The following “Terms of Service” have been established to outline specific details and circumstances regarding work we are hired to do. Some items outlined below may not apply to the work we are doing together, others will. If you have any questions, please ask and we’ll be glad to clarify.

Scope of work
When outlined, the Scope of Work includes all preparation; client interaction(s); design; creative services; programming; and technical implementation required to complete the work as outlined in our agreements.

Professional services & technical support
We offer professional development and support services on an ad-hoc basis to customers who are not enrolled in a Managed Hosting or Support Services Plan, based on our support team’s availability. Additional ad-hoc professional services, not outlined in our agreements, may be provided to assist Client as required, and will be billed at our current rates.

Other expenses
Fees for professional services don’t include other expenses we incur as a part of the work outlined in our agreements. Unless outlined separately in writing, all outside purchases made in accordance with the work outlined are chargeable. When applicable, we will invoice for lodgings, meals, and transportation at cost. Any reimbursement for mileage will be calculated at current IRS rates. Expenses will be itemized on each invoice, and are subject to state sales tax unless 1) they are the performance of a service; 2) you are a nonprofit organization; or 3) the work is for resale and you have submitted a resale certificate to us. The following items and their costs are not included in our agreements, unless specified:
– domains name purchases or DNS management;
– email service configuration, management, or hosting;
– plug-ins and software purchases, licensing, support, or management;
– SSL (secure socket layer) certificates or installations;
– custom or stock photography, illustrations, or artwork;
– copywriting or content development;
– future updates or feature enhancements;
– ongoing hosted or managed services, such as: website hosting, monitoring, backups, security services, antivirus, firewall protection, SEO (search engine optimization), SEM (search engine marketing), performance optimization, maintenance, support services, or framework updates;
– other services priced separately on our website

Advertising placement & other digital services
If applicable, and at your request, we will purchase advertising, media space, or other items on your behalf which will be billed to you at current rates, plus the standard agency commission of 15%.

Displaying our work
We reserve the right to display all aspects of our work, including sketches, work-in-progress designs and the completed project, to publicize and promote our business, or for any other lawful purpose. It goes without saying this does not apply to any work considered confidential, proprietary, or containing sensitive or private information. We will never share or display any work, materials, or processes that are not readily accessible and available to the general public.

Privacy and confidentiality
During the course of our work together, we agree to keep in strict confidence all “confidential information” and will not, without your express permission, disclose any confidential information to any third person, firm, corporation, or association for any purpose. “Confidential information” refers to any and all information you provide that is viewed as non-public and that is not already available publicly. You agree to provide the same for us. You also acknowledge that we are providing these services to you on a non-exclusive basis and you understand that we may also provide the same or similar services to any other party.

Remote access
When applicable, you authorize us to obtain remote access to your computing facilities (e.g.: your website hosting server) for the purposes of performing the work you hire us to do, subject to any restrictions set out in our agreement. We won’t use this access for any other purposes than defined in the scope of work, or as specifically requested by you or your authorized agent. You agree to indemnify us against any loss or damage arising directly or indirectly from any unauthorized use of your facilities to which we have been granted access, provided that such unauthorized use has not arisen as the result of any material breach on our part or of our obligations, as outlined within our agreement.

Copyright and ownership
First, you guarantee that all elements of text, images, or other artwork you provide for this project are either owned by you, or that you have permission to use them. When your final payment has cleared, copyright will be automatically assigned as follows:

• You will own the entire website and/or the digital elements that we create for this project. This includes the visual design, HTML, CSS, and Javascript used to create the project, unless someone else owns them.
• You will own all elements of the text, images, and the data you provided, unless someone else owns them.
• We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project, unless we agree otherwise.

We’ll give you full access to the website (or project) and the source files created for this project, by way of a self-hosted WordPress website, or other deliverable as defined within the Scope of Work. You should keep a copy of these files somewhere safe, as we’re not required to keep a copy.

Legal statement
As you can imagine, it’s impossible to guarantee that any work will be error-free, and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. It’s your responsibility to carefully review all prototypes and submissions from us for accuracy in all respects, ranging from spelling and grammar, to illustrations, to cross-browser compatibility, functionality, and responsive design. Your approval indicates an acceptance of the submission, including responsibility for errors, omissions, legal, and ethical compliance. Finally, if any provision of our agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our agreement and shall not alter the validity and enforceability of any remaining provisions. Our contract can’t be transferred to anyone else without our permission. Our contract stays in place and need not be renewed. Our contract shall be governed by the laws of the State of Kansas. If applicable, additional terms, conditions, general clarifications, or assumptions specific to our work will be attached to our agreement, and incorporated by reference.

Payment terms
Unless otherwise noted, a down payment of 50% of the project total is required to begin the work. The remainder of the fees and expenses are billed in phases as they are completed. We’ll send you an initial invoice upon acceptance. Applicable fees and expenses are added together. Any remaining fees and expenses are due at the conclusion of the work. Invoices are issued electronically and due upon receipt. Payments may be made via Credit Card, PayPal, or by Check. Please make any checks payable to “The Infusion Group, Inc.”, a Kansas Corporation.

Cancellation
Engagements may be cancelled at any time, for any reason. If cancelled, Client remains responsible for all fees and expenses up to the point of cancellation, including any time or expenses incurred to facilitate the cancellation. Should you place the work on hold for more than 30 days, we will bill you for any fees and expenses that have been incurred, but not yet collected.

For further information or clarification of these Terms of Service, please contact us.

Last Updated: January 1, 2021