Additional Policies
Last Updated: December 15, 2024
1. Work and Payment
1.1 Scope of Services
Giant (“Consultant”) shall provide services as outlined in the service agreement with the Client. These services are detailed in the specific Service Package selected by the Client and any additional agreements or addenda.
1.2 Schedule
The Consultant will begin work upon acceptance of the service agreement and continue until the completion of the project unless terminated earlier as provided in these policies. For details on non-communication and project management policies, see Section 12 (Project Management Policies).
1.3 Payment
The Client agrees to pay the Consultant the fees outlined in the service agreement and any accompanying payment schedule. See Section 17 (Payment and Refund Policy) for details on payment procedures and policies.
1.4 Expenses
The Consultant shall be responsible for all expenses incurred in connection with the services provided under this Agreement unless otherwise agreed upon in writing by the Client.
1.5 Invoices
The Consultant will issue invoices to the Client according to the payment schedule specified in the service agreement. The Client agrees to pay all invoices within the time frame specified in the service agreement.
1.6 Support
The Consultant agrees to offer support for the agreed-upon deliverables, including providing training to the Client through instructional videos and assistance in adding content and blog posts as necessary. The Consultant’s ongoing support will be available at the current standard rate.
1.7 Point of Contact
To ensure effective communication and efficient project management, the Client must designate a single Point of Contact for the duration of this Agreement. See Section 12 (Project Management Policies) for more details.
2. Ownership and Licenses
2.1 Ownership of Work Product
As part of this project, the Consultant creates a “work product” for the Client, encompassing finished products, drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and other items crafted during the project’s execution. Unless otherwise stipulated in this Agreement, the Consultant retains all rights, titles, and interests in and to the work product, except for the asset files specifically itemized in the list of deliverables. Upon completion and full payment, these asset files are transferred to the Client.
All Giant custom web design clients shall display a “Powered by Giant” link in the footer of every page of their website. This provision is non-negotiable, and the Client agrees to this requirement as a condition of hiring the Consultant. The “Powered by Giant” link may not be removed without the prior written consent of the Consultant, and removal may only be obtained by paying the Consultant a fee of $2,500.
2.2 License to Consultant’s Work Product
The Consultant grants the Client a non-exclusive, non-transferable license to use the work product solely for the purpose delineated in this Agreement. This license pertains explicitly to the asset files listed in the deliverables. Any native working files, software, or materials not directly outlined in the deliverables are exempted from this license and remain under the Consultant’s ownership. The Client does not possess rights to sublicense, sell, or exploit the work product outside the agreed-upon intentions of this Agreement.
2.3 Proprietary Rights, Software, and Licenses
The Consultant retains sole and exclusive ownership of all rights, title, and interest in and to the website, including but not limited to designs, functionality, code, software, and related files (“Proprietary Data”). The Consultant owns, has created, or has obtained the necessary licenses for all software and templates used to power and design the website, which the Client is authorized to use while the site is owned and hosted by the Consultant.
This Proprietary Data, including dynamic templates and associated software, is considered confidential and proprietary information of the Consultant, protected under applicable intellectual property laws. The Client acknowledges that the Proprietary Data, software, and any files generated using the dynamic templates shall not be shared, distributed, replicated, or provided to the Client or any third party unless expressly authorized in writing by the Consultant. Unauthorized use or disclosure of Proprietary Data, software, licenses, or template-generated files may cause irreparable harm to the Consultant, for which monetary damages would be insufficient. Therefore, the Consultant is entitled to seek injunctive relief and any other remedies available at law or in equity to prevent any unauthorized use or disclosure.
2.4 Background Intellectual Property
In the provision of services under this Agreement, the Consultant may incorporate or utilize intellectual property owned by the Consultant or licensed from a third party, which does not constitute a “work product” (hereinafter referred to as “Background IP”). Examples include pre-existing code, type fonts, legally licensed stock images, and web application tools. The Consultant retains all rights and intellectual property in the Background IP unless explicitly transferred or licensed in this Agreement or its addenda.
The Client is granted a non-exclusive, perpetual, worldwide, irrevocable, but non-sublicensable license to use the Background IP solely in connection with the work product delivered under this Agreement. The Client is not permitted to sublicense, sell, or separately license the Background IP. This license endures beyond the termination of this Agreement, but any other rights to the Background IP not explicitly granted remain with the Consultant.
