Terms & Conditions
- Contract:Your approval (either verbal or written/email) for work to commence is deemed a contractual agreement between you (the client) and Tasty Fish Marketing™, a division of Birnbaum Consulting, LLC (company). Approval for the work to commence and payment of the advance fee indicates that you accept these Terms and Conditions.
- Project Quote:The project fee for the work is listed on your quote/ proposal. If you decide that changes are required after work commences, then we will accept these changes with the provision that additional charges will be negotiated. Quotes and proposals are valid for only thirty (30) days.
- Advance Payment:A non-refundable advance of 50% of the total project fee is required before work can commence, unless agreed otherwise. After work commences this is non-refundable.
- Final Payment:Once the work has been completed the remaining balance of payment is due.
- Payment Methods:Payment should be made by check in US Dollars. We will pass on the costs of any returned check. Other methods of payment will be accepted, but must be discussed prior to starting project.
- Late Payment:Payments are due within thirty (30) days of the invoice date. Invoices that have not been settled will incur a late payment charge of $100, plus a five (5) percent interest fee will be incurred on the remaining balance.
- Cancellation:Should you wish to cancel at any point you will be liable only for the work that has already taken place and shall be invoiced accordingly; however, there are no refunds issued if you choose to cancel after you submit your advance payment.
- Meetings & Travel:Once work has been agreed, all meetings are chargeable, including travel time and mileage.
- Acknowledgements / Credit Link:Design & Development credit must always be present on each page created by Tasty Fish Marketing. You may not remove this link for any reason if the original file and/ or design is being used, even if modified by a third party. The credit link includes the “Web Design and Development by Tasty Fish Marketing” and hyperlink to: https://tastyfishmarketing.com.
- Asset Provision:If you agree to provide Tasty Fish Marketing with content required to complete the design work, and subsequently fail to do so within thirty (30) days of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.
- Domain Registration:All third party costs arising from the registration of a domain name shall be met by the client. It is the client’s responsibility to renew their domain names, and Tasty Fish Marketing cannot be held liable for domains which expire.
- Hosting:If we recommend hosting companies, no guarantees can be made by Tasty Fish Marketing as to the availability or interruption of such services. If Tasty Fish Marketing provides hosting, we will provide support for your site.
- Testing & Browsers:You are expected to test fully any application or programming relating to a website developed by Tasty Fish Marketing before it is made live for use. Where bugs, errors or other issues are found after the site is live, we will attempt to correct these issues to meet the standards of function outlined in the proposal free of charge during the first month. Tasty Fish Marketing supports current standards-compliant desktop web browsers including: Internet Explorer 10+, Firefox (Win/Mac) 37.x +, Safari (Mac) 6.x +, Google Chrome (Win/Mac) 41.x +. We do our best to support current mobile browsers, such as Mobile (iOS) Safari, Android Browser and Chrome for Android.
- Support:The website is provided to and accepted by you as a fully functioning, completed work. Ongoing support can normally be provided upon request and for an agreed fee.
- Data Loss: You have sole responsibility for any information or files relating to your website. In the event of data loss on the hosting service, ours or any third party, we will endeavor, without obligation, to provide a recent backup of the web pages, site or database. However, the site is the responsibility of the client and the client should keep regular backups of the site, unless a special arrangement has been made with Tasty Fish Marketing to provide such a service.
- Project Archival:Tasty Fish Marketing will archive client projects for 1 year past the date of final payment. Restoration of backups will incur an hourly fee provided upon request and for an agreed fee.
- General Liability:Tasty Fish Marketing cannot be held responsible for anything adversely affecting the client’s business operation, sales, or profitability that they might claim is a result of a service offered by Tasty Fish Marketing. We will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. We will not be liable or become involved in any disputes between the site owner or client, and their clients, and cannot be held responsible for any wrongdoing on the part of a site owner or client, and their clients.
- Complaints Procedure:We hope you are happy with our services, but if not, please raise the matter in writing or by email, clearly outlining the grounds for complaint. We will respond within 7 days, and make a full and considered response to the complaint within 7 days. Any subsequent remedy will be implemented with the minimum of delay.
Definitions: A ‘client’ (or ‘you’) is a person, persons, business or organization using any of the services provided by Tasty Fish Marketing™, a division of Birnbaum Consulting, LLC. ‘Company’ is Tasty Fish Marketing™, a division of Birnbaum Consulting, LLC. ‘Domain’ is the website address (Uniform Resource Locator) as specified by the client. ‘Content’ refers to the text, video, audio and images that the client requires on the website. ‘We’ refers to Tasty Fish Marketing, a division of Birnbaum Consulting, LLC.
These policies listed herein are effective as of 2018-6-11
Tasty Fish Marketing™, a division of Birnbaum Consulting, LLC, is not responsible for the content or privacy practices of non-Tasty Fish Marketing websites to which tastyfishmarketing.com or any other Tasty Fish Marketing website may link.
Copyright (design): Tasty Fish Marketing asserts copyright over work created for the client; this right transfers to the client upon final payment for the work. We retain moral rights to the work, meaning that we assert the right of attribution, the right to have the work published anonymously or pseudonymous, and the right to the integrity of the work. Tasty Fish Marketing exclusively owns the rights to any graphics, code, etc., presented to the client that is not used in the final production version, unless otherwise agreed upon.
Copyright (content): Usage fees and copyright clearance of website content are the sole responsibility of the client. Should any legal issues arise from the content or copyright of any assets supplied by the client or Tasty Fish Marketing, they will be the sole responsibility of the client.
SEO: We can provide Search Engine Optimization and ongoing site promotion for an agreed fee; otherwise you are responsible for these issues. The order in which websites are ranked in the natural search results is controlled by the search engines. While your site can be optimized for this, no guarantees can be made about the success of any search engine promotion activity.
All logos, trademarks, names and any other property of any corporation listed or represented herein on this website are the property of their respective owners. Tasty Fish Marketing makes NO claim to ownership over any copyrighted or trademarked material.