmless from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by the User through the Services, your use of the Services, your connection to the Services, or your breach of the TERMS AND CONDITIONS.
SCOPE OF WORK
The User will be provided with a detailed proposal outlining all project functionality, pricing, and timeline associated with their project and design at the commencement of each project.
If any new files, designs, materials, functionality, or specifications are introduced after the commencement of each project, they will be quoted for separately. The only files, designs, materials, functionality, and specifications included in the total project cost are those which are detailed and outlined in the project proposal.
Reliable PSD LLC reserves the right to amend the pricing for any changes or additions to the project subsequent to their commencement of the project. Reliable PSD LLC also reserve the right to revise the quote or refuse to work on a project and issue a refund in case an actual scope of work required for the project completion substantially exceeds or exceeds at all the price listed in the project proposal.
Expedited delivery service is sometimes available for extra charge depending on availability.
Your project will commence within 2 business days of Reliable PSD LLC receiving payment unless otherwise specified by Reliable PSD LLC and will follow the delivery schedule outlined in each project proposal. The estimated project timelines are provided in each project proposal as well.
Any delay in receiving required materials, feedback, or information from the client may cause delays in the estimated timeline and extend this timeline.
Default acceptance criteria are applicable to all projects and all project stages. A delivery is considered accepted if:
- the Client approves a delivery in the client area or via email or
- the Client does not send any feedback/change requests within seven (7) business days for HTML projects and within fourteen (14) business days for CMS integration I development projects.
FIXES/ UPDATES AND POST-DELIVERY SUPPORT
Reliable PSD LLC provides all fixes for items within the original project scope (if any) for free until the project is accepted according to the "ACCEPTANCE" paragraph.
Paid updates I changes are available upon request and payment for these is due upfront.
Some fixes may be deemed unfixable due to factors outside of Reliable PSD LLC's control, caused by limitations in technology and I or software. Reliable PSD LLC will advise an alternate solution in the event that a requested fix is deemed unfixable. Some alternate solutions may require an added charge to be implemented. Reliable PSD LLC will exhaust non-paid options prior to suggesting paid ones.
A full refund will be considered based on the following reasons:
- the Client's order cannot be completed;
- the Client's request to cancel the order is received before the development is started;
A partial refund will be considered based on the following reasons:
- the Client is not reasonably and legitimately satisfied with the quality of the code or Services and provides a comprehensive proof I explanation of the matter;
- the Client is not satisfied with the resulting product upon a review on our test server and provides a comprehensive proof I explanation of the matter. A refund may be issued upon the confirmation of both parties, and upon the clearance of all details related to the refund.
If the order is completed according to the specifications of the Client, some minor errors should be deemed acceptable and cannot be a reason for full or partial refund. These are covered in the FIXES/ UPDATES AND POST-DELIVERY SUPPORT clause above.
Errors, delays, or issues with the resulting product caused by the User not providing Reliable PSD LLC with materials or information needed to successfully complete the project cannot be a reason for a full or partial refund.
If a refund is requested due to the Client not being satisfied with the resulting product upon a review on Reliable PSD LLC's test server, and the Client provides comprehensive proof I explanation, Client must provide Reliable PSD LLC the opportunity to correct any errors or issues in quality causing the lack of satisfaction. If after such reasonable efforts the Client is still not satisfied, then the partial or full refund process may take effect as described in the full and partial refund terms stated above.
Whether due to a conflict, unexpected happening of life, or any other reason, either party in this agreement may cancel the project at any time. In the event of the Client cancelling the project, Client must pay Service Provider for any work completed up to the point of cancellation. Service Provider will refund Client for any work paid for and not yet completed. This refund and I or payment must take place no later than 7 business days after the cancellation request is received by Service Provider.
Should Service Provider cancel a project, Service Provider will fully refund Client unless Client requests work completed up to the point of cancellation. In this event, Service Provider will provide Client with said completed work and refund Client for any incomplete work or bill Client for any work completed but not yet paid for.
In the event of a cancellation by Client or Service Provider, work is deemed completed successfully as is and fixes I post-delivery support are forfeited.
For projects under $2000 (USD), full payment is required upfront. For projects over $2000 (USD), payment for these Services will be to Reliable PSD LLC at the rate of a 50% deposit of the total project cost per each project and must be made before the commencement of each project. An invoice will be sent to the Client for this amount, which will fluctuate per each project. Client understands that work may not begin until this deposit is received. At the end of each project over $2000 (USD), upon Client's approval of work completed by Reliable PSD, as covered in the ACCEPTANCE clause, the Client will be invoiced by Reliable PSD LLC for the remaining 50% balance which is due immediately upon receipt.
At that time, files will either be delivered via email to Client by Reliable PSD LLC, or if needed, Reliable PSD LLC can upload said approved files to the server of the Client's choosing. One such transfer, to a server with standard configuration (such as cPanel access provided through hosts GoDaddy, HostGator, BlueHost, Liquidweb or WPEngine, Flywheel, Pantheon), is provided with the cost of the project up to 1 hour. Transfer to servers such as Amazon Web Services that do not have a standard configuration are not included in the cost of the project and will be billed separately. Any transfers or future transfers to servers that require configuration over 1 hour, will be billed on an as-needed basis and Client will be invoiced with payment due prior to said transfer.
If the Client does not send any feedback/change request within seven (7) business days for HTML projects and within fourteen (14) business days for CMS integration I development projects, the project will be deemed successfully completed and any outstanding balances will be due immediately (Client will be invoiced).
If the scope of the project expands throughout the course of the project, payment terms may be re-negotiated at the request of Reliable PSD LLC. Reliable PSD LLC may refuse to incorporate out of scope work if payment terms favorable to Reliable PSD LLC cannot be agreed upon.
CONTENT AND TERMS AND CONDITIONS
Reliable PSD LLC reserves the right to refuse to work on any project, without the need for providing justification therefore. Reliable PSD LLC will not provide Services for any project or potential client for content which is offensive, illegal or which contains illicit or infringing material.
The Client is fully responsible for the provision, exploitation, maintenance and use of all content, provided by him or her, including, but not limited to, issues related to:
- correspondence of the Client's content to provisions of laws about copyright protection of all applicable jurisdictions;
- any claims, related to the content;
- immediate reaction for notices to the Client (or affiliated persons) by any person, claiming that the Client's content is infringing the rights of such person.
The Client shall indemnify and hold Reliable PSD LLC, its affiliates, subsidiaries and related companies harmless from any losses, claims, obligations or other liabilities related to or arising out of the foregoing.
LOCAL LAWS; EXPORT CONTROL
Reliable PSD LLC controls and operates the Site from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If the User uses the Site and its Services from other locations, the User is responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Reliable PSD LLC also disclaims responsibility for any User attempting to do business accessing the Site, the User agrees to the above stated TERMS AND CONDITIONS. This Agreement is entered into in the State of Virginia and shall be construed in accordance with the laws of the State of Virginia, exclusive of its choice of law rules. Each party to this TERMS AND CONDITIONS submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of Virginia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these TERMS AND CONDITIONS, the prevailing party will be entitled to costs and attorneys' fees. In the event that any provisions of these TERMS AND CONDITIONS are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these TERMS AND CONDITIONS shall otherwise remain in full force and effect. These TERMS AND CONDITIONS and any posted guidelines or rules applicable to the Site and Services subject to this Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled.