We are pretty easy-going at Archetype Marketing but, like all businesses, we need to ensure everyone knows where they stand. This is where boring things like Terms and Conditions come into play. They don't make exciting reading but please make sure you have a read through them before ordering.

By using our services at Archetype Marketing, MadameInternet, or any of our other entities for any length of time. And by contracting or requesting from Archetype Marketing, MadameInternet.com or any of our other entities either verbally, by email or in writing you accept and agree to the following terms:

Terms of Use (updated February 2009)

Archetype Marketing Design Services Rates & Terms
Website Templates
Website Hosting
Governing Law

ARCHETYPE MARKETING DESIGN SERVICES RATES & TERMS

At ARCHETYPE MARKETING we provide professional, custom graphic design, web site design and printing products specifically focused toward our client’s target market. For an estimate on your project, call 415-830-6573 for additional information and to discuss project specifications.

1. BASIC DESIGN RATE

The basic hourly rate applies to design and development work. Although the subjective nature of design does not permit us to give firm quotes, we are glad to provide a written estimate of projected project costs. We recognize the need for budget control, and we will provide verbal or written reports on time as the project progresses. Billable time on design projects includes all time spent directly on the project, including: project research and development, client consultations, design work, revisions, proof output, coordinating with sub-contractors, and communications (phone, email, and in person). Billable time may also include travel time to client’s location or other location associated with the job, as required. Contact us for our current hourly design rates.

2. CONTINGENCY COSTS

Contingency costs cover elements of the project not covered by the contract and may include:

• Rush charges for projects with quick deadlines
• Charges for delayed payment (See payment terms)
• Charges for changes to the project outside the parameters agreed upon

3. EXPENSES

Expenses are incurred when the project requires use of materials or vendors other than design work performed by ARCHETYPE MARKETING Expenses may include:

• Printing, color proofs, film and other pre-press production items
• Rush and delivery/overnight fees
• Photography sessions and film development
• Stock Photo and/or Clipart purchases specifically related to the project
• Paper purchases (usually included in printing costs)
• Print coordination fees and job pickup/delivery costs
• Web Site Hosting & Domain Name Registration fees
• Sub-contracting, other vendor costs & Project Management Fees

4. BILLING & PAYMENT TERMS

General Billing Terms: For projects with an estimate of >$1,000.00 and with a turnaround time of 90 days or less - 50% of estimated graphic design and contingency costs are due upon beginning a project and/or contract signing unless the project is small or of short duration (determined at initial consultation). Payment must be made before any work is started on a project. If you would like to see drafts in a few days than a wire-transfer of funds is recommended. THERE ARE NO EXCEPTIONS! WORK ON PROJECTS WILL NOT START UNTIL ARCHTEYPE MARKETING RECEIVES PAYMENT. Archetype Marketing reserves the right to invoice client at any time if project extends beyond projected completion date, or if the number of billable hours on the project exceeds the estimated project time. Changes in initial Scope of Work will require pre-payment of any additional deposits due. 100% of printing costs and/or any additional outside vendor costs must be paid prior to submitting the project to print, unless credit has been established. Outside vendors used by ARCHETYPE MARKETING to facilitate client project may incur an Agency Fee due to ARCHETYPE MARKETING.

Projects that go beyond 90 days without completion will be charged the remaining balance due as a "Retainer" and the final costs will be deducted out of retainers paid.

All invoices are due and payable upon receipt and must be paid UPON COMPLETION of project, unless otherwise specified in the contract.

• 50% of estimated project costs are due upon contract signing unless the project is small or of short duration (determined at initial consultation).
• Contracts signed and payments must be made before any work is started on a project. Late payment may result in modification of timelines.
• Progress payments for project milestones will be indicated in the statement of work/contract - if applicable.
• ARCHETYPE MARKETING reserves the right to invoice client at any time if project extends beyond deliverables date as outlined in the contract.
• Designer will invoice client promptly for balance upon client receipt or posting (to client server) of project deliverables.
  All invoices are due and payable upon receipt and must be paid NO LATER THAN NET 15 unless otherwise spec’d in the contract. A $25.00 penalty for late payment will be assessed if payment is not made by the 10th day.
• ARCHETYPE MARKETING offers a 2.5% discount for payments via Bank Transfer and made within 5 days of receipt of invoice.
• All invoices overdue past NET 30 will be sent to collections promptly and termination of any online deliverables if applicable will occur.

Retainer Clients: For projects with an estimate greater than $1,000 and an anticipated completion time longer than 90 days a retainer of no less than 75% of total estimated costs must be paid prior to project commencement. Monthly invoices will be submitted by Archetype Marketing with expenses to be paid in full and services billed off of the retainer. If project scope has changed Archetype Marketing may chose to increase/replenish retainer during the monthly billing.

