website leasing terms
Terms & Conditions
The following terms and conditions apply to all website development / design services provided by Fast Track Digital a division of Fast Track Marketing to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Fast Track Digital are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Fast Track Digital reserves the right to alter or decline to provide a quotation after expiration of the 30 days.
Unless agreed otherwise with the Client, all website design services require payment in advance.
- Client Review
Fast Track Digital will provide the Client with an opportunity to review the appearance and content of the site. Client has 10 business days to review the site’s branding elements (logo, and color scheme) and general template for accuracy upon delivery from Fast Track Digital. Fast Track Digital requires that all decision makers related to the templates approval join a screen share conference call to get sign off on design. Client shall request any design element modification to the client manager by close of business on day 10.
- Turnaround Time and Content Control
Fast Track Digital will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Fast Track Digital receiving initial payment, unless a delay is specifically requested by the Client and agreed by Fast Track Digital.
In return, the Client agrees to delegate a single individual as a primary contact to aid Fast Track Digital with progressing the commission in a satisfactory and expedient manner.
During the project, Fast Track Digital will require the Client to provide doctors bios, logos, color schemes, or content from a previous site.
- Failure to provide required website content
Fast Track Digital must remain efficient in order to provide the level of service we have continued to provide since 2004. To do this, we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged. If Client fails to supply requested information within 5 business days of commencement of project, Client’s project will be placed at the back of Fast Track Digital’s production schedule. This does not change the contract payment terms, whereas the payments will continue to be due at the dates specified regardless of website being completed. Add on services will be billed according to the project completion date.
Initial invoice will be provided by Fast Track Digital upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Monthly invoices are charged directly to the payment method on file. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) of the total amount due.
- Additional Expenses
Client agrees to reimburse Fast Track Digital for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, special request stock photography etc.
- Web Browsers
Fast Track Digital makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 11, Google Chrome, etc.). Client agrees that Fast Track Digital cannot guarantee correct functionality with all browser software across different operating systems.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Fast Track Digital’s Web space, Fast Track Digital will, at its discretion, remove all such material from its web space. Fast Track Digital is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Fast Track Digital reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Fast Track Digital in enforcing these Terms and Conditions.
- a Lease Termination
60 days’ notice is required to terminate the current lease agreement at the end of the 12 month period. Client can buy the website at the end of the 12th month for a one-time fee of $999. Additional monthly hosting fees may apply.
- b Website Transfer or Termination
Client is responsible for any fees associated with the website being transferred to another hosting platform. Fast Track Digital is not responsible for site compatibility or issues that may arise from the transfer. Assistance with transfer will be billed at $85 per hour. This does not apply to leased websites.
All Fast Track Digital services may be used for lawful purposes only. You agree to indemnify and hold Fast Track Digital harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Fast Track Digital the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Fast Track Digital permission and rights for use of the same and agrees to indemnify and hold harmless Fast Track Digital from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Fast Track Digital that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- Design Credit
A link to Fast Track Digital will appear in either small type or by a small graphic at the bottom of the Client’s website. The Client also agrees that the website developed for the Client may be presented in Fast Track Digital’s portfolio.
- Post-Placement Alterations
Fast Track Digital cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
- Domain Names
Fast Track Digital may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Fast Track Digital. The domain cost will be charged to the monthly invoice 30 day prior to expiration.
Domain information should be supplied if a domain has been acquired. Fast Track Digital will include 1 hour of technical support for domain transfers, domain server issues etc.
Fast Track Digital does not support client email. We will deliver any settings to the client to update settings accordingly when the site goes live. We are not responsible for any email outages or internal server issues.
- Web Browsers
We do our best to support mainstream browsers. However, Internet Explorer is no longer an active browser that receives updates. We cannot make any guarantees related to Internet Explorer and do not support it.
- Governing Law
This Agreement shall be governed by the State of Colorado
Fast Track Digital hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Fast Track Digital to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.