Agreement between user and Reliable PSD LLC
Welcome to Reliable PSD LLC. The Reliablepsd.com website (the "Site") is comprised of various web pages operated by Reliable PSD LLC. Reliablepsd.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Reliablepsd.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Reliablepsd.com is a company Site. Reliable PSD LLC offers design, front-end development and back-end development services.
Visiting Reliablepsd.com or sending emails to Reliable PSD LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children under thirteen
Reliable PSD LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Reliablepsd.com only with permission of a parent or guardian.
Scope of work
Prior to Reliable PSD LLC beginning work on a project, they will provide the Client with a detailed proposal outlining project deliverables, pricing, and approximate timeline.
Proposals are estimated on an hourly basis and broken down by phase. The amount of time allocated to each phase may fluctuate, but unless otherwise noted, the total project cost will not exceed the maximum hours outlined in the project proposal, with the exception of content migration costs, add-ons, or out of scope requests.
If any new files, designs, materials, functionality, or specifications are introduced after the commencement of the project, they will be quoted separately. The only files, designs, materials, functionality, and specifications included in the total project cost are those which are 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 reserves 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.
Under normal circumstances, the Client’s project will commence within 2 business days of Reliable PSD LLC receiving payment and all materials needed to begin the Client’s project. The start date is subject to change at a moment’s notice and depends on Reliable PSD LLC’s waitlist and capacity for new projects. After payment and receipt of all needed materials, Reliable PSD LLC will confirm the start date and the project timeline will follow the delivery schedule outlined in the proposal.
Any delay in receiving required materials, feedback, approval of presented items, or additional information from the Client may cause delays in the estimated turnaround time and extend the project timeline.
As outlined in the proposal, the Client’s project may be completed in multiple phases. Depending on the project, these phases may include but are not limited to some or all of the following:
- Back-end development (WordPress, PHP);
- Post-launch support, maintenance and/or updates.
After Reliable PSD LLC has completed each phase, the Client will be asked to review and approve the phase in writing before Reliable PSD LLC will begin work on the next project phase.
By approving the phase, the Client indicates that they are satisfied with the work and accept it as-is without further changes.
The cost for the Client’s project will be outlined in the proposal provided by Reliable PSD LLC. Each project phase is estimated on an hourly basis and will include a range of hours. If the client decides to move forward and begin the project, they have two different payment options:
If the client chooses to pay by the project, full payment for each project phase is due prior to beginning that phase. For example, before HTML development can begin, payment for the full estimated range of hours for HTML development is due. Upon approval of HTML for WordPress, payment for the full estimated range of hours for WordPress development is due.
Under no circumstances will Reliable PSD LLC begin work without prior payment in full for each phase consistent with the project proposal.
In the event Reliable PSD LLC does not need the full time quoted in the project proposal, the Client may use the remaining project balance as an account credit to apply to a future project or they may request a refund of any remaining balance.
If the client chooses to sign up for a retainer in order to pay for their project, they will make a deposit of 100 or 200 development hours in exchange for a reduced hourly rate. These rates are subject to change at any time and can be found on Reliable PSD LLC’s website here: https://www.reliablepsd.com/reliable-retainers/
The initial retainer payment will open the Client’s retainer account and the funds will be immediately available for the Client to allocate to any HTML, WordPress, or design project.
The Client has 1 year from the sign-up date to use their hours. Hours do not roll over. Any remaining balance after 1 year is forfeited.
Retainer payments are non-refundable and recur automatically via an automatic charge every 365 days unless canceled prior to the renewal date.
If the Client wishes to exceed their initial retainer deposit at any point throughout the year whether for another project or maintenance and updates, they may do so for any amount at the same discounted development rate.
Before Reliable PSD LLC will begin work on a project or service request, the client must have a positive retainer balance exceeding the estimate for the phase of work to begin. Reliable PSD LLC will not proceed with any work in the event of a zero balance, negative balance, or a balance that cannot fully cover the scope of work for a project phase or service request.
Reliable PSD LLC cannot be held responsible for any delays arising from the Client’s failure to maintain a positive account balance.
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 Reliable PSD LLC for any work completed up to the point of cancellation.
If the Client paid by the project as outlined in section 6.1 above, Reliable PSD LLC will refund Client for any work paid for and not yet completed. This refund and or payment must take place no later than 7 business days after the cancellation request is received by Reliable PSD LLC.
Should Reliable PSD LLC cancel a project, Reliable PSD LLC will fully refund the client minus charges for any work completed up to the point of cancellation.
In the event of a cancellation by the Client or Reliable PSD LLC, work is deemed completed successfully as is and post-delivery support outlined in section 10 below are forfeited.
If the Client paid for the project by signing up for a retainer as outlined in section 6.2 above, Reliable PSD LLC will immediately stop work on the project and will bill any outstanding balance against the client’s retainer balance. As retainers are non-refundable, no refund will be given in the event of project cancellation by either the Client or Reliable PSD LLC.
