Terms and Conditions

Process

 

There are four main steps to our process. Each is explained in more detail below:

 

1. Initial Consultation and Establishment of Scope – Here the goal is to gather ideas and determine the look, feel, required features, site goal, budget, domain name, and estimated completion times. All you have to provide is 2-3 examples of what you like, as well as images and text for the website. No fees are paid at this time.

 

2. Proposal – Here an official proposal will be submitted establishing timeline, services, and cost as well as clarifying what was discussed during Step 1. Once approved, a 50% deposit will be made with the remainder due upon completion. This step we prefer to be in person however, in the event the client is not local, we can work virtually.

 

3. Start of Project – At this point the project will be started based on the approved proposal. After completion of the initial design layout, we will submit design/page example for you to review, request changes, and/or approve design. If you are not satisfied with the direction the project is headed we can part ways and you are welcome to a refund of your deposit, minus any cost incurred by Small Fry Support.

 

4. Review and Go Live – In this final phase the remaining pages will be built out and loaded to your hosting server. (What’s Hosting?) Once you are satisfied with the final product we will go live with the site. At this point the remaining balance becomes due.

 

 

Payment Policy

 

Monthly Payments: Monthly payments may be made by credit card. Your credit card will be billed each month for the plan you select. We will AUTOMATICALLY BILL your payment to the credit card you provide each month.

 

Quarterly Payments: Quarterly payments may be made by credit card. Your credit card will be billed each quarter for the plan you select. We will AUTOMATICALLY BILL your payment to the credit card you provide each quarter.

 

Annual Payments: Annual payments may be made by credit card. If you choose to pay by credit card, we will AUTOMATICALLY BILL your payment to the credit card you provide each year.

 

Payments schedule: Payment schedule will be determined during Proposal Phase and initial start date will be established in Final Review. Small Fry Support reserves the rights to change the prices and the payment schedules for any non paid service period at anytime without explicit notice. New prices will be based on our currently posted prices for the same plan and period of service.

 

Auto Renewal: To provide uninterrupted service to your web site - your account will be auto renewed based on payment schedule.

 

Credit Card Payments: customers are responsible for keeping credit card information up to date. Small Fry Support reserves the right to suspend an account and its Web site if, for any reason, we are not able to process payment through the credit card provided by the customer (e.g., card has expired, account number has changed).

 

 

General Refund and Cancellation Policy

 

For refunds related to design of content reference below Service Terms and Conditions. Small Fry Support strives to be fair with regards to refund request and also strives to satisfy clients. However, we realize circumstance will arise related to refunds, errors, and overall client satisfaction.  The below guidelines will be followed to reach resolutions.

 

1. In the event that incorrect promotional items are produced by our error we will first attempt to correct product or offer account credit before determining if refunds will be issued.

 

2. You are free to cancel service at any time

 

3. If hosting services are canceled, advance payments for unutilized services may be refunded.  When determining utilization the number of depleted service updates as well as service time will be the determining factors. For example situation “A”, if you have our quarterly update package and you have used 2 updates the minimum required service charges will be for 6 months even if you are only 4 months into service. Alternatively situation “B”, with the same plan if you are 4 months into service and have only used 1 update the required minimum service charge is for 4 months. So in the event that you have paid a full year in advance with situation “A” you could receive up to 6 months refund while situation “B” you could receive 8 months.

 

4. Set-up fees, fees for products not included in base plan, domain names registration,  and membership charges are not refundable.

 

5. Refund and cancellation request must be written, emailed, or submitted through SmallFrySupport.com.

 

6. If your credit card has been AUTOMATICALLY charged for renewal of your plan you have 15 days after the charge has been made to cancel your plan and request a full refund.

 

7. You have 30 days to dispute any non-automatic charge or payment processed by Small Fry Support. If you have a question concerning a charge you believe is incorrect, please contact us at contact us form.

 

8. In case where Small Fry Support receives a charge-back, the account will be immediately suspended. Account will not be unsuspended until account is current and a 10% chargeback fee, minimum of $100 (whichever is greater), is paid to Small Fry Support. Please always contact us first before submitting a charge-back.

