You must accept the Terms laid out below before utilizing our Services. If you do not accept the Terms, you will be unable to order any Services from us. We recommend printing a copy of the Terms or saving them to your computer for future reference.
Definitions:
Agency (‘We’, ‘Us’, ‘Our’) = PSG Media Solutions LLC d.ba fernflo & employees, associates, and subcontractors.
Client (‘You’) = means both the individual signing the Agreement and the business on whose behalf the individual is signing the Agreement and the terms “Your” and “your” shall be construed accordingly.
Services = Service plans our agency offers
Hourly Rate (for Custom Service) = What we charge per hour of custom service. Currently $200/hr with half hour minimum.
Service Plan = A package of services we provide you.
Service Fee = The cost of the recurring service that you signed up for.
Start of Service = When you sign up for an account on fernflo.co, begin a service plan, or engage our company for services.
Service Period = The period where we will be providing services to you, starting after the launch of website or upon 30 days – whichever sooner.
Service Plan Information / Plan Details = Details and costs of the plan made available on our website fernflo.co on plan sign up pages, checkout, or inside your user dashboard.
Setup Fee = The fee we charge for setup of our service plans.
Ad Budget = The budget we allocate on your behalf.
Target Ad Budget = How much you would like us to allocate on your behalf.
Onboarding Period: Period from Start of Service to Service Period, during which we will be getting your account setup to begin your Service Period.
Scope:
This agreement applies to all work with fernflo and shall be governed by and construed in accordance with the laws of the State of Rhode Island, without regard to its conflict of laws provisions. Should any part of this agreement be declared invalid or unenforceable by a court, the remainder will continue to be valid and enforceable.
Your use of our website, or signup or engagement of services with us constitutes acceptance of this agreement.
Confidentiality & Data:
Client agrees to share necessary information for completion of the requested services or business relationship as a whole. Client also acknowledges and agrees that information or materials provided to the Agency may be shared with third parties. This includes but is not limited to third-party software or service providers, subcontractors, etc.
Communication:
Our main mode of communication due to ease of collaboration, and often complexity of discussion, is email. Both parties (Client & Agency) agree to respond in a timely manner (under 3 business days) to project or service related communication via email where possible during the onboarding process.
If you become unreachable during a project, work may pause and timelines may be affected. This may involve putting your project on hold to accommodate other clients.
Liability:
You agree to indemnify and hold the Agency harmless against all claims, costs, and expenses, including attorney’s fees and financial or business impact arising from the use, purchase, hire, or discontinuation of our services or products.
Intellectual Property Ownership:
Copyright and ownership of any design, design materials, websites or code, photography, copywriting, and all other mediums created are retained by our agency and is non-transferrable.
Third Party Licensing & Software:
We also may use software, subscriptions, or assets that were licensed exclusively to and paid for by our Agency to provide service. This will be retained by our agency, including any data hosted within any software as well.
Content:
Website content, code, materials, software, and stock imagery will be provided by our agency. Rights to any of this licensed or produced by our agency are retained by our agency and non-transferable. You authorize us to create content on your behalf and display it publicly. You also authorize us to publish or modify content that is available to the public, and understand that due to the dynamic nature of the web that this may happen without your prior review.
Payments & Charges
Payment Method on File Required:
We require an up to date and valid payment method on file to be set up with our company to bill for recurring services and hourly billed (non-project) services provided. You authorize us to charge the payment method on file for this purpose. You also assert that you are authorized to use that payment method and that any payment information provided is accurate.
When Costs Are Incurred:
Setup fees are incurred from the first day of your sign up to a paid service plan and Service Fees are due in full at the beginning of each renewal of your Service Period.
Non-Payment:
All services or projects may be halted at our discretion if nonpayment occurs and is not remedied within 7 days. We are not liable for damages resulting. This includes denial of access to our services, storage, and software and will leave the website publicly unreachable. During the 30 days following non-payment, you authorize us to place notice on the website that it has been disabled with instructions to contact our support for more information.