2.5 Return of Property
Upon the completion or termination of this project, or upon written request from either party, both the Consultant and the Client shall promptly return to each other any property, documentation, or confidential information that rightfully belongs to the other party. Notwithstanding the aforementioned, unless explicitly specified in this Agreement, the Consultant retains ownership and rights to any work product, equipment, software, licenses, or other materials created, utilized, or developed by the Consultant during the term of this Agreement. Only items expressly listed or identified as belonging to the Client or items provided by the Client to the Consultant in the course of the project are subject to return.
3. User Access and Permissions
3.1 Scope of Access
The Client’s access to the services provided under this Agreement is limited strictly to the level and scope of access purchased as defined in the Service Package (“Authorized Access”). The Client is not entitled to any features or resources beyond those in the Authorized Access.
3.2 Administrative Access
The Client acknowledges and agrees that administrative-level access to the services’ hosting environment or website (“Admin Access”) is expressly prohibited and shall not be provided at any time. The Client shall have no capability to make any changes to the hosting environment that could affect the underlying infrastructure, other users, or the overall integrity of the services.
3.3 Editor Access
If the Client is granted Editor-level access, which allows the management of all pages and content on the site, the Client acknowledges that this access is intended for advanced-level users. Any damages or disruptions caused by misuse or errors under Editor-level access will be the Client’s responsibility. The Consultant will bill the Client at the standard hourly rate for any work required to correct such damages.
3.4 Blog Access
If the Client has purchased a Service Package that includes creating and hosting a blog (“Blog Access”), the Client shall be granted the necessary permissions to manage and publish content to their blog within the confines of the provided platform and tools. Blog Access is subject to the terms and conditions of this Agreement and is limited to the Client’s blog as hosted by the Consultant.
3.5 Gallery Access
Similarly, if the Client’s Service Package includes access to a digital image gallery (“Gallery Access”), the Client is permitted to upload, manage, and display images within the parameters set by the Consultant. Gallery Access, like Blog Access, is confined to the functionalities provided and does not extend to any administrative functionalities.
3.6 No Unauthorized Access
The Client agrees not to attempt to gain unauthorized access to any portion or feature of the services, or any other systems or networks connected to the services or any server used by the Consultant, by hacking, password “mining,” or any other illegitimate means.
3.7 Compliance with Terms
The Client shall use the services strictly in accordance with the terms of the Authorized Access. Any use of the services outside the scope of the Authorized Access, as detailed in this Agreement and the accompanying Service Package description, is a breach of this Agreement and may result in suspension or termination of the Client’s account and access to the services.
3.8 Modification of Access
The Consultant reserves the right to modify, enhance, or restrict the Client’s access at any time due to non-compliance, security concerns, or any other reason deemed necessary by the Consultant to maintain service integrity and security. Furthermore, in the event that the Client is delinquent in payment or owes the Consultant any fees, the Consultant reserves the right to suspend hosting or any other services provided until the Client’s account is settled and compliant. Reactivation fees may apply as described in Section 17 (Payment and Refund Policy).
4. Competitive Engagements
4.1 Consultant’s Obligations
The Consultant acknowledges that they may provide services similar to those of other clients. The Consultant agrees not to use any confidential information obtained during the course of this Agreement to benefit any competitor of the Client. The Consultant further agrees not to solicit the Client’s customers or employees for any reason, directly or indirectly, during the term of this Agreement and for 170 days after termination.
If the Consultant uses employees or subcontractors, the Consultant must also ensure that they follow the obligations in this paragraph.
4.2 Client’s Acknowledgment
The Client agrees that the Consultant may work for other clients, including clients that may be considered competitors of the Client, provided that the Consultant does not use or disclose any confidential information obtained during the course of this Agreement to benefit such clients. The Client acknowledges that the Consultant may have prior experience or expertise in providing similar services to other clients and that such experience or expertise shall not be considered a violation of this Agreement.
5. Non-Solicitation
For the duration of this Agreement and extending 170 days beyond its termination, the Client shall not directly or indirectly solicit, induce, recruit, or employ any of the Consultant’s employees, subcontractors, or agents without the explicit prior written consent of the Consultant. Furthermore, the Client agrees not to engage in any actions that would encourage or cause any of the Consultant’s personnel to terminate their employment or contractual relationship with the Consultant.
In the event the Client breaches this non-solicitation clause, the Consultant reserves the right to pursue all legal remedies available to address such breach. This may include seeking compensation for damages, which encompasses the costs of any legal proceedings, lost profits, and other consequential losses directly resulting from the breach.
6. Representations
6.1 Authority to Sign
Each party represents and warrants to the other party that it has the full power and authority to enter into this Agreement and perform its obligations under it.