 

9. Refunds of hosting and other services will ultimately be issued at the discretion of Small Fry Support. Small Fry Support reserves the right to decline any refund request.

 

10. All refunds will be issued by company check.

 

11. Small Fry Support reserves the right to make changes to terms and conditions at any time without notice.

 

 

Web Design Service Term

 

1. A 50% deposit is required on all services performed by Small Fry Support; balance is due upon completion of services. Overdue balances of 30 days or greater my result in the termination of project, removal of website content from the Internet and forfeiture of deposit payments.

 

2. Once a project deposit is received by Small Fry Support, client agrees to provide all necessary materials within 30 days from initial deposit. A project may be considered abandoned if the client does not provide all materials necessary to complete the project within 90 days of receiving the initial deposit. Abandonment will result in removal of website content from the Internet and forfeiture of deposit payments.

 

3. No source code or graphics will be released to clients whose project has been deemed abandoned or if the client cancels the project. Source code, graphics or any work created by Small Fry Support will remain the property of Small Fry Support until the balance due is paid in full as defined in the Small Fry Support project proposal. This includes any riders added to the proposal.

 

4. Client may cancel project at any time by notifying Small Fry Support in writing. Any deposits or payments made to Small Fry Support are non-refundable. Regardless of when the project is canceled, the client remains liable for all billable expenses already incurred by Small Fry Support. Client will be liable for any remaining unpaid billable hours. In the event of project cancellation, client will also be responsible for any fees incurred by Small Fry Support in order to recoup the balance of payment due. Client remains liable for all billable hours, even if canceling a project, for any reason. Although every effort is made to meet or exceed our client’s expectations, Small Fry Support cannot guarantee that we will meet the client’s expectations in every instance.

 

5. Domain names managed by Small Fry Support on our client’s behalf will be released to clients with accounts in good standing and with no outstanding balance.

 

6. Client authorizes Small Fry Support to access administrative areas of web hosting server (either hosted by Small Fry Support or third party hosting company), for purposes of publishing, maintaining and removing content in the event that the client’s account is past due.

 

 

7. Upon final payment, websites and other digital products become the property of the client, and client acquires a non-exclusive license to the use thereof. Pre-programmed applications may be subject to limitations imposed by licensing agreements by which Small Fry Support obtained the applications. The design techniques used by Small Fry Support in creating websites and other digital products remain the property of Small Fry Support, and Small Fry Support reserves the right to utilize such techniques in rendering services to other clients, provided, that such techniques so used shall not contain data proprietary to client.

 

8. The client represents to Small Fry Support and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Small Fry Support for inclusion in web pages or design projects 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 Small Fry Support and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

 

9. Small Fry Support its principals, staff and contractors are not responsible for any content or claims made by client's website or printed material. Client assumes all responsibility and liability for any rights protected images and/or text provided to Small Fry Support. Client is also solely responsible for claims made on printed materials or websites. Client will hold Small Fry Support, our staff, principals and contractors blameless for any liability arising from the clients’ website or digital/printed material.

 

10. Client is responsible for making, creating and maintaining backups of materials created by Small Fry Support and/or email. Small Fry Support in no way provides data backup services. Small Fry Support does not guarantee backups of web hosting and email services provided to our clients.

 

11. Small Fry Support does not warrant that the contents or functions contained in web pages or graphic design projects (Including Promotional Items) will meet the client's expectations, requirements, or be error-free. Nor do we warrant that the operation of web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages, website, and promotional items is with client. In no event will Small Fry Support be liable to the client or any third party for any damages, including any financial loss or other incidental, consequential or special damages arising out of the operation of or inability to operate web pages or website or the use of promotional items provided by Small Fry Support, even if Small Fry Support has been advised of the possibility of such damages.

 

12. In the event of a conflict with a provision of the Small Fry Support Terms and Conditions and a provision of any other agreements engaged with our clients, either written or verbal, The Small Fry Support Terms and Conditions shall prevail.

 

13. Any disputes in excess of one thousand (1000) US dollars arising out of this Agreement shall be submitted to binding arbitration before the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of Small Fry Support.

