Terms & Conditions
For customers utilizing website hosting, web design, On-Page SEO, or other services provided by High Tides Digital Marketing
Following are terms of services for website hosting, domain registration, On-Page SEO, and web design services provided by High Tides Digital Marketing. Any information not provided at sign-up will be requested by High Tides Digital Marketing and provided by the client. Submission of an online order for service, indicates agreement to these terms of service.
1. Website Hosting Payment Terms: Billing for website hosting service will commence when the website hosting service is created, prior to development of a new website project. Website hosting services are invoiced once a year. Payment is due by the 15th of the current month’s hosting service. Termination of Website Hosting Services with High Tides Digital Marketing requires a 30-day advance notification via phone, e-mail or postal mail. If a customer chooses to activate their domain name through High Tides Digital Marketing, their domain name registration will expire with their hosting service. High Tides Digital Marketing reserves the right to change the rates by notifying customers 60 days in advance of the effective date of the change. High Tides Digital Marketing reserves the right to cancel hosting service at any time.
2. Website Hosting Pre-Payment Terms: All projects and services by High Tides Digital Marketing require a payment of 50% of the total project cost upfront. If the total project cost is $400 or less, a payment of 100% will be required. High Tides Digital Marketing may offer a discount for paying an entire year of hosting service up front. Refunds will not be issued in the case that a customer cancels their hosting service before the period they have pre-paid for.
2. Payment Terms Web Design:
A. Custom Web Design: High Tides Digital Marketing requires a 50% down payment on all custom web designs and services. Down payment on web design is non-refundable, and down payment amount may be modified at High Tides Digital Marketing's discretion. The final balance is due 7 days from completion of the project. If High Tides Digital Marketing is designing a website that is not also hosted by High Tides, final payment for the project must be received prior to project launch or relinquishing ownership to the customer. Should a development project span more than 30 days, customer will receive progress billing in the amount of at least 25% of the remaining balance each month, beginning on day 30 of development. Ongoing website maintenance and updates are billed on the 1st calendar day of the following month.
B. On- Page SEO: High Tides Digital Marketing requires the full payment for any on-page SEO prior to starting the project. Monthly service will be billed on the first day of each calendar month, for as long as the service remains active.
C. Any project in which requests a refund before the project start date, is entitled to a refund minus our processing fees of 2.9% + 3 cents.
3. General Payment Terms: Payment is due 7 days after the date of an invoice for all services. Accounts are in default if payment is not received 14 days after the invoice date. Accounts unpaid 60 days after the date of invoice will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge. If you default, you agree to pay High Tides its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. Any additions to the contract will be paid in the final invoice (payment #2).
4. Content Responsibilities: The customer is responsible for all content posted or stored on their web hosting space. High Tides Digital Marketing exercises no control over the content or information contained on the servers used for hosting. High Tides Digital Marketing will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. High Tides Digital Marketing is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the High Tides Digital Marketing provides or the software used by the customer.
6. Service Interruptions: High Tides Digital Marketing is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.
5. Account Credentials: The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact High Tides Digital Marketing immediately via e-mail or telephone.
6. Governing Laws: High Tides Digital Marketing’s corporate office is located in Palm Beach, Florida. This agreement will be performed in and governed by the laws of the State of Florida. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. High Tides Digital Marketing reserves the right to discontinue service for violation of any of the conditions of this service agreement. All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
7. Third Party Networks: Any access to other networks connected to High Tides Digital Marketing’s network must comply with the rules appropriate for that other network.
9. Adherence to Proposal: It is the responsibility of the client to review in full all proposals for website design, SEO and other services provided by High Tides. Should services or resources fall above the scope of the original proposal, High Tides reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or at High Tides’s discretion.
10. Project Timeline: It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by High Tides will result in delay of project, or risk putting the project on hold. High Tides may invoice customers for additional resources should the delay of a project interrupt High Tides’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to customers should a project be delayed or terminated as a result of the customer failing to adhere to the project timeline.
16. Website Go Live and Access: A project is considered complete when full development scope has been reached, and the project is approved by the customer. Should customers request changes beyond what was agreed to in the original proposal, High Tides may complete these changes at additional cost.. Once a project is complete, all changes requested will fall under High Tides standard website maintenance schedule. Account access to the website and written or verbal training, as agreed to in the initial proposal, will be granted only after final payment for the project is received by High Tides.
17. Termination/Cancellation Policy: High Tides Digital Marketing requires a 30-day notice prior to canceling a website hosting account. For Business Website Solutions, where the cost of development is broken down into monthly payments rather than an upfront development charge, a one year minimum contract is required. If service is cancelled early, the final balance on remaining months of service is due.