6.2 Consultant Has Right to Give Client Work Product
The Consultant represents and warrants that it owns the work product, has the right to provide it to the Client, and that no third party has any claim to the work product. If the Consultant uses employees or subcontractors, the Consultant further represents and warrants that these individuals have signed contracts with the Consultant that assign any rights related to the Consultant’s Background Intellectual Property and work product to the Consultant.
6.3 Consultant Will Comply with Laws
The Consultant represents and warrants that the manner in which it performs the services and provides the work product, as well as any Background Intellectual Property it uses, will comply with all applicable U.S. and foreign laws and regulations.
6.4 Work Product Does Not Infringe
The Consultant represents and warrants that the work product does not and will not infringe upon the intellectual property rights of any third party, that the Consultant has the right to allow the Client to use any Background Intellectual Property, and that this Agreement does not and will not violate any other contract that the Consultant has entered into or will enter into with a third party.
6.5 Client Will Review Work
The Client represents and warrants that it will carefully review the work product, be reasonably available to the Consultant if the Consultant has any questions or concerns regarding this project, and provide timely feedback and decisions.
6.6 Client-Supplied Material Does Not Infringe
If the Client provides any materials to the Consultant to be incorporated into the work product, the Client represents and warrants that such materials do not infringe upon the intellectual property rights of any third party.
7. Term and Termination
7.1 Term
This Agreement shall commence on the Effective Date and continue until the services are completed unless terminated earlier pursuant to this Section 7.
7.2 Termination by Notice
Either party may terminate this Agreement for any reason by providing written notice to the other party. Such notice shall specify the effective date of termination, which shall be no less than seven (7) days from the date of such notice. The party giving notice of termination must provide notice by taking the steps explained in Section 13.5 (Notices). Upon receipt of such notice, the Consultant shall immediately stop performing the services unless otherwise specified in the notice.
7.3 Termination of Hosting Services
The Consultant reserves the right to terminate hosting services provided to the Client at any time and for any reason at the Consultant’s sole discretion. Upon such termination, the Consultant will make reasonable efforts to notify the Client in advance and assist in the transition of services according to the terms outlined in this Agreement. This termination clause is in place to ensure the flexibility of hosting operations and the integrity of services provided.
7.4 Refunds
In the event that either party terminates this Agreement prior to completion of the services for any reason other than a material breach of this Agreement by the Consultant, the Consultant shall not refund any amount to the Client.
7.5 Survival
The following provisions shall survive any termination or expiration of this Agreement: Sections 2, 3, 4, 5, 6, 9, 10, 11, 12, and 18.
8. Independent Contractor
The Consultant is an independent contractor hired by the Client, and nothing in this Agreement creates any partnership, joint venture, or employer-employee relationship between the parties. The Consultant will provide its own equipment, tools, and materials to perform the work and will have full discretion and control over the manner and means of performing the work. The Client will not provide any training or instruction to the Consultant, and the Consultant will not act on behalf of the Client or enter into any contracts or agreements that bind the Client. The Consultant will not be entitled to the Client’s benefits, including but not limited to group insurance, retirement benefits, retirement plans, or vacation days. The Consultant will be solely responsible for paying its own taxes and all other statutory obligations, including social security and Medicare taxes, disability insurance, unemployment insurance, and workers’ compensation for itself and any of its employees or subcontractors.
9. Confidential Information
9.1 Overview
This section sets forth the parties’ obligations with respect to confidential information during and after the term of this Agreement.
9.2 The Client’s Confidential Information
The Consultant acknowledges that during the course of its engagement with the Client, it may have access to or come into possession of confidential information belonging to the Client. Confidential information includes, but is not limited to, customer lists, business strategies, research and development notes, statistics about a website, and other non-public information. The Consultant agrees to hold all of the Client’s confidential information in strict confidence, to use such information solely in connection with the performance of its obligations under this Agreement, and to take all reasonable measures to maintain the confidentiality of such information. The Consultant shall not disclose any of the Client’s confidential information to any third party without the Client’s prior written consent. The obligations of confidentiality and non-disclosure shall survive the termination of this Agreement and shall remain in full force and effect for a period of three (3) years after termination.
