TERMS & CONDITIONS

Our desire is to delight our client! One way is to make clear our understandings with each other. These are the terms of our agreement together:

AUTHORIZATION

You, as the Client, are engaging Ambidextrous Services, LLC (“Company”), a Limited Liability Corporation, located at 139 Technology Drive, Suite C Garner, NC 27529 in this terms and conditions agreement (the “Agreement”) as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on a cloud site with WPMU for the duration specified under "Hosting" below. The client authorizes Ambidextrous Services, LLC to publicize their completed website to web search engines, as well as other web directories and indexes. In certain situations, final delivery of your website may be in the form of a file transfer.

WEBSITE PACKAGE ELEMENTS

Website package elements are stated online at https://uniqueamb.com/web-design-packages. Additional features, pages & functions may incur additional charges.

If you consulted on a specific scope of work, please refer to your email communication regarding items included. Websites will not be owned by the Client until all payments for the website have been received by Company.

PLAN OPTIONS

Subscription Plans – requires a non-refundable fee of $995. The website belongs to Ambidextrous Services, monthly payment required as a true subscription. A buyout option is available upon request (amount generally decreases the longer you have been paying, but the Company shall have sole discretion).

Payment Plans – there shall be eight-twelve equal payments (amount/term depends on package details). The website belongs to Ambidextrous until the last payment has been received by Company. This is a FINANCING plan. Default on your financing plan can incur additional fees and/or discontinuation of services, as well as collection efforts as described in the section below labeled "Default".

Ownership Plans - The entire amount is due upfront and must be paid before work can begin. The website belongs to the customer immediately.

MAINTENANCE AND HOURLY RATE

Your website package details how many pages are included in your initial design. This agreement includes minor webpage maintenance to regular webpages over a 30-day period, including updating links and making minor changes to a sentence or paragraph. If the client or an agent other than Ambidextrous Services, LLC attempts updating the client's pages, time to repair webpages will be assessed at the hourly rate and is not included as part of the updating time.

Changes requested by the client beyond those limits will be billed at the hourly rate of $125.00. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn how to use their own webpage editor.

COMPLIMENTARY SERVICES

Complimentary services included with your website package are optional and are not required by Ambidextrous Services, LLC to fulfill:

One year of free hosting on a Flywheel and/or WPMU server. Access to your hosting account will be provided after full payment. Full access to your database, files, email accounts and ftp user accounts will be provided. Your hosting account includes up to 10 email addresses, including webmail access. Until the final payment is made, hosting is required under Ambidextrous Services, LLC. After the final payment is made, the client may move the site and files to a hosting provider of his/her choice.
One 30-minute training session via Zoom or similar web meeting provider. This tutorial is complementary the first time, additional tutorial sessions will be met with an hourly fee.

PAYMENT OF FEES

By agreeing to the terms and conditions, you authorize Ambidextrous Services LLC to charge your provided credit card and/or bank account for the purchases specified in your agreement and/or subscription. Your payment details will be stored in your profile and will only be used for approved purchases.

Fees to Ambidextrous Services, LLC are due and payable on the schedule agreed to in your subscription package. This agreement begins with an initial payment of a non-refundable fee. All payments will be made in US funds via credit card.

You may pay the balance in full at your convenience prior to the specified time frames without penalty.

When the webpages have been constructed according to the client's original written specifications, your site will be launched, regardless of where your payment is scheduled on the timeline. Access to your hosting account, files and database will be provided upon final payment. There is no penalty for pre-payment of services.

OWNERSHIP OF WEBPAGES

Rights to the finished assembled work of webpages produced by Ambidextrous Services, LLC is owned by Ambidextrous Services, LLC. Upon final payment of this contract (for Payment & Ownership Plans), the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled product (you own it!).

Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Ambidextrous Services, LLC and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Client hereby agrees with the Company owning the website until website has been paid in full. If not paid in full, by signing this Agreement the Client will be receiving financing from Company in the form of monthly payments. Company and Client agree that the only way to protect Company is to use the website, design, graphics, text, and similar intellectual property as security for the full payment. Client further understands that if the website and related items are never paid in full, Client will never own the website contemplated herein.