After 30 Days of Non-Payment:
Any data in our possession or under our control in third party software or services will be retained by us for a period of 30 days from the payment due date, and if payment has not been made we reserve the right to delete it from our systems and downgrade your service plan to a free tier. This can have catastrophic consequences to your search presence or business which you understand that we are not liable for.
Sign Up After Termination for Non-Payment:
After 30 days of non-payment, you will need to go through the onboarding process again and pay any associated fees to get your service plan reinstated. We do not guarantee that your results will be the same as your previous term due to account interruption and it’s effects on the service we provide.
Payment Recovery:
A late fee amounting to 10% of the total overdue invoice or $100, whichever is greater, will be added to each outstanding invoice or charge upon reaching 15 days overdue. An additional late fee of 1.5% per month will be applied upon 30 days, and will accrue from the due date until full payment is received.
After 30 days, we reserve the right to initiate collection proceedings. You will be responsible for all additional costs incurred for us to collect payment. This includes, but is not limited to, legal fees, collections agency fees, and any other costs associated with recovering payment.
Third-Party Costs & Payments:
We may manage Ad Budget on third party websites and platforms on your behalf. It is your duty to ensure all payments to those third parties are made in a timely fashion, and we are not responsible for the costs associated with these services or any liability for their use. It is your responsibility to ensure that you are complying with the terms and services of these platforms, and that your budget remains within your desired range. As these platforms are a separate company, and you are engaged with their services, we are also not responsible for charges that exceed your target budget and will not provide credit or reimbursement if that does happen.
Project Additions & Work Outside Project Scope:
Work requested beyond the scope of our service packages (such as added features and unique customizations) will be charged and invoiced separately at our regular hourly rate and will be due within 15 days after we send and invoice. Additions and out-of-scope work may also change the delivery timelines of projects we have with you.
Service Guidelines:
Service Period:
Your service period begins upon the launch of your website or upon 30 days after signup, whichever sooner. You will be automatically charged at the beginning of your service period and on a recurring basis according to the details found in the Plan Information of the plan you selected.
Service Cancellation:
Should either party decide to terminate service we will cease service upon the last day of the paid period or earlier if requested. To avoid the billing of the next service period, notice of cancellation must be given via email to support@fernflo.co 15 days before the beginning of the next service period. Any payments made, including account setup fees, that were previously made are non-refundable.
Support Requests:
Minor support requests such as changing an image, modifying text, changing contact information and lead routing are included with paid service plans. Work outside of that scope – such as but not limited to, changing URLs, creating new landing pages or service pages, major site modification, will be billed at our regular hourly rate with a half hour minimum and will be billed to the payment method on file with your next recurring service billing invoice. If invoiced separately, the invoice will be due within 15 days.
Examples of these tasks include, but are not limited to:
- Consultation, Strategy, and Status Reporting through Phone, Text, Email, and Video
- Handling Billing Issues With Companies Such as PayPal or Google
- Communicating With Client Staff & Third Party Vendors on Behalf of Client
- Support or Work Requests From Client’s Vendors
Upgrading or Downgrading Service Plan:
You may upgrade or downgrade your service plan at any time. The switch of a service plan may initiate an account setup fee relative to the plan you are upgrading or downgrading to, and time to enable the upgrade or downgrade will be detailed on the plan details page. We do not provide account credit or refund for partial use during upgrade or downgrade. However, our system may prorate your upgrade costs.
Website Information
Our websites are created using proprietary processes, techniques, and strategies and are licensed for your use on a temporary and limited basis during your service period.
- You always maintain ownership of your domain address (the actual .com) and may choose to transfer that at or repoint it at any time.
- We retain all data associated with the website that is included with your service, and any associated accounts we created with third parties. We will not provide any copies or transfer of ownership of data from either during your service period or upon termination of service by either party.
- We do not provide you or third parties access to the backend of our website system. All change requests will need to go through our support team at support@fernflo.co.
- We reserve the right to terminate services at any time if we feel that providing you service may compromise our systems or be detrimental to us or other users at any time.