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Terms of Service for PrometheanLink LLC
1. Introduction
Purpose: To outline the terms under which PrometheanLink LLC offers its services.
Acceptance of Terms: By using the services, the client agrees to these terms.
2. Services Provided
Description of Services:
2.1 Scope of Services
PrometheanLink LLC specializes in delivering a range of digital solutions, including but not limited to web development, search engine optimization (SEO), content creation, graphic design, chatbot development, and AI integration services. Our services are designed to meet the specific needs of each client, ensuring a tailored approach to digital marketing and web presence.
2.2 Service Delivery
Web Development: We offer comprehensive web development services, including the design, development, and maintenance of websites. This encompasses everything from simple website overhauls to complex web applications.
SEO and Content Creation: Our services include the development and implementation of SEO strategies and the creation of various types of content such as blog posts, articles, and web content, tailored to enhance online visibility and engagement.
Graphic Design: This includes the creation of logos, brochures, flyers, and other marketing materials.
WordPress Services: We provide WordPress installation, customization, and migration services.
Chatbot Development: Development and management of AI-powered chatbots tailored to client requirements.
AI Integration: Consulting and implementation of AI solutions to optimize business processes and customer experiences.
2.3 Project Management
All projects will be managed professionally from initiation to completion. Clients will receive regular updates on the progress of their projects and will have opportunities to provide feedback during key milestones.
2.4 Customization of Services
We understand that each client has unique needs. As such, services will be customized based on the specific requirements and objectives provided by the client. We will work closely with each client to ensure that the final deliverable meets their expectations.
2.5 Collaboration with Clients
Effective collaboration with clients is crucial for the success of any project. Clients are expected to provide necessary information, resources, and feedback in a timely manner to facilitate the smooth execution of services.
2.6 Modifications and Adjustments
PrometheanLink LLC reserves the right to make modifications to the services offered. Any significant changes affecting ongoing projects will be communicated to the clients as soon as possible. Clients will also have the flexibility to request adjustments to the services being provided, subject to agreement on any changes to costs and timelines.
2.7 Compliance and Legal Considerations
All services will be rendered in compliance with applicable laws and regulations. Clients are responsible for ensuring that their use of our services adheres to all legal requirements pertinent to their industry and jurisdiction.
Service Modifications: PrometheanLink LLC reserves the right to modify or discontinue services with notice.
3. Payment Terms
Fees: are stated in the Promethean Link LLC – Billing and Payment Process document or specified in a quoted statement of work document.
Billing and Payment Process: 50% upfront for projects and the remainder upon completion. Monthly maintenance agreements are billed on the 15th of each month via credit card. Check and Credit Card Payment Accepted for project work. Work can commence only upon signed agreement of the statement of work or when PrometheanLink LLC has billed 50% of the project total. At project completion an invoice for the remaining balance will be sent. A receipt will be sent within 24 hours of receiving payment. Late Payments will incur an additional $25 late fee.
Refund Policy: Refunds are only available for project hours billed. Any cost incurred to third parties for services provided such as hosting, cost per click advertising, etc. cannot be refunded. A written statement requesting a refund is required and PrometheanLink has up to 30 days to provide a refund.
4. Client Obligations
Providing Information: Clients must provide all necessary information, access, and cooperation for the services. A client onboarding document may be required depending upon the complexity of the project.
Compliance with Laws: Clients are responsible for ensuring that their use of the services complies with all laws and regulations. This agreement will be governed by and construed in accordance with the laws of the United States or the State of North Carolina, as appropriate, without giving effect to conflicts of law principles.
5. Intellectual Property Rights
Ownership: Client owns the work product upon final payment. Licensed artwork or third-party software may be under separate agreements.
Licenses: If using third-party materials, any licensing terms will be discussed with the client to determine which is the most suitable arrangement for licensing.
6. Confidentiality
Protection of Confidential Information: Both parties must protect each other’s confidential information. Both parties will not disclose or cause to be disclosed in any way any information or documents relating to the operations of either company, including any trade secrets, proprietary or confidential information, except for the purpose of enforcing this Agreement or as may otherwise be required by law.
Permitted Disclosure: Confidential information can be disclosed as may otherwise be required by law; and shall not be prevented from discussing the terms of this agreement with attorneys they may consult for legal advice.
