Terms & Conditions

This AGREEMENT is in effect between the signer, hereafter referred to as “Client,” and Once Coupled. This agreement is with respect to the client’s website, hereafter referred to as the “Work” and their purchased service, hereafter referred to as the “Product.” The parties agree as follows:

Limitation of Liability and Indemnity

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

In no event shall Once Coupled be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, if Once Coupled has not previously been advised of the possibility of such damages.

Client shall hold Once Coupled harmless in and from all claims, liabilities, damages, and detriments not arising from Once Coupled actual negligence or malfeasance. Any dispute, controversy or claim arising out of or relating to the construction or interpretation of this Agreement shall be conducted in Pinellas County, Florida.

Copyrights and Trademarks

The client represents to Once Coupled and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Once Coupled for inclusion in the project 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 Once Coupled and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Due Dates

Once Coupled agrees to make every effort to meet due dates as agreed upon. The Client should be aware that failure to submit required information or materials may cause delays in production. Any such delay caused by Client shall not constitute a breach of any term, condition or Once Coupled’s obligations under this Agreement. Note that delays are not linear but rather dependent on the then-current schedule.

Testing and Acceptance

Once Coupled will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to Client. Client, within five (5) business days of receipt of each Deliverable, shall notify Once Coupled, in writing, of any failure of such Deliverable to comply with the specifications set forth in the Proposal, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Once Coupled will undertake to make the same in a commercially timely manner. In the absence of such notice, the Deliverable shall be deemed accepted.

Early Termination

This Agreement shall commence upon payment and shall remain effective until the Services are completed and delivered. This Agreement may be terminated at any time by either party effective immediately upon notice. In the event that work is postponed or canceled at the request of the Client, Once Coupled shall have the right to retain any deposits it has received. In the event this amount is not sufficient to cover Once Coupled for time and expense already invested in the project, additional payment will be due.

Content and Changes

The Project pricing includes Once Coupled’s fee only. Any and all outside costs will be billed to Client unless specifically otherwise provided for in the Product. Client shall provide all content including images and video according to the timeline described by said Product. Any content that is provided out of the timeline is subject to additional service fees.

Changes in client input or direction or excessive changes will be charged at the then-current hourly rate. Any work the Client wishes Once Coupled to create, which is not specified in the Product will be considered an additional service. A separate contract may be required for work beyond the scope of this agreement. Once Coupled may extend or modify any delivery schedule or deadlines in the Proposal and Deliverables as may be required by such Changes.

Site Credit

A link to the the Client website will be placed on the Once Coupled web site as part of its business portfolio.

Client Responsibility

Communication

Keeping in contact frequently allows everyone to meet expectations. Email is preferred, as it allows for a written record of decisions to exist.

Site Backups

Once Coupled maintains internal backups of active project code and design files. This backup system is not intended as a solution for The Client. Many hosts, programs, and services offer regular backup solutions for your convenience. The Client is responsible for taking regular site backups throughout the project. Unless agreed upon in writing, the setup and use of a staging site is not included.

Site Security

Although Once Coupled makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, Once Coupled can in no way guarantee that the Finished Product(s) will not be subject to security breaches. Once Coupled recommends the observance of standard security practices.