Customer Agreement

By agreeing to any Precision Creative quote, the client agrees to all of the following terms.

Quotes
By accepting any quote provided by Precision Creative, you hereby agree to pay the total balance upon the agreed terms.

Quotes provided by Precision Creative are initial estimates for the projects and are subject to change and/or negotiation before agreement. All quotes are valid for 60 days unless specified otherwise. Once agreed upon by both parties and work has begun, any additional major changes will require an additional estimate and fee. Precision Creative reserves the right to adjust its pricing at any time.

Recurring Payments
All clients using the online billing platforms provided by Precision Creative are subject to any and all applicable terms and conditions for such platforms as well.

Once an initial payment has been made on a recurring payment plan, Precision Creative reserves the right to automatically charge the funds through the last payment method on file if not paid by the due date of the payment.

Web Design clients may pay Precision Creative for one time website design and setup or opt to host their site through the Precision Creative for a monthly fee negotiable with terms of support, maintenance, and updates.

Interest & Fees
Once Precision Creative applies any convenience or other fees to a late or payment plan order, the rate is locked in for the remaining balance. Paying the remaining balance will not result in a deduction or removal of any fees or charges unless otherwise specified.

Should Precision Creative incur any additional fees due to timeframe delay by the client, those fees will be passed onto the client and their invoice. Such fees include but are not limited to CRM integration costs, API usage fees, IDX software costs, etc.

Payment Options
Precision Creative accepts all major credit and debit cards online or over the phone. Should a client wish to submit a payment via check, the request must be approved in advance. All check payments to Precision Creative must be made payable to “Klekot Group, LLC” to be accepted. Failure to follow these procedures may result in the payment not being accepted or delivered which could cause late fees to be incurred.

Late Payments
A client automatically enters default on a payment within 48 hours after it’s due date. Any client who has not made their minimum payment by that point is then applied a late fee of $35.00 USD per month or 10% of their payment balance, whichever is greater.

After a client has been in default for 90 days, the outstanding balance may be sent to collections and/or served legally for the remaining balance at the clients expense.

For overdue services invoices, Precision Creative reserves the right to discontinue service after 30 days until the balance is satisfied, late fees will continue to be applied. After 90 days overdue Precision Creative reserves the right to securely remove any files from our servers at the expense of the client. Should the client have a history of overdue balances, Precision Creative reserves the right to discontinue service immediately, while fees are applied, until the balance in satisfied.

Content Ownership & Rights
Precision Creative reserves the right to use any current clients logo’s and branding on their website under the “Current Clients” section. In addition, Precision Creative reserves the right to use any logo’s, branding, or exports and screenshots of our work on our website, marketing materials, and social media unless otherwise specified or requested to be exempt by the client.

Once a clients job is completed and paid, the content becomes property of the client and will be released upon request. Precision Creative will only access or adjust content for the sole purpose of client requested work, minor updates and security for internally hosted projects, and collecting analytic data. Should a client wish to host their site outside of Precision Creative, the Externally Hosted Sites section will apply.

Precision Creative reserves the right to place text, graphic, or animation branding on the bottom or end of a clients project to accept credit for the work and advertise to potential clients unless otherwise specified or requested to be exempt by the client.

Any content, images, videos, graphics, or other provided on behalf of or by the client are assumed to either be royalty free or files they have the permission to use. Precision Creative is not liable for any legal repercussions of stolen or copyrighted content provided by the client.

Third Party Gateways

Precision Creative is not a merchant services provider and does not provide any credit card processing, underwriting, rates, or contract information. We integrate all credit card processing using your provided third party gateways which are assumed to provide full encryption and security. We have no access to any information or user data and cannot provide any credit card transaction details or guarantees, and are not liable for downtime, fraudulent transactions, chargebacks, or any other actions related to e-commerce or transactions conducted on a site.

Development Exclusivity
For sites hosted and maintained by Precision Creative, at no time is the client permitted to allow any other service provider to perform work on the site without permission or approval from Precision Creative. No liability will be accepted by Precision Creative for unauthorized work performed and additional charges may be required to remediate such acts.

