Terms of Service & Other Disclosures

Terms of Service

Effective August 22, 2018

Because Lodestone Dynamics LLC dba Bergh Consulting respects your time and energy and wants to provide the best service possible, we have developed the following policies. These policies allow us to do what we do best and keep our rates affordable while helping you to understand the process as well as allowing you to focus on what you do best. We value our client relationships and want to make sure there are no surprises or misunderstandings during the process. Please let us know in advance if you have any questions or concerns.

General Policies

Initial Consultation

We offer a complimentary initial 20-minute phone consultation for first time clients, if needed. Additional time is billed at the rate of $125/hour and is due at the time of the consultation.   An appointment must be made for the consultation and a brief intake form will be supplied and must be completed prior to scheduling the appointment so we have a general understanding of the project.

Project Initiation

The initiation of all projects begin with an email outlining details of the project including fees.  Your acceptance via email is considered binding.

Project Timeliness Requirements and Penalties

Bergh Consulting cannot complete a project if the client does not provide content (for example, the text and/or photos to be used) or other required elements (pre-existing logo or account login information, etc.). If we are waiting for content or other pieces of information, the client will be notified. If the client fails to handle the requests in a timely manner, the project may be delayed. Additionally, it interrupts the flow of the project and often creates a feeling of needing to start over which potentially takes more time and costs more money. In order to keep projects on track, Bergh Consulting has the following policies:

  • All content and other required elements are to be received within ten business days of the project initiation.
  • If the client has not submitted all content and other required elements within 30 days of the project initiation, client will be billed the lesser of 5% of the total project cost or $60 for each month the project is delayed.
  • If the client-driven delays continue, Bergh Consulting will complete as much of the project as possible without the missing elements. In order to keep all accounts current, Bergh Consulting will bill for the completed project and add missing elements later as they are received.
  • If more than 60 days have passed and the client still has not submitted the remaining missing content, Bergh Consulting will consider the project complete in its entirely and any future work will be billed at the current hourly rate.
How Content May Be Submitted

All content must be submitted electronically via email to michele@berghconsulting.com. Text must be selectable as actual text rather than as a flattened image. All text and images must be clearly labeled with how and where they are to be used. For website projects, text and images must be clearly labeled with the page they will be displayed on. Any content mailed to Bergh Consulting/Michele Bergh will not be returned.  Images must be large enough and at least 72 DPI for proper placement.

Ownership and Copyright

All text and photos used as content in project must be provided by the client unless otherwise specified in writing. The client must have ownership or written permission to use all content he/she provides for use. It is up to each client to ensure his/her design and/or content does not infringe on any trademark, service mark, or copyright. Bergh Consulting is not responsible for intellectual property infringements on behalf of clients.

How Revisions Are Handled

We take pride in providing attractive designs, and the vast majority of our clients are extremely pleased with the design we create for them. However, design is a subjective art, and not everyone’s tastes are the same. While we will gladly make initial minor modifications for no additional charge (as specified in our quote), it is important to be clear on how revisions to the look of a design are handled. The design information provided prior to the start of the project as well as the information included in the quote/contract describes the look a commissioned design project will achieve. Design preferences should be specified at that time, prior to the commencement of any design work. If any design preference stated prior to the start of the project are not met, the adjustments will be made free of charge. If the client develops preferences or changes his/her mind after the completion of the work, adjustments will be made at our hourly rate which is dependent on the package purchased.

Payment Policies

Standard terms of payment are as follows:

  • All fees are payable up front, prior to projects being placed on the calendar.
  • Monthly payment plans are not available on reoccurring billing such as hosting unless otherwise noted.
  • Late fees will be assessed on all accounts not paying in full by due date in the amount of 10% of the total due with a minimum of $10, with the exception of invoices for domain renewals only.  Invoices for domain renewals only will be assessed a late fee of $5, if not paid in full by the due date.  Accounts that run 30 days or more past due are subject to cancellation and all contents of website and emails being deleted without further notice. If the site is eligible for restoration, a $250 fee will be charged to do so.
  • New projects will have 5 days from the invoice date to make payment. At this point, the invoice will be cancelled if services have not started or, if services have begun, a late fee will be assessed in the amount of 10% of the total due with a minimum of $10.
  • Domain renewal invoices not paid by the due date will be removed from auto-renew and allowed to expire. If your domain is attached to a website, your site and email will go down when the domain expires and you will still be responsible for any hosting fees. A $25 admin fee is required to reinstate your domain to prevent expiration or to move your domain to a new registrar, plus any fees required by ICANN.  If moving your domain, you will be given an authorization key as soon as one is available to move your domain to a new registrar, if you choose to keep it. You will need to complete the transfer within 10 days as the keys are good for a limited time only.  If a new key is needed due to a delay in transfer, an additional $25 admin fee will be charged.  Keep in mind, the redemption period is limited by ICANN and not in my control and domains that expire have a small redemption period prior to a $250 fee plus a $50 administrative fee being added. After a period of time, the domain will not be available to purchase again for several months.
  • All payments are non-refundable including any auto-pays.  Clients are responsible for managing the auto-pays they set up.  Since a 30 day notice is required to cancel services, any auto-payments made will not be refunded.
  • Our accepted method of payment is PayPal or Quickbooks unless otherwise noted. This allows the client to use several modes of payment, based on their choice. Please note, if using an electronic check for payment in PayPal or paying via Quickbooks, there is a waiting period for payment to clear and the account is not considered paid in full until it clears.