5. PAYMENT METHODS

Archetype Marketing uses (and we recommends) Freshbooks for all invoices, expense billing and support tickets.  All invoices are NET-PROMPT and due immediately. Invoices may be paid by credit card via PayPal or Google Checkout directly through our invoicing system.  Payment via checks are accepted if payment is mailed promptly (Please note that Archetype Marketing will have to manually enter payments once received).  A $25 fee will be assessed for all returned checks.

Recurring Services (such as hosting and email marketing) require a credit card to be added to your client account for regular billing unless otherwise arranged.  Annual payments for most services offer a 10% discount if paid in full and in advance.

6. PROJECT CANCELLATION

Should client or designer stop the project at any time during the development period, designer will invoice for work completed up to the point of termination. Cancellation fees may apply as determined by ARCHETYPE MARKETING.

7. Abandonment /Termination

If Work is stopped due to Designer waiting on additional materials supplied by Client for over 30 days after work has started, Designer reserves the right to bill as completed work. If Client "abandons" or "terminates" a project after starting or paying deposit, the deposit is non-refundable. If client does not proceed with project. Designer will attempt to contact client, but after after 90 days, with no forward progress on project, the project will be placed into a "holding pattern", and a "holding fee" can be applied. Depending on work done on project, a final invoice for the whole project can be applied.  A re-start fee may be imposed if project is later requested to be continued after placed on hold.  If either party wishes to "cancel" a project after deposit is received on any project/job, this can be done in writing or via email. If project is canceled, designer reserves the right to bill hourly for time spent researching, designing, meetings, or  communication and for any materials, domain registration(s) and hosting setup. 

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TERMS OF USE FOR WEBSITE TEMPLATES

MadameInternet.com Website Templates

1. IMPORTANT INFORMATION

You should carefully read the following terms and conditions. Your purchase or use of our products implies that you have read and accepted these terms and conditions.

2. LICENSE

Our website grants you a nonexclusive limited license to use the web templates and other products sold through our web site by independent content providers (the "products") in accordance with these Terms and Conditions (the "license") issued by our company.

a) LIMITED USAGE GRANTED

You may only use each individual product on a single website, belonging to either you or your client. You have to purchase same template once more in order to make another project with the same design.

b) MODIFICATIONS

You are authorized to make any necessary modification(s) to our products to fit your purposes.

c) UNAUTHORIZED USE

You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.

d) ASSIGNABILITY

You may not sub-license, assign, or transfer this license to anyone else without prior written consent from templatemonster.com.

e) OWNERSHIP

You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of independent content providers.

Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.

3. OUR REFUND POLICY

Since our company is offering non-tangible irrevocable goods we do not issue refunds after the product is shipped, which you are responsible for understanding upon purchasing any article at our site. Please make sure that you've carefully read 'sources available' section. We only make exceptions with this rule when the product appears to be not-as-described on a case by case basis in agreement of the parties concerned. The deadline for any refund claim is one week after the delivery date

4. ANTIFRAUD CHECK

Customer purchase can be suspended for manual anti fraud check for 10-20 minutes as well as it can be suspended for longer term (around 20 hours) for more serious investigation. Anti fraud check occurs because of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase.top

WEBSITE HOSTING TERMS

Archetype Marketing | MadameInternet.com Website Hosting

1. PAYMENT FOR SERVICES

You agree to pay all of our proper invoices for all installation charges, service fees and charges, equipment fees, and all other charges in connection with the services, including, but not limited to, fees for late payment and interest, charges for returned or "bounced" checks, reasonable attorneys fees in the event that we are required to retain counsel to enforce this agreement, and disconnection fees and early termination charges if we terminate this agreement because of your default. If you dispute any of the charges on your bill, you must notify us immediately or, at the very least, no later than 30 days after the date on the disputed bill. All items not in dispute must be paid when due. Once the dispute is resolved, any appropriate adjustments due to you or to us will appear on the next bill. After the Term of the Plan selected ends, you will automatically be renewed for the same Plan unless written notice is provided by 7 days prior to your next billing date. We may terminate any or all services, without additional notice if payment is not received when due. If, after termination, you desire to restart the services, you may be required to pay additional fees and deposits, and to prepay for the services.

Bottom Line for Hosting Payments: You will receive a bill for your hosting services several days prior to due date (depending on whether you have chosen (monthly, quarterly, or annual billing) and several "reminder" emails if your hosting bill is not paid. If you have not paid your hosting bill by the 10th day following your due date your account will be assessed a late fee of $25.00. If your hosting services are still not paid by the 15th day after the due date, your hosting service will be suspended and a "suspend page" will appear at your url. You will have 5 days, up until the 20th day after your hosting service is due to satisfy your payment including any late charges and your site will be restored with no additional charges. After the 20th day of your hosting service billing due date you will be charged an additional $30 to restore your site. Once your hosting service bill has reached 30 days past due your site will be completely removed and you will be responsible for establishing new service and uploading your entire site (including databases) to the server. If MadameInternet has retained a backup copy of your website you will be able to re-establish service after full payment of past due fees and penalties as well as advance payment of web hosting services for a minimum of 3 mos and a re-instatement fee of $50. There are NO exceptions your website will BE REMOVED if payment is not received.