9.3 Third-Party Confidential Information
The parties acknowledge that they may have access to confidential information of third parties concerning the performance of their obligations under this Agreement. Each party agrees to hold all third-party confidential information in strict confidence, to use such information solely in connection with the performance of its obligations under this Agreement, and to take all reasonable measures to maintain the confidentiality of such information. Neither party shall disclose any third-party confidential information to the other party without the prior written consent of the third party. If either party is required by law or legal process to disclose any third-party confidential information, it shall promptly notify the third party of such requirement and provide the third party with the opportunity to seek a protective order or other appropriate remedies.
10. Limitation of Liability
10.1 No Liability for Indirect Damages
Both parties agree that neither of them shall be liable to the other for any indirect, incidental, consequential, special, or punitive damages or any loss of profits, business, revenue, data, use, or goodwill, even if such party has been advised of the possibility of such damages.
10.2 Liability Cap
In no event shall either party’s total liability under this Agreement exceed the total amount paid or payable by the Client to the Consultant under this Agreement. The parties acknowledge and agree that this limitation of liability is a material term of this Agreement and that the parties would not have entered into this Agreement without this limitation.
10.3 Disclaimer of Warranty
THE CONSULTANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE CONSULTANT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
10.4 Force Majeure
The Consultant further agrees that it will not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused by an event beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
11. Indemnity
11.1 Overview
This section transfers certain risks between the parties if a third party sues or goes after the Client, the Consultant, or both. For example, if a third party sues the Consultant for something that the Client did, then the Client may promise to come to the Consultant’s defense or to reimburse the Consultant for any losses.
11.2 Client’s Indemnification
In this Agreement, the Client agrees to indemnify and hold harmless the Consultant (and its affiliates and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of: (i) a breach by the Client of its obligations under this Agreement; (ii) the Client’s use of the work product; or (iii) the Client’s instructions, specifications, or requests to the Consultant.
11.3 Consultant’s Indemnification
In this Agreement, the Consultant agrees to indemnify and hold harmless the Client (and its affiliates and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of: (i) the work the Consultant has done under this Agreement; or (ii) a breach by the Consultant of its obligations under this Agreement.
12. Project Management Policies
12.1 Non-Communication Policy
Effective communication is vital for the success of the project. If the Consultant is unable to communicate with the Client for a continuous period of at least seven (7) days by phone or email during any portion of the project due to the Client’s unresponsiveness, the project will be canceled without prior notice. In such an event, the provisions of the Section 17 (Payment and Refund Policy) will apply.
12.2 Point of Contact and Training
To ensure effective communication and efficient project management, the Client must designate a single Point of Contact (POC) for the duration of this Agreement. The POC shall be responsible for clarifying design requirements, key features, usability, and maintenance issues and shall be available to respond to questions arising from the project within 24 hours on workdays, subject to reasonable exceptions. The POC must have the authority to make project-related decisions.
The Consultant shall not be responsible for providing training on the use or maintenance of the work provided unless such training has been explicitly included in the scope of the project as agreed upon by both parties in writing. The Client agrees that the Consultant is being hired to perform all aspects of the project and shall not be required to collaborate with any other contracted designers, coders, or internal personnel of the Client.
In the event that the Client fails to designate a single POC or if the POC is unavailable to respond to questions within the specified time frame, this may be deemed a material breach of the Agreement and may be grounds for immediate cancellation of the project. The provisions of the Section 17 (Payment and Refund Policy) shall apply in the event of cancellation.
13. General
13.1 Assignment
Neither party may assign or transfer this Agreement, in whole or in part, without the prior written consent of the other party. Any attempt to assign or transfer this Agreement without such consent will be null and void.
13.2 Policies
The Client agrees to abide by all policies, procedures, and guidelines set forth by the Consultant, including those outlined in this document and any others provided in writing during the term of this Agreement.
13.3 Modifications to Terms
The Consultant reserves the right to modify these policies at any time. Any such modifications will be effective immediately upon posting on the Consultant’s website, and these terms will supersede any prior agreements. The Client agrees to review the policies periodically to be aware of any modifications, and by continuing to use the services, agrees to be bound by the current terms.
13.4 Arbitration
In the event of any dispute arising out of or related to this Agreement, the parties agree to resolve the dispute through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Juan County, Washington, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
13.5 Notices
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
- If to the Consultant:
Giant
Email: team@giantcreates.com - If to the Client:
[Client’s Name]
[Client’s Address]
[Client’s Email]
Either party may change such address from time to time by providing written notice to the other in accordance with this paragraph.
13.6 Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable. If any provision is held invalid or unenforceable in part, the remaining part of that provision shall remain valid and enforceable.
13.7 Governing Law
These policies will be governed by and construed in accordance with the laws of the State of Washington and the federal laws of the United States applicable therein, without giving effect to any principles of conflicts of law.
