Terms of Service
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 20-minute 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 require a signed contract as well as payment in accordance with the terms outlined in the contract. Contract may be in the form of a standard contract outline or by accepting the quote via email with your electronic signature.
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 email@example.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 of $150 /hour unless a package of time has been purchased.
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 $15, 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. New projects will have 5 days from the date 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 $15.
- 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 to move your domain to a new registrar, if you choose to keep it. You will need to complete the transfer in a timely manner 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 being added. After a period of time, the domain will not be available to purchase again for several months.
- All payments are non-refundable unless otherwise noted.
- Our accepted method of payment is PayPal unless otherwise noted. This allows the client to use several modes of payment, based on their choice, without having to set up a PayPal account. Please note, if using an electronic check for payment in PayPal, there is a waiting period for this check 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.
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.
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 received your request.
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 into 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 three locations for 30 days. This is required for all current hosting clients and is now included in all hosting packages. Late or non-payment of maintenance will result in your website being suspended until payment is made in full.