DELINQUENT BILLS

Delinquent bills will be assessed a $25 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% annual interest penalty will be added for each month of delinquency. Ambidextrous Services, LLC reserves the right to remove webpages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. For past due amounts under $1000, a 50% collection fee is incurred. For past due amounts over $1000, a 30% collection fee is incurred. For hosting fee non-payment, a one time suspension fee of $80 may be assessed if the balance is over 30 days past due. Removal of all files from our web server may occur if final payment is not made within 60 days. To restore your website after file removal, Client may be charged an additional $250 restoration fee.

MARKETING PACKAGE ELEMENTS

Ambidextrous Services, LLC includes various services in our marketing packages. These are displayed publicly online at https://uniqueamb.com/internet-marketing-packages. The features in each package are subject to change without notice or consent.

PURPOSE, COMMUNICATION & APPROVALS

The purpose of any of our marketing packages is to increase the visibility of your website, internet listings, and social media networks to your customers and prospects. This can be accomplished in any number of ways. It is your responsibility to be specific with your expectations and provide the necessary information and access to accounts that will facilitate this purpose.

Our firm utilizes Basecamp for all client communication. Important requests for access, approval, and changes will be posted there. Basecamp will notify you of messages via email. You can access Basecamp via browser or app. Your communication and response are REQUIRED in order to proceed with our recommendations. Please keep in touch with us and review requests made by our team.

FAILING TO PROVIDE INFORMATION OR ACCOUNT ACCESS WILL NOT CANCEL YOUR MARKETING OR BILLING. Our team will make attempts to request this information from you and inform you when access information is inaccurate.

You can override the necessity of communicating on each item by simply stating that you approve of all our recommendations: past, present & future. This will provide permission to publish our changes in a timely manner if you feel you cannot review each item individually. This should be communicated in Basecamp.

PAYMENT & BILLING DATES

You, as the client, authorize Ambidextrous Services LLC to automatically draft your credit card on your billing date for the full amount of your marketing package plan every month. Available billing dates for marketing fees are the 1st, 8th, 15th, 22nd, or 28th. You will be given a choice of these dates when you sign up, however, a pro-rated amount may need to be billed if your chosen date is not within a few days of your startup date.

NO WARRANTY

Ambidextrous Services, LLC does not warrant the marketing services or website will be fit for any particular purpose and does not warrant that the functions contained will meet the client's requirements or that the operation will be uninterrupted or error-free. There is no guarantee for search engine rankings, visibility, contact requests, leads, phone calls, or sales. The entire risk as to the quality and performance of the website, directory listings, search engine results, and social networks is with the client. In no event will Ambidextrous Services, LLC 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 a website, directory listing, or social media account, even if Ambidextrous Services, LLC has been advised of the possibility of such damages.

COPYRIGHTS AND TRADEMARKS

The client represents to Ambidextrous Services, LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Ambidextrous Services, LLC for inclusion in webpages 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, protect, and defend Ambidextrous Services, LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

WEBSITE CONTENT AND PAYMENT

The content of the web pages will be supplied by Ambidextrous Services, LLC via artificial intelligence with human editing. Your website package details how many pages are included in your initial design. In case the client desires additional standard web pages beyond the original number of pages specified above, the client agrees to pay Ambidextrous Services, LLC an additional $200 for each additional web page. All payments will be made in US funds via credit card or bank draft.

Fees to Ambidextrous Services, LLC are due and payable on the following schedule:

Setup fee + monthly fee to initiate the project;
Subscription or financing payment fee drafted via credit card monthly.

COMPLETION DATE

Ambidextrous Services, LLC and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website as soon as possible.
There may be several reasons for delays in our schedule. Ambidextrous Services does not guarantee any particular completion date.
The client agrees to act in an equally expeditious manner to ensure the project stays on the proper timeline.
Regardless of the status of the project, the billing period will continue as set forth in the Payment of Fees section below.

CANCELLATION POLICY

No portion of the initial payment will be refunded unless written application is made within 3 days of signing this contract.

For ALL marketing plans. Ambidextrous Services requires a 30 day cancellation policy. This notice should be provided in written form, via Basecamp, email or letter. There are no cancellation fees. If your recurring subscription is already scheduled prior to the end of the 30-day cancellation period, the full payment is still due. There are no refunds for partial months.