13.8 Entire Agreement
These policies constitute the entire agreement between the Client and the Consultant and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these policies. The Client acknowledges that the policies posted on the Consultant’s website may be updated more frequently and shall supersede any prior agreements. By doing business with the Consultant, the Client agrees to be bound by the current policies as published on the Consultant’s website.
14. International Customers
The Consultant is happy to accept projects from customers outside of the United States but requires full payment for all projects prior to the beginning of the project via credit card. This provision is non-negotiable.
15. Changes to Additional Policies
15.1 Right to Change
We reserve the right to change these Additional Policies at any time.
15.2 No Notification
We will not notify you when we make changes to Additional Policies.
15.3 Responsibility to Review
The Client is responsible for periodically reviewing these policies to stay informed of any updates or changes.
15.4 Contact Information
If you have any questions about these terms, please contact us at team@giantcreaets.com.
16. Site Transfer Provisions
16.1 Transfer Conditions
Clients wishing to transfer their site to another hosting service must acknowledge that certain plugins and software integral to its functionality are licensed exclusively to the Consultant and are not transferable. The Consultant retains ownership of all proprietary designs, software, and related files for creating and operating the site. Prior to any transfer, the Consultant will deauthorize and uninstall any such plugins and software to comply with licensing agreements and protect proprietary technologies.
16.2 Transfer Process
Transferring a site includes a comprehensive review to ensure all proprietary and licensed elements are appropriately handled. The Consultant will assist in preparing the site for transfer, which may involve modifications to ensure the site’s functionality outside of the Consultant’s hosting environment.
16.3 Assumption of Responsibility Upon Transfer
By proceeding with the site transfer or gaining access to specific site functionalities, the Client acknowledges and agrees to the following terms:
- Liability Release: The Client releases the Consultant from any liability related to the site’s workmanship, performance, or any other web-related issues that may arise after the transfer or access is granted. This release covers all aspects of the site’s operation, including but not limited to performance issues, security vulnerabilities, and functionality concerns.
- Responsibility for Damages and Repairs: Post-transfer, any required repairs, modifications, or maintenance to the site will be undertaken by the Consultant at the Client’s request and will be billed at the Consultant’s current hourly rate. The Client accepts that these services are outside the scope of any previous agreements and acknowledges their responsibility for any costs incurred as a result.
- Comprehensive Acknowledgment: By agreeing to these policies, the Client acknowledges their comprehensive understanding and agreement to these terms, assuming responsibility for the ongoing maintenance and performance of the site following the completion of the Consultant’s direct involvement.
16.4 Transfer Fee
The site transfer service requires a flat fee of $2,500. This fee covers the administrative, technical, and legal efforts necessary to facilitate the transfer, including the reauthorization of plugins and software and the preparation of the site for a new hosting environment. Additional assistance will be quoted and billed at the Consultant’s current hourly rate.
16.5 Client Responsibilities
Post-transfer, the Client assumes full responsibility for the site, including compatibility checks with the new hosting environment and managing the site’s operation within that environment. Clients are encouraged to discuss potential impacts and requirements with their new host in advance.
16.6 Compliance with Licensing
The Client is responsible for ensuring that any new plugins or software installed post-transfer comply with licensing laws and are legally obtained for use. The Consultant will provide guidance on alternative solutions where necessary.
17. Payment and Refund Policy
17.1 Introduction
This Payment and Refund Policy governs the payment procedures for products and services offered by the Consultant. By accessing or using the Consultant’s website or services, the Client agrees to be bound by this Payment and Refund Policy. If the Client disagrees with this Payment and Refund Policy, they may not use the Consultant’s website or services.
17.2 Rates
The Consultant’s standard rate is $150 per hour for services provided during standard office hours, Monday through Friday, from 7 a.m. to 3 p.m. A rush fee of an additional $150 per hour will apply for work requested outside of standard office hours.
17.3 Payments
The Consultant accepts payments via PayPal, Venmo, and all major credit cards. Payments should come from PayPal available funds or a credit card.
17.4 Refunds
The Consultant does not offer refunds once work has begun. Cancellation after work has begun will result in forfeiture of all payments made. All work completed will be itemized at $150 per hour, and if the work done equals more than the deposit, the Client will be responsible for compensating the Consultant for the itemized work.
17.5 Frequency of Payments
Payments will be made at the specified frequency outlined in the service agreement or automatic payment plan. The Client will not receive prior notification of these payments; however, post-payment confirmation will be emailed.