Externally Hosted Sites
Precision Creative provides hosting packages which encompass many safety and security needs. If a client wishes to host a site developed by Precision Creative on a third party or private server the following applies:

Precision Creative will develop the site on their servers and hosting until complete, at which point the final payment will be due to release the site and its contents. Payment plan options are not available on sites hosted outside of Precision Creative.

Once a project is paid for, Precision Creative will turn over all content, logins, files, databases, and directories to the new owner. They may then upload them to their server or hire Precision Creative to do so. Precision Creative is not liable for any file loss, migration, compatibility issues, or broken links as a result of launching a site on a third party hosting location.

If a site specified for external hosting is completed and paid in full then the client has 14 days to migrate the site to their external hosting or the site may be subject to deletion.

Should a client chose to hire Precision Creative for a website migration, full access credentials must be supplied in order to do so within 14 days. Refunds will not be given for unsuccessful migrations due to incorrect credentials. Migration services include one hour of work, unless specified otherwise. Additional time needed for navigating hosting environments, attempting credentials, and bug fixes may result in additional charges.

Privacy & Communications
Precision Creative may collect personal and business identifying information, such as names, phone numbers, email addresses, locations, and more. Precision Creative also reserves the right to collect billing and credit card information for processing payments and all data is kept confidential and secure.

Precision Creative does not sell, rent, or lease its customer lists to third parties. Any information collected, unless otherwise specified, is completely confidential. Precision Creative will only disclose your personal and business information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Precision Creative or the site; (b) protect and defend the rights or property of Precision Creative; and, (c) act under exigent circumstances to protect the personal safety of clients of Precision Creative, or the public.

Working with Precision Creative or sending emails to Precision Creative constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Precision Creative website, satisfy any legal requirement that such communications be in writing.

Analytic Data
Precision Creative reserves the right to collect analytical data on sites hosted by Precision Creative only. Only external sites requesting analytic services will have data accessed by Precision Creative

Precision Creative also reserves the right to share anonymous analytic data with other vendors, clients, or potential customers once any identifying information has been removed, unless otherwise specified.

Results
Precision Creative cannot guarantee website results, traffic, or rankings on any products or services.

Cancellation & Refunds
Precision Creative collects a 50% minimum non-refundable deposit to begin all work unless otherwise specified. Once the deposit has been paid, work will begin on the quote’s specified timeframe.

Once a project reaches its 50% mark on the original “Project Timeframe”, no additional payments are available for cancellations.

Should a charge be processed incorrectly, the client must request a refund within 14 days from Precision Creative or the funds will be placed on their account as a credit. Precision Creative does not offer refunds. Any and all service terminations must be received in writing, in which receipt will be confirmed.

Proofs & Edits
Precision Creative will issue a first, second, and third proof of your project prior to your final project unless otherwise specified. Should you continue to make changes there may be a delay in the finalization of your project.

Clients may submit as many changes as they seek fit on a standard time frame job. In the event of a rush job, after the third list of edits and changes has been submitted the client may then be additionally billed for each list of changes.

After 14 days, if a client has not communicated feedback or changes to Precision Creative then their project will be marked as completed and additional edits may result in an additional cost or use of an applicable maintenance package.

For full service websites, if the client wishes, they may mark the project as complete and then begin using any included support and edits to complete the site’s changes.

Resellers
Precision Creative permits the reselling, both contracted or white-labeled, of its services. In such event, the reseller must notify Precision Creative and sign a “Reseller Agreement” which binds them to additional terms as well as the ones included within this agreement.

Changes
Precision Creative reserves the right to make changes to this “Customer Agreement” at any time. Should changes be made, Precision Creative will notify all affected clients.

Should Precision Creative alter any of the above terms for a project specific agreement, the adjusted terms will be listed on the clients quote. All other terms of this “Customer Agreement” will remain unaffected and in full effect unless otherwise specified.

Clients may always view the most recent version at https://precisioncreative.com/terms.

We thank you for your business!
[Last Updated 09/16/2020]

Klekot Group, LLC d/b/a Precision Creative
1770 The Exchange SE, Suite 275
Atlanta, GA 30339