2. Termination of Service

Your contract term is the same duration as your billing term when you originally signed up for service. The contract term will automatically renew each period unless the Termination of Service agreement is received by our billing department. Termination of service requires that a Support Ticket (you must log into your billing account) requesting Termination of Services be submitted at least 7 days prior to your next billing. Once the TOS support ticket has been received, we will process your request within 24 hours. By signing up for ARCHETYPE MARKETING | MADAME INTERNET Hosting services, you agree to hold Archetype Marketing/MadameInternet.com completely free from any and all liability related to both the operation and termination of services including but not limited to loss of revenue, loss of access to resources, security breach of sensitive information, costs associated with transferring the account to another provider, repair cost, or development costs.

3. Restrictions

User May Not:

• Post offensive, threatening, or SPAM, when using our services
• Post or transmit viruses or any harmful component to others.
• Transmit anything that is protected by copyright without permission.
• Attempt to violate the security of any computer network
• Engage in any illegal activity.

Examples of unacceptable material on MadameInternet.com Dedicated servers include:

• IRCD (irc servers)
• IRC Scripts/Bots
• Pirated Software/Warez
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/spam Scripts
• Escrow
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery Sites
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro

4. Failure to Comply With Terms and Conditions

We may deny User access to all or part of the Services without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

5. Backups

Hosting Accounts are backup regularly, but we shall not be held responsible to any lost data regardless of the reasoning for data loss or system causes. But will aid the customer in restoring data and files with backup on request. We always highly recommend keeping 2 back-up on removable media of ALL Data and files!

6. Acts Beyond Our Control

We shall not be deemed in breach if our obligations are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, failure of transportation or communication, third party nonperformance (including, without limitation, the failure or performance of common carriers, interexchange carriers, local exchange carriers, suppliers and subcontractors), or any other cause beyond our reasonable control.

7. Limitation of Liability

THE SERVICES HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED, ABOUT OUR EQUIPMENT, SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED, OR ARISING BY LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL, HOWEVER, REPAIR OR REPLACE AT NO CHARGE TO YOU ANY OF OUR EQUIPMENT THAT, IN OUR SOLE JUDGMENT, FAILS TO OPERATE PROPERLY BECAUSE OF A DEFECT OR ORDINARY WEAR AND TEAR. YOU ACKNOWLEDGE THAT WE DO NOT EXERCISE CONTROL OVER THE CONTENT OF INFORMATION PASSING THROUGH THE EQUIPMENT WITH THE SERVICES WE PROVIDE. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE ACCURACY, QUALITY, OR NATURE OF THE INFORMATION OBTAINED THROUGH THE SERVICES WE PROVIDE. WE WILL NOT BE RESPONSIBLE FOR LOSS OF PROPERTY OR INJURY RESULTING FROM ANY DEFECT IN THE EQUIPMENT, ITS INSTALLATION, DISCONNECTION, OR OTHERWISE; OR FOR ANY SERVICE, SERVICE FAILURE, OR INTERRUPTION RESULTING FROM CIRCUMSTANCES BEYOND OUR CONTROL. OUR ONLY RESPONSIBILITY FOR ANY FAILURE OR INTERRUPTION OF SERVICES WILL BE TO CREDIT YOUR ACCOUNT IN ACCORDANCE WITH THE PROVISIONS OF THE SERVICE LEVEL AGREEMENT. IN NO EVENT SHALL OUR LIABILITY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT OF FEES PAID BY YOU IN THE APPLICABLE MONTH. WE SHALL IN NO EVENT BE LIABLE FOR (i) LOSS OF PROFITS OR GOODWILL, (ii) LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR (iii) CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR CONTINGENT DAMAGES OF ANY KIND (WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE FOR ANY ACT OR OMISSION, STRICT LIABILITY, WARRANTY OR OTHERWISE), OR BECAUSE OF ANY DELAY BY US OR OUR AUTHORIZED REPRESENTATIVES IN PROVIDING THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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Governing Law

The Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Idaho (without regard to its principles of conflicts of laws) and applicable federal laws and any applicable tariffs, rules, and regulations. Any action to enforce The Terms and Conditions shall be brought in a state or federal court located in Boise, Idaho. In addition, our performance hereunder shall be subject to any applicable governmental rules, regulations, and tariffs filed by us or our affiliates with governing regulatory authorities. In the event of a conflict between the terms of any applicable tariff, rule, or regulation and the Terms and Conditions, the tariff, rule or regulation shall control, with respect to such conflicting provision. All non-conflicting terms of the Terms and Conditions shall apply.

All Rates & Terms must be signed off prior to commencing project work.

Archetype Marketing reserves the right to change or modify these terms with no prior notice.