Terms & Conditions

By engaging with Pearse Street Consulting, Inc., (THE DEVELOPER) for a design, development, consulting or marketing project, you (THE CLIENT) agree to the Terms and Conditions of Use (TERMS AND CONDITIONS) as outlined below. If you do not accept these Terms and Conditions, you may not use Pearse Street Consulting design services, studio or web site(s).

1. Authorization. The Client is engaging Pearse Street, a Massachusetts corporation, as an independent contractor for the specific project of developing and/or improving a website to be installed on the client’s web host server. The client hereby authorizes Pearse Street to access this server account with “write permission,” including access to the host server’s control panel, root directory, cgi-bin directory and any other directories or programs which need to be accessed for this project. The Client also authorizes Pearse Street to include the completed project in Pearse Street’s online portfolio. Copyright to the finished assembled work of webpages produced by Pearse Street is owned by the client upon final payment of this contract.

2. Copyrights and Trademarks. The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Pearse Street for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Pearse Street and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. Pearse Street is not responsible for any content uploaded to the website by the client or its website users.

3. Initial Payment & Refund Policy. The Client acknowledges that twenty percent (20%) of the initial deposit due upon commencement (as described elsewhere) shall be non-refundable and shall be in consideration of the initial administrative actions taken by the Developer. If the Client shall request that the Developer cease work, the Developer shall prepare and deliver an accounting of the work completed as of the date of the request. Work completed shall be billed at the current hourly rate, the total shall be deducted from payments previously made by the Client, and the balance of said payments returned to the Client. If, at the time of the Client’s request, the prepared accounting shows that work has been completed which is greater in value than the Client’s previous payments, the Client shall be liable for the difference.

4. Acceptable Payment. Pearse Street accepts company check, wire transfer, money order, or major credit cards. Payments made by international clients must be made by wire transfer or credit card. Credit card authorization submitted authorizes Pearse Street to process deposit payments, progress payments and/or balance payments of agreed-upon services with the card information on file without notice to the client. Client may request to pay with an alternative method prior to project completion. Services requested by the client by phone or email beyond those detailed in an order form are subject to these terms. Payment options can be agreed upon in writing, including email correspondence, to include processing a credit card on file if requested. Payments made to Pearse Street shall operate as approval of any services or products, which may have been provided to the Client as of the date of the payment. Unless otherwise noted, the social network investment reflects a flat quote for the features listed in this agreement. Additional fees and feature development require a mutually agreed upon change order.

Accounts overdue for more than thirty (30) days will accrue interest at the rate of 1.5% per month and may be subject to collection. Where Pearse Street delivers an account to collection, the Client will be responsible for all costs of said collection, including court costs and reasonable attorneys’ fees.

5. Unprofessional Conduct. Pearse Street reserves the right to refuse service to the client should the client engage in unprofessional conduct with Pearse Street or its subcontractors. Unprofessional behaviors may include but are not limited to profanity, discrimination, harassment, threats of slander, libel or blackmail, or unethical practice. If a client engages in any of these or other unprofessional practices, Pearse Street will halt work immediately and resolve unfinished work per the Refund Policy.

6. Host Servers and Browser Compatibility. Unless otherwise requested, Pearse Street tests web design functionality on the most recent two versions of Internet Explorer, Mozilla/Firefox and Safari. Upon contract signing these versions are as follows: Internet Explorer versions 8.0 and 9.0, Mozilla/FireFox via PC, and Mozilla/Firefox and Safari via Mac. Our social networking software and custom web development projects are compatible with Blackberry (version 4.6 or later), iPhone (3.0 or later), Windows Mobile (version 5 or later), Opera Mobile (version 8.5 or later), Safari Mobile (3.0 or later) and Google Android (1.0 or later). Pearse Street cannot accept responsibility for incompatibility on dated browsers or lack of plug-ins/helper programs if more advanced (non standards-compliant) technology is used.

6. Electronic Commerce Laws. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Pearse Street and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

7. Copyrights and Trademarks. The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Pearse Street for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, indemnify, protect, and defend Pearse Street and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

8. Design Credit. A courtesy link to Pearse Street will appear in small unobtrusive type within the footer or About Page of the client’s website.

9. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the state of Massachusetts. It is the express intention of the Developer and Client that the exclusive venue of all legal actions and procedures of any nature whatsoever which relate in any way to this Agreement shall be either the District Court Department of the Trial Court of the Commonwealth of Massachusetts, sitting in Lynn, Massachusetts, or the Superior Court Department of the Trial Court of the Commonwealth of Massachusetts, sitting in Salem, Massachusetts, or the United States District Court sitting in Boston, Massachusetts. The parties agree to waive their right to a trial by jury. The Client consents to said courts having personal jurisdiction over the Client in any action based on this Agreement. Developer agrees that in the event of any breach or threatened breach by Developer, Client may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Client against any such breach or threatened breach.

10. Sole Agreement. The Developer and the Client may have entered a contract for services or a Software Agreement, either prior to, in conjunction with, or subsequent to the Client’s acceptance of these Terms and Conditions. The Client accepts the Developer’s Terms and Conditions as they may be included with this Agreement, or as they may be further amended, at the sole discretion of the Developer. A complete and correct copy of the Developer’s Terms and Conditions may be found at the Pearse Street Consulting, Inc. website (www.pearsestreet.com/terms.html), or will be provided upon request. These Terms and Conditions shall be read and interpreted along with any such contract or Software Agreement entered by the Developer and the Client. In the event that the provisions of these Terms and Conditions conflict with those of the contract or those of the Software Agreement, the contract, or the Software Agreement, shall control.