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 comprehensive proof and explanation of the matter;
- the Client is not satisfied with the resulting product upon a review on our test server and provides comprehensive proof and 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.
Errors, delays, or issues with the resulting product caused by the Client 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 Reliable PSD LLC may consider a full or partial refund.
If the Client signed up for a retainer to begin their project, any refund given will be in the form of a retainer credit.
Default acceptance criteria are applicable to all projects and all project stages. A delivery is considered accepted if:
- the Client approves a delivery via email or Reliable PSD LLC’s project management system;
- the Client does not send any feedback/change requests within 14 days of receiving HTML and/or WordPress milestones;
Fixes/updates and post-launch support
The Client will have a 14-day code guarantee that begins after their project has been completed and launched as outlined in section 11 below. Should the Client notice any bugs or issues that were part of the original project scope during this 14-day period, Reliable PSD LLC will fix these items at no additional charge.
As the internet is constantly evolving along with various softwares, browsers, and plugins as well as the Client’s own use of the site, the Client understands that Reliable PSD LLC cannot be held responsible for any bugs of issues following their 14-day code guarantee.
Some fixes may be deemed unfixable due to factors outside of Reliable PSD LLC's control, caused by limitations in technology, browsers, and/or software. Whenever possible, 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.
After approving their project and fulfilling any outstanding invoices, the Client may request Reliable PSD LLC to send them their completed files or upload them to the server of the Client’s choosing.
One such transfer, to a server with standard cPanel or Plesk access provided through hosts including but not limited to GoDaddy, HostGator, BlueHost, Liquidweb, WPEngine, Flywheel, or Pantheon, is provided with the cost of the project up to 1 hour. Transfer to servers that do not have a standard cPanel or Plesk configuration are not included in the cost of the project. Non-standard transfers are subject to availability and will be billed on a separate hourly basis.
The Client must request their transfer two business days in advance. Transfers can be scheduled Monday through Thursday with the exception of United States, European Union, and Ukrainian holidays. Friday launches are strictly prohibited as Reliable PSD LLC is closed on the weekends and unavailable to help with any time-sensitive items that may occur following launch.
If the Client does not send any feedback/change request within 14 business days following launch, the project will be deemed successfully completed.
Reliable PSD LLC reserves the right to refuse to work on any project, without the need for providing justification. 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.
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Reliable PSD LLC will be the exclusive property of Client after any and all outstanding balances have been paid. Prior to full payment, all created works under the scope of the project belong to Reliable PSD LLC.
If the Client adds any additional persons to their account or includes them in project communication, for example, coworkers or clients of the Client, the Client accepts full responsibility for any and all charges for services requested by those parties.
Links to third party sites/third party services
Reliablepsd.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Reliable PSD LLC and Reliable PSD LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Reliable PSD LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Reliable PSD LLC of the site or any association with its operators.
Certain services made available via Reliablepsd.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Reliablepsd.com domain, you hereby acknowledge and consent that Reliable PSD LLC may share such information and data with any third party with whom Reliable PSD LLC has a contractual relationship to provide the requested product, service or functionality on behalf of Reliablepsd.com users and customers.
No unlawful or prohibited use/intellectual property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Reliable PSD LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Reliable PSD LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Reliable PSD LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Reliable PSD LLC or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Reliable PSD LLC has no obligation to monitor the Communication Services. However, Reliable PSD LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Reliable PSD LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Reliable PSD LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Reliable PSD LLC's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Reliable PSD LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Reliable PSD LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Reliable PSD LLC spokespersons, and their views do not necessarily reflect those of Reliable PSD LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to RELIABLEPSD.COM or posted on any Reliable PSD LLC web page
Reliable PSD LLC does not claim ownership of the materials you provide to Reliablepsd.com (including feedback and suggestions) or post, upload, input or submit to any Reliable PSD LLC Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Reliable PSD LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Reliable PSD LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Reliable PSD LLC's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Reliable PSD LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Reliable PSD LLC Content accessed through Reliablepsd.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Reliable PSD LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Reliable PSD LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Reliable PSD LLC in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RELIABLE PSD LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
RELIABLE PSD LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. RELIABLE PSD LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Reliable PSD LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Reliable PSD LLC as a result of this agreement or use of the Site. Reliable PSD LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Reliable PSD LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Reliable PSD LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Reliable PSD LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Reliable PSD LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to terms
Reliable PSD LLC reserves the right, in its sole discretion, to change the Terms under which Reliablepsd.com is offered. The most current version of the Terms will supersede all previous versions. Reliable PSD LLC encourages you to periodically review the Terms to stay informed of our updates.
Reliable PSD LLC welcomes your questions or comments regarding these Terms:Reliable PSD LLC
5450 Proctors Bridge Road
Ivor, Virginia 23866
Effective as of December 2, 2020
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