Warning: include(nav.php) [function.include]: failed to open stream: No such file or directory in /nfs/c06/h05/mnt/94255/domains/pearsestreet.com/html/terms.php on line 19

Warning: include() [function.include]: Failed opening 'nav.php' for inclusion (include_path='.:/usr/local/php-5.3.8/share/pear') in /nfs/c06/h05/mnt/94255/domains/pearsestreet.com/html/terms.php on line 19

Terms & Conditions

By utilizing the Pearse Street Consulting web sites (www.pearsestreet.com, www.socialfocus.com, www.socialnetworkable.com, www.designog.com), design services and/or submitting a project via e-mail, quote request form, phone, fax or in person, to Pearse Street Consulting, Inc., you (THE CLIENT) agree to the Terms and Conditions of Use (TERMS AND CONDITIONS) as outlined below. Please acquaint yourself with our TERMS AND CONDITIONS before submitting any order for web site, flash animation or multi-media design (THE PROJECT). If you do not accept these Terms and Conditions, you may not use Pearse Street Consulting design services, studio or web site(s).

1. Authorization. The client is engaging Pearse Street, a Massachusetts corporation, as an independent contractor for the specific project of developing and/or improving a website to be installed on the client's web space on a web hosting service's computer or on client's MySpace profile account. The client hereby authorizes Pearse Street to access this account, and authorizes the web hosting service to provide Pearse Street with "write permission" for the client's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Pearse Street to publicize their completed website to Web search engines, as well as other Web directories and indexes.

2. Acceptable Payment. Pearse Street accepts company check, wire transfer, money order, PayPal or major credit card. Credit card information submitted with an initial design order form authorizes Pearse Street to process deposit payments, progress payments and/or balance payments of agreed-upon services with the card information on file without notice to the client. Client may request to pay with an alternative method prior to project completion. Services requested by the client by phone or email beyond those detailed in an order form are subject to these terms & conditions. Payment options can be agreed upon in writing, including email correspondence, to include processing a credit card on file if requested.

3. Unprofessional Conduct. Pearse Street reserves the right to refuse service to the client should the client engage in unprofessional conduct with Pearse Street or its subcontractors. Unprofessional behaviors may include but are not limited to profanity, discrimination, harassment, threats of slander, libel or blackmail, or unethical practice. If a client engages in any of these or other unprofessional practices, Pearse Street will halt work immediately and resolve unfinished work per the Refund Policy.

4. Legalities. Notwithstanding anything to the contrary contained in this contract, neither Pearse Street nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. In no event will Pearse Street be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website, even if Pearse Street has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. That said, Pearse Street will take all reasonable action to ensure that the client's web service needs are fairly met.

5. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the state of Massachusetts. It is the express intention of the Developer and Client that the exclusive venue of all legal actions and procedures of any nature whatsoever which relate in any way to this Agreement shall be either the District Court Department of the Trial Court of the Commonwealth of Massachusetts, sitting in Lynn, Massachusetts, or the Superior Court Department of the Trial Court of the Commonwealth of Massachusetts, sitting in Salem, Massachusetts, or the United States District Court sitting in Boston, Massachusetts. The parties agree to waive their right to a trial by jury. The Client consents to said courts having personal jurisdiction over the Client in any action based on this Agreement. Developer agrees that in the event of any breach or threatened breach by Developer, Client may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Client against any such breach or threatened breach.

6. Electronic Commerce Laws. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Pearse Street and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

7. Browser Compatibility. Pearse Street tests web design functionality on Internet Explorer versions 8.0 and 9.0, Mozilla/FireFox via PC, and Safari via Mac. Pearse Street cannot accept responsibility for incompatibility on dated browsers or lack of plug-ins/helper programs if more advanced (non standards-compliant) technology is used. Our social networking software and custom web development projects are compatible with Blackberry (version 4.6 or later), iPhone (3.0 or later), Windows Mobile (version 5 or later), Opera Mobile (version 8.5 or later), Safari Mobile (3.0 or later) and Google Android (1.0 or later).

8. Copyrights and Trademarks. The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Pearse Street for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, indemnify, protect, and defend Pearse Street and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

8. Design Credit. A courtesy link to Pearse Street will appear in small unobtrusive type within the footer of the client's Web site.

9. Copyright to Webpages. Copyright to the finished assembled work of webpages produced by Pearse Street is owned by the client. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Pearse Street retains the right to display graphics and other Web design elements as examples of work completed in its portfolios and marketing materials.

10. Sole Agreement. The Developer and the Client may have entered a contract for services or a Software Agreement, either prior to, in conjunction with, or subsequent to the Client's acceptance of these Terms and Conditions. The Client accepts the Developer's Terms and Conditions as they may be included with this Agreement, or as they may be further amended, at the sole discretion of the Developer. A complete and correct copy of the Developer's Terms and Conditions may be found at the Pearse Street Consulting, Inc. website (www.pearsestreet.com/terms.html), or will be provided upon request. These Terms and Conditions shall be read and interpreted along with any such contract or Software Agreement entered by the Developer and the Client. In the event that the provisions of these Terms and Conditions conflict with those of the contract or those of the Software Agreement, the contract, or the Software Agreement, shall control.

11. Initial Payment & Refund Policy. The Client acknowledges that ten percent (10%) of the initial deposit due upon commencement (as described above) shall be non-refundable and shall be in consideration of the initial administrative actions taken by the Developer. Excepting the amount non-refundable, the Client may halt work and request a refund at any time. The Developer shall prepare and deliver an accounting of the work completed as of the date of the client's request. Work completed shall be billed at an hourly rate of $80 for administrative support and graphic design, $90 for Flash and front-end development, and $110 for advanced programming and consulting, the total shall be deducted from payments previously made by the Client, and the balance of said payments returned to the Client. If, at the time of the Client's request, the prepared accounting shows that work has been completed which is greater in value than the Client's previous payments, the Client shall be liable for the difference.