17.6 Automatic Payment Plan Failure
In the event of a failed payment under the automatic payment plan, the Consultant will attempt to process the payment three times. If the payment continues to fail, the Consultant reserves the right to take the following actions:
- Suspension of Services: If the payment fails after three attempts, services provided by the Consultant will be suspended.
- Late Fees: A fee of $25 per day will be added to the Client’s account, with a maximum charge of $500.
- Termination of Agreement: If the account is not returned to good standing within 15 days, the agreement between the Consultant and the Client will be terminated.
- Reactivation Fee: A $500 reactivation fee will be added to the Client’s account to reactivate the service.
- Legal Action: If the service charge and additional fees are not paid within 15 days, legal action may be taken by the Consultant to recover these fees.
17.7 Cancellation of Automatic Payment Plan
The Client can cancel their consent to the Automatic Payment Plan at any time. To cancel the Automatic Payment Plan, written notice must be provided to the Consultant at least 30 days in advance. Please send a written notice to team@giantcreates.com. The cancellation request will be processed within 72 hours of receipt of the written notice.
17.8 Reestablishing Automatic Payment Plan
If the Client desires to reestablish their Automatic Payment Plan, they must send a written request to the Consultant at team@giantcreaets.com. A $500 activation fee or other fees may apply as described in this Payment and Refund Policy.
17.9 Changing Automatic Payment Plan
If the Client wishes to make changes to their Automatic Payment Plan, including changes to the credit or debit card or bank account used for recurring payments, they must provide written authorization for the change. Please send written authorization to the Consultant at team@giantcreates.com.
17.10 Chargebacks, Disputes, and Bounced Checks
The Consultant takes chargebacks and disputes very seriously. A chargeback occurs when a Client disputes a transaction with their bank or credit card issuer, and the funds are temporarily withdrawn from the merchant’s account. A dispute may arise when a Client challenges the validity of a transaction.
In the event of a chargeback or dispute, the Consultant will make a good-faith effort to resolve the issue with the Client. If the matter cannot be resolved, the following actions may be taken:
- Administrative Fee: The Consultant may assess a fee of $500 to cover the administrative costs associated with resolving the chargeback or dispute.
- Suspension of Services: The Consultant may temporarily suspend services until the issue is resolved.
- Legal Action: The Consultant may take legal action to recover the funds if necessary.
- Account Termination: Clients who engage in repeated or fraudulent chargebacks or disputes may have their accounts terminated.
Clients must promptly notify the Consultant of any errors or disputes related to their transactions. Clients should always contact the Consultant before disputing a transaction with their bank or credit card issuer.
17.11 Policy Acceptance
The Client acknowledges and agrees that by providing their credit or debit card information (the “Payment Method”), they agree to the terms and conditions outlined in this Payment and Refund Policy. The Client authorizes the Consultant to charge the total amount required by the payment plan to the specified Payment Method and authorizes the financial institution associated with the Payment Method to charge or debit the Client’s account and remit payment for services provided by the Consultant.
This authorization shall remain in effect until the Client provides written notification, as required under this Agreement, to terminate this authorization. The Client acknowledges and agrees that they have read and understand this Payment and Refund Policy and agree to be bound by its terms and conditions.
17.12 Changes to the Payment and Refund Policy
The Consultant reserves the right to modify this Payment and Refund Policy at any time, with or without customer notice. Clients are responsible for regularly reviewing this policy for any updates or changes.
18. Acknowledgment and Agreement by Payment
18.1 Payment as Acceptance of Terms
The Client acknowledges that by making any payment to the Consultant in relation to the services provided, they are expressly acknowledging and agreeing to all the terms and conditions outlined in this Agreement. This includes, but is not limited to, the terms regarding copyright and ownership, confidentiality, use of proprietary materials, and limitations on liability.
18.2 Informed Consent
The act of payment signifies the Client’s informed consent to the Agreement as a whole, including their understanding of and agreement to comply with all its stipulations, restrictions, and requirements as set forth by the Consultant.
Prior to making a payment, the Client is responsible for thoroughly reviewing the Agreement and seeking clarification on any points as necessary. Payment made without such review does not exempt the Client from the obligations and responsibilities outlined in this Agreement.
Each payment made by the Client will be taken as evidence of their ongoing acceptance of the Agreement terms, including any amendments or updates that may have been made to the Agreement up to the point of each payment.
19. Contact Information
If you have any questions regarding these policies, please contact us at team@giantcreates.com.