7. Limitation of Liability
PrometheanLink LLC retains limits on liability to the extent allowed by law, no greater than the amount paid by the client. The client has 60 days to express in written form any dissatisfaction with the services provided from the date of final payment, and PrometheanLink has 60 days to attempt remedy unless otherwise required by law.
8. Warranties and Disclaimers
Service Warranties: PrometheanLink LLC will perform services as proposed in the statement of work presented to client at project inception.
No Implied Warranties: Warranties not expressly made in this agreement are void.
9. Termination of Services
Termination Process: Either party can terminate the contract agreement by communicating in writing to the other a Termination of Services Notice signed by an authorized representative of the party.
Effect of Termination: Upon termination of service, payment obligations are due within 15 days of notice and return of materials are due within 15 days of receipt of terminations of services notice.
10. Dispute Resolution
Governing Law: This agreement will be governed by and construed in accordance with the laws of the United States or the State of North Carolina, as appropriate, without giving effect to conflicts of law principles.
Dispute Process: Dispute Resolution Process
At PrometheanLink LLC, we strive to provide exceptional service and client satisfaction. However, we recognize that disputes may occasionally arise. To address such situations, we have established a clear dispute resolution process.
Step 1: Initial Communication and Attempt to Resolve
Client Feedback: If a client is dissatisfied with any aspect of our services, we encourage them to contact us directly as the first step.
Response Time: We commit to responding to any complaint or dispute within 48 hours of receiving notification.
Resolution Attempt: Our team will review the issue and attempt to resolve it amicably through direct communication, aiming for a mutually satisfactory outcome.
Step 2: Escalation to Formal Complaint
Formal Complaint: If the issue is not resolved through initial communication, clients are invited to submit a formal complaint outlining the specific details of their dispute.
Review Process: Upon receipt of a formal complaint, a designated manager or team will review the situation and provide a proposed solution within one week.
Step 3: Mediation
Mediation Initiation: If the dispute remains unresolved after a formal complaint, either party may suggest mediation.
Mediator Selection: An independent, neutral third-party mediator will be selected by mutual agreement.
Mediation Session: Both parties will participate in the mediation session, where they will present their views and work towards a negotiated settlement.
Costs: The costs of mediation will typically be shared equally between PrometheanLink LLC and the client, unless agreed otherwise.
Step 4: Arbitration
Arbitration Request: If mediation does not resolve the dispute, either party may request arbitration.
Arbitrator Appointment: An independent arbitrator will be appointed by mutual agreement or through an arbitration service provider.
Arbitration Proceedings: The arbitrator will review submissions from both parties and may hold a hearing before making a binding decision.
Binding Decision: The decision rendered by the arbitrator will be final and binding on both parties.
Costs: Each party will bear its own costs, and the arbitrator’s fees will be split equally, unless the arbitrator decides otherwise based on the circumstances.
Step 5: Litigation
Litigation as Last Resort: If arbitration is not pursued or fails to resolve the dispute, litigation may be considered as the final recourse.
Jurisdiction: All legal proceedings will be subject to the jurisdiction of the courts in North Carolina.
General Terms
Good Faith: Both parties agree to participate in the dispute resolution process in good faith.
Confidentiality: All discussions and documents related to the dispute resolution process will be treated as confidential.
Continuation of Services: Unless otherwise agreed, PrometheanLink LLC will continue to provide services to the client during the dispute resolution process.
11. General Provisions
Amendments: PrometheanLink LLC reserves the right to amend these Terms of Service (ToS) from time to time to reflect changes in legal requirements, our service offerings, or business practices.
Severability: If part of the ToS is invalid, the rest remains effective.
Entire Agreement: This ToS constitutes the entire agreement between the parties.
12. Contact Information
PrometheanLink LLC Representative
Name: _________________________________
e-mail: _________________________________
Phone: _________________________________
Date: ___________________________________
12. Signatures
IN WITNESS WHEREOF, the undersigned have executed the agreement as of the dates set forth below.
PrometheanLink LLC Authorized Representative
Date: ___________________________________ Name: ___________________________________
Title: ____________________________________
Client Authorized Representative
Company Name: ________________________________
Date: ____________________________________________ Name: ___________________________________
Title: ____________________________________