For ALL websites design packages, as advertised publicly at https://uniqueamb.com/web-design-packages#packages, depending on the plan, your contract may require monthly payments. You may not cancel your website project once work by Ambidextrous Services has started. No portion of amounts paid are refundable.

If the client wishes to manage their website and marketing, the plan can be changed to a monthly hosting plan or moved to another host for a one-time migration fee. Company will always retain ownership to any website that has not been paid in full and require the site to be hosted by Ambidextrous Services.

COPYRIGHT TO WEBPAGES

Copyright to the finished assembled work of webpages produced by Ambidextrous Services, LLC is owned by Ambidextrous Services, LLC. 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 product (you own it*).

*A migration fee will be required to move the website unless the website has been fully purchased and paid for by the client. No website shall be removed from Ambidextrous Services, LLC hosting server prior to the website or past due hosting being paid in full.

DEFAULT

A “Default” shall include any of the events named below in this section. In the Event of a Default, all sums due hereunder shall escalate and become immediately due and payable. Each of the following constitutes an "Event of Default" under this Agreement:

the Client's failure to make any payment within thirty (30) days of being due under the terms of the Agreement;
the filing of any voluntary or involuntary petition in bankruptcy by or regarding the Client or the initiation of any proceeding under bankruptcy or insolvency laws against the Client;
an assignment made by the Client for the benefit of creditors; or
the appointment of a receiver, custodian, trustee, or similar party to take possession of the Client's assets or property.

Personal Guarantee: If the Client is an LLC, Corporation, LLP or other entity, then the individuals entering into this agreement hereby agree to, jointly and severally as applicable, personally guarantee the payment and collection of all fees and costs payable under this Agreement, on behalf of said entity.

DISPUTE RESOLUTION

The parties agree that all claims or disputes arising between the parties bound by this Agreement which relate to this Agreement or the breach thereof shall be submitted to one arbitrator for binding arbitration in Raleigh, North Carolina, which arbitration shall be conducted by the American Arbitration Association and in accordance with its Commercial Arbitration Rules. This specifically excludes other methods of dispute resolution, including but not limited to, disputing charges with any credit or debit card processing company such as Visa or MasterCard. Notwithstanding the foregoing, either party may bring an injunction proceeding before a court of equity in the event that damages for a breach are not likely to be an adequate remedy, such proceeding to be brought in a judicial district that includes Raleigh, North Carolina, and the parties hereby consent to the jurisdiction of such court. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The provisions of this Agreement to arbitrate and any other written agreement to arbitrate referred to herein shall be specifically enforceable under the prevailing arbitration law of North Carolina.

MISCELLANEOUS

Proper Conduct. The Client, including any representatives and employees, agrees to conduct themselves professionally towards the Company's staff and representatives, and at no time will engage in profane, aggressive, abusive, violent, destructive, menacing, threatening, or harassing behavior/communication. Improper conduct may, at the Company's sole discretion, lead to a cutoff of verbal communication and/or cancellation of this contract. No refunds will be provided if cancellation occurs due to improper conduct by the Client.

Sole Agreement. This Agreement constitutes the sole agreement between Ambidextrous Services, LLC, and the client regarding this website and any marketing services. Any additional work not specified in this contract must be authorized by a written change order. Continued services after that time will require a new agreement.

Assignment. Ambidextrous Services, LLC reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. Agreement may not be assigned by the Client, by operation of law or otherwise, without the prior written consent of the Company. The Company may assign the Agreement without prior notice or consent of the Client, including without limitation any entity that may acquire all or substantially all of the Company’s assets and business or into which the Company may be consolidated.

Waiver. No waiver of any right or remedy with respect to any occurrence or event shall be deemed a waiver of such right or remedy with respect to such occurrence or event in the future. No waiver of any of Client’s obligations under this Agreement shall be effective unless in writing and signed by the Company.

Reformation/Severability of Agreement. If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, such decision shall not affect, impair or invalidate the remainder of this Agreement but shall be confined in its operation to the provision of this Agreement directly involved in the controversy in which the decision was rendered. If the invalid or unenforceable provision cannot be reformed, the other provisions or applications of this Agreement shall be given full effect, and the invalid or unenforceable provision shall be deemed omitted.

Updated on 12/28/2021