Terms of Service
Effective October 11, 2021
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.
We offer a complimentary initial phone consultation for first-time clients if needed. Additional time is billed at the rate of $150/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.
The initiation of all projects begins with an email outlining details of the project including fees. Your acceptance via email is legally 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:
- If the client has not submitted all content and other required elements within 30 days or the client will be billed the lesser of 5% of the total project cost with a minimum of $60 for each month the project is delayed.
- If more than 60 days have passed and the client still has not submitted the remaining missing content, Bergh Consulting may consider the project complete in its entirety 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 email@example.com. The text must be selectable as actual text rather than as a flattened image or in a PDF file. 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 the project must be provided by the client unless otherwise specified in writing. The client must have an 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, the design is a subjective art, and not everyone’s tastes are the same. While we will gladly make initial (one round of) minor modifications for no additional charge , it is important to be clear on how revisions to the look of 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. This includes additional rounds of edits as well.
Standard terms of payment are as follows:
- All fees are payable upfront, 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 paid in full by the due date in the amount of 10% of the total due with a minimum of $10. This includes domains. Accounts that are 30 days or more past due are subject to cancellation and all contents of the website and any 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 canceled 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 may be removed from auto-renew and be allowed to expire at our discretion. 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 and maintenance fees.
- A $25 admin fee is required to reinstate your domain to prevent non-redeemable 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 7 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 minimum of $250 fee (determined by current ICANN fees) plus a $50 administrative fee is 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 listed on each invoice. Currently, this includes PayPal and credit/debit cards but is subject to change without notice. This allows the client to use several modes of payment, based on their choice. Please note, while we do also accept mailed checks, they must be postmarked on or before the due date. We do not recommend paper checks.
Bergh Consulting reserves the right to modify these terms as needed.
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 an 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 the 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 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, the client is liable for this amount. If the client has requested the project be completed within a specified period of time, the client may also be liable for the 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 company or person 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. A domain name can be transferred into the 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 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.
*ADDED January 29, 2021*
For Website Subscription Plans
For our website subscription plans, websites must be hosted with us for a full 2 years. You will have basic access for updating content and blogging if desired. There will not be accessible for plugins or theme changes but they can be requested if needed. There is a licensing fee plus the first month's fees paid to get started.
Should you want to cancel prior to the end of the two-year contract, you will need to buy out your contract with a 30-day notice. At that time, your site will be deleted from our system. If you want to keep your site, there is a one-time migration fee to provide you with the files.
At the end of the contract, you can either continue with a WP Care Plan only or renew your contract and get a site refresh for free.
View Past Terms of Service Valid August, 13, 2012-October 10, 2021