 

14. Regardless of the physical location of the client, the client agrees that for purposes of venue, this contract was entered into in Harris County, Texas, and any dispute will be arbitrated in Harris County, Texas according to the rules of the American Arbitration Association.

 

15. As a service to our customers Small Fry Support does allow the use of credit cards as a means of payment. As a condition of using credit cards as payment, the buyer agrees that if the buyer's credit card company successfully charges back any amount to Small Fry Support for any reason, the buyer hereby agrees to repay Small Fry Support for such amounts immediately, plus reasonable attorney fees and costs of collection. In cases that the buyer is due a refund, all refund payments will be made to the client via Small Fry Support company check. At no time should the client charge back their credit card.

 

16. A 10% chargeback fee, minimum of $100 (whichever is greater), will be added to balances that are charged back to Small Fry Support.

 

17. 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.

 

18. Small Fry Support reserves the right to alter these terms and conditions at any time without notice.

 

 

Website Usage Terms and Conditions

 

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

 

License to Use Website

Unless otherwise stated, Small Fry Support and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website)

• sell, rent or sub-license material from the website

• show any material from the website in public

• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose

• edit or otherwise modify any material on the website

• redistribute material from this website except for content specifically and expressly made available for redistribution

• where content is specifically made available for redistribution, it may only be redistributed within your organization

 

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Small Fry Support’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Small Fry Support’s express written consent.

 

Restricted Access

Access to certain areas of this website is restricted. Small Fry Support reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Small Fry Support’s discretion.

If Small Fry Support provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Small Fry Support may disable your user ID and password in Small Fry Support’s sole discretion without notice or explanation.

 

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Small Fry Support a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Small Fry Support the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Small Fry Support or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Small Fry Support reserves the right to edit or remove any material submitted to Small Fry Support, their staff, or this website, or stored on Small Fry Support’s servers, or hosted or published upon this website, or published by Fry Support or their staff.

Notwithstanding Small Fry Support’s rights under these terms and conditions in relation to user content, Small Fry Support does not undertake to monitor the submission of such content to, or the publication of such content on, this website or others.

 

Revisions and Errata

The materials appearing on Small Fry Support’s web site could include technical, typographical, or photographic errors. Small Fry Support does not warrant that any of the materials on its web site are accurate, complete, or current. Small Fry Support may make changes to the materials contained on its web site at any time without notice. Small Fry Support does not, however, make any commitment to update the materials.

 

Links

Small Fry Support has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Small Fry Support of the site. Use of any such linked web site is at the user's own risk.

 

Site Terms of Use Modifications

Small Fry Support may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the current version of these Terms and Conditions of Use.

 

Governing Law

Any claim relating to Small Fry Support’s web site shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

 

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Small Fry Support makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Small Fry Support does not warrant that:

• this website will be constantly available, or available at all; or

• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

 

Limitations of liability

Small Fry Support will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• [to the extent that the website is provided free-of-charge, for any direct loss;]

• for any indirect, special or consequential loss; or

• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Small Fry Support has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Small Fry Support’s liability in respect of any:

• death or personal injury caused by Small Fry Support’s negligence;

• fraud or fraudulent misrepresentation on the part of Small Fry Support; or

• matter which it would be illegal or unlawful for Small Fry Support to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

 

Other Parties

You accept that, as a limited liability entity, Small Fry Support has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Small Fry Support’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Small Fry Support’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Small Fry Support.

 

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

You hereby indemnify Small Fry Support and undertake to keep Small Fry Support indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Small Fry Support to a third party in settlement of a claim or dispute on the advice of Small Fry Support’s legal advisers) incurred or suffered by Small Fry Support arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of These Terms and Conditions

Without prejudice to Small Fry Support’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Small Fry Support may take such action as Small Fry Support deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

Small Fry Support may revise these terms and conditions from time-to-time without notice. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

Small Fry Support may transfer, sub-contract or otherwise deal with Small Fry Support’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

Sever-Ability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire Agreement

These terms and conditions [, together with Privacy Policy] constitute the entire agreement between you and Small Fry Support in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the State of Texas, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Texas.

 

 

Prime Allies LLC is certified to operate under Assumed Name "Small Fry Support".

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