Bergh Consulting reserves the right to modify these terms as needed.

Quality Guarantee

We take pride in offering high quality services and professional customer service. While we make an effort to ensure every aspect of our service is to the client’s liking, we cannot control every variable. It is up to each client to regularly test the functionality of his/her website, email, and any other product or service to ensure everything works as desired. If any problem is discovered or error has been made, please report the problem to us within 3 days of completion so we may take appropriate action. We cannot be responsible for perceived loss of revenue under any circumstances. Content changes resulting from a client’s error and/or problems related to third- party vendors or technology, such as hosting servers or browser software may result in additional charges.  Please understand that any issues discovered after 3 days from completion are not our responsibility and fees will apply for any work needed to resolve the issue.

Third Party Vendors

Third party vendors may have separate terms of service agreements. Bergh Consulting cannot be held liable for disputes with third-party vendors. Bergh Consulting cannot be held responsible for lack of functionality or any other aspect of third-party services.

Ownership of Design

Upon completion of a custom design project and payment of any and all fees due, the client is the owner of the commissioned work. The client may continue to use the work as they see fit. The client does not have the right to resell the design to other companies.

Termination of Services/Project Cancellation

If the client changes his/her mind about doing work with Bergh Consulting during the course of the project, the client will be responsible for the entire project amount. If fees/deposits are past due, client is liable for this amount. If the client has requested project be complete within a specified period of time, the client may also be liable for future time designated for the project as other projects would be turned down for this time frame.

In order to protect clients from unintentional service interruption, clients wishing to terminate any ongoing services must request the service termination in writing. All cancellations require a 30 day written notice. You must receive a confirmation from Bergh Consulting that your request has been received.

No refunds are offered on any services for any reason.

Refusal of Service

Bergh Consulting reserves the right to decline to do business with any client for any reason.

Changes to Terms of Service

Bergh Consulting reserves the right to change these terms of service at any time for any reason.

Website Specific Policies

Ownership of Website Domain Name

Website domain names are leased from domain registration companies. When Bergh Consulting registers a domain name for a client, that registration will be made under Bergh Consulting. Upon payment of any outstanding fees, the client has the right to use that name as they see fit, regardless of where they host. Domain name can be transferred tinto client’s name upon request and payment of any outstanding fees.

How Website Service Requests Are Handled

Clients may send update requests and the turnaround time will be based on workload issues.  Packages for time are available for purchase and those who purchase packages will receive priority turnaround and be billed the actual time a project takes (with a minimum of 20 minutes).

Website Maintenance

Website maintenance includes keeping plugins and WordPress up-to-date on a monthly basis, running a monthly malware check and doing a monthly backup, which is kept in multiple locations for 30 days. This is required for all clients.  Late or non-payment of maintenance will result in your website being suspended until payment is made in full and could result in the deletion of your website and emails if not paid within 30 days of the due date.

View Past Terms of Service Valid August, 13, 2012-August 21, 2018

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Affiliate Disclosure

This site is enrolled in affiliate programs including, but not limited to, StudioPress, Gravity Forms, Sprout Online Magazine, and Siteground.

This means that from time to time, affiliate commissions are earned after a reader purchases a product that we recommend. For example, if after clicking a link in an article or in the sidebar that takes the reader to a website offering a product or service for sale, they then purchase that product or service, we may receive a commission.

I also make recommendations and positive comments about products or services where no intention to or ability to earn affiliate commissions exist. An example of this would be many of the challenges and activities I promote as a way of bringing creativity into your daily life.

I only recommend products and services I have thoroughly researched or used and love.

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Data Access Request

If you would like to see what information this website stores on you, if any, please enter your email address below.

 

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Disclaimer

The information contained in this website is for general information purposes only.

The information is provided by Michele Bergh and while we do our best to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Michele Bergh. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

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Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, Use Live Chat, Open a Support Ticket, provide us with feedback on our products/services or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To improve our website in order to better serve you.
  • To allow us to better service you in responding to your customer service requests.
  • To administer a contest, promotion, survey or other site feature.
  • To quickly process your transactions.
  • To ask for ratings and reviews of services or products.
  • To follow up with them after correspondence (live chat, email or phone inquiries)

How do we protect your information?

  • We do not use vulnerability scanning and/or scanning to PCI standards.
  • An external PCI compliant payment gateway handles all CC transactions.
  • We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use 'cookies'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

Cookies may be used to:

  • Help remember and process the items in the shopping cart.
  • Understand and save user's preferences for future visits.
  • Keep track of advertisements.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since the browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.

If users disable cookies in their browser:

If you turn cookies off it will turn off some of the features of the site.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Google

Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We may use Google AdSense Advertising on our website.

Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Opting out:

Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add-on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

  • On our Privacy Policy Page

Can change your personal information:

  • By sending an email using the email address at the bottom of this statement

How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?

It's also important to note that we do not allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify you via email

  • Within 7 business days

We will notify the users via in-site notification

  • Within 1 business day

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions
  • Process orders and to send information and updates pertaining to orders.
  • Send you additional information related to your product and/or service
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CAN-SPAM, we agree to the following:

  • Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at

email us and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

Bergh Consulting
15841 Martin Street NW
Andover, MN 55304
USA
email us

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