Terms & Conditions
Archetype Marketing’s general Terms and Conditions are listed below and may change from time to time. Certain client projects may require an additional agreement that may or may not include modifications to payment structure, deliverables and other specifics to custom project.
Alternative payment schedules must be authorized in writing via email by Archetype Marketing.
Archetype Marketing General Terms and Conditions
Last modified: Dec 2014
Agreement Between User And Archetype Marketing
Your Archetype Marketing subscription includes the features described on our website and as discussed and communicated via email between Archetype Marketing and User prior to purchase.
One-Time Archetype Marketing Services
Archetype Marketing offers consulting packages for its customers to provide training and Internet marketing expertise to help our customers succeed. Hours purchased as part of a consulting package expire 90 days from purchase. Initial consulting engagements typically include 30 minutes of preliminary research. Please contact Irene Kimmel to learn more about Archetype Marketing consulting packages.
Archetype Marketing can also replicate the customer’s website on Archetype Marketing’s WordPress network for implementation of custom landing pages and a blog, or create an entirely new template driven website for a customer. A custom quote is required for these services.
Customer Support for your subscription is included in your monthly subscription fee.
Live support for Archetype Marketing Products is available via Facebook messenger, Google Hangouts, Skype, Viber, WhatsApp or by calling +1 (415)320-6006. You can also send an email with details of your support request to firstname.lastname@example.org. We attempt to respond to support questions within one business day; in practice, our responses are generally even faster, however, we do not promise or guarantee any specific response time.
You agree that we can use your company name and logo in connection with marketing and promoting Archetype Marketing and where appropriate a “Designed by Archetype Marketing” may be included in your designs (i.e., at the bottom of your website).
Archetype Marketing will commence set-up of the services or products when upon confirmation of your subscription payment approval. Most subscription packages are set up to automatically renewed and be billed on successive billing dates.
Archetype Marketing services or products subscription can be canceled for any reason at the end of your current billing period. You will be responsible for cancelling any automatic billing through your original payment processor (Credit Card, PayPal, Google Wallet). No refunds of pre-paid subscription fees will be made. Customer will not have access to Archetype Marketing portal or websites following cancellation of service. Archetype Marketing may delete all images, content and information within 60 days of termination.
Payment for additional fees such as consulting packages and migration fees are due at the start of the engagement with no refunds.
Design services are always billed with a standard 50% up front to commence project and 50% on delivery. Your final payment must be submitted, received and processed prior to launch or delivery date. NO EXCEPTIONS
Account Suspension and Deletion for Nonpayment Policy
Archetype Marketing has implemented the following account suspension and deletion for nonpayment policy.
Invoices by Email and Late Fees
By default invoices are emailed to the account you specified during signup 30-15 days prior to the expiration of your hosting services. You will receive several reminder emails regarding a balance and due date on your account. Late fees of 10% are applied to accounts that are 48 hours past-due.
Account Suspension for Nonpayment
There is a grace period of 5 days after the due date before an account is suspended. Full payment plus incurred late fees are required to restore services. This is an automated process.
Deletion Warnings and Restoral Fee
Accounts that go past 30 days suspended with require a $25/€20 per domain restoral fee added to hosting balance paid in full plus late fees in order to restore your website.
Account Deletion for Nonpayment
Accounts still not paid within 60 days of the due date will be permanently deleted. All web files and email will be permanently deleted, and not available for restoration.
Use and Limitations of Use
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Archetype Marketing or its content in any way; (ii) modify or make derivative works based upon Archetype Marketing or its content; (iii) “frame” or “mirror” any of its content in any other server or wireless or Internet-based device; or (iv) reverse engineer or access Archetype Marketing in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of Archetype Marketing, or (c) copy any ideas, features, functions or graphics of Archetype Marketing.
You agree not to access (or attempt to access) Archetype Marketing by any means other than through the Archetype Marketing website or other interface provided to you by us, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) Archetype Marketing through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any files present on Archetype Marketing.
System Resource Usage
If Archetype Marketing determines that an account is utilizing an unacceptable amount of system resources, Archetype Marketing may temporarily deactivate the account in question. If Archetype Marketing’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases; Archetype Marketing will do all it can to assist customers prior to this scenario.
Archetype Marketing will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
Archetype Marketing performs nightly backups of shared and reseller servers; however, these backups are for Archetype Marketing’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Archetype Marketing does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Archetype Marketing’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
Cancelled Web Hosting
If you cancel web hosting it is YOUR responsibility to request a copy of the backup files and theme (if available depending on web hosting and/or web design agreement). Under no circumstances will we “reinstate” a website and/or theme after a 60 day period. Technology changes and we are not able to “reinstall websites and/or themes/skins, etc. after that 60 day period has expired.
Unsolicited Email (SPAM)
SPAMing, or the sending of unsolicited email, from a Archetype Marketing server or using a return email address that is maintained on a Archetype Marketing server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Archetype Marketing’s network also constitutes as a violation of this provision. Archetype Marketing will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.
For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $90/hour for any cleanup, research, and related work from their illegal activities.
Help us STOP SPAM! Please email support (at) archetypemarketing (dot) com immediately to report a violation of our SPAM policies.
At Archetype Marketing, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.
Customer Data Confidentiality
Confidential customer data is the property of the customer. Archetype Marketing will not utilize specific confidential data without prior customer consent. Archetype Marketing may use aggregate de-identified customer data and statistics for internal analysis and external marketing purposes.
Materials Provided To Us Or Posted At Any Archetype Marketing Website
Archetype Marketing does not claim ownership of the materials you provide to Archetype Marketing (other than suggestions, feedback and information relating to Archetype Marketing as provided above) or post, upload, input or submit to any Archetype Marketing website or its associated services (collectively “Submissions”) or works specifically created by Archetype Marketing for you. By posting, uploading, inputting, providing or submitting your Submission you are granting to us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of our and their businesses. No compensation will be paid with respect to the use of your Submission. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You agree to indemnify and hold us harmless against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) your use of Archetype Marketing; (b) your noncompliance with any of the terms and conditions hereof, or (c) the unauthorized use of Archetype Marketing by any other person using your user information.
Links To Third Party Sites
Archetype Marketing may contain links to third-party websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are provided to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by us of the Linked Site or any association with its operators.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH ARCHETYPE MARKETING MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO ARCHETYPE MARKETING. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN ARCHETYPE MARKETING AT ANY TIME. ADVICE RECEIVED VIA ARCHETYPE MARKETING SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH ARCHETYPE MARKETING FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We reserve the right, in our sole discretion, to terminate your access to Archetype Marketing and the related services or any portion thereof at any time, immediately upon notice.
Products & Service Terms
The following Terms and Conditions of Service apply to all products and services provided by Archetype Marketing referred to in this document as ‘the Company’.
All work is carried out by the Company is done so on the understanding that the client has agreed to the Company Terms and Conditions as set out below.
At the time of estimation, the Company will provide the customer with a written estimate or quotation.
By accepting the estimate or quotation the customer is agreeing to the Terms & Conditions set out herein.
Provision of Materials
You agree to provide us with the specific copy, images and information we require in order to complete the work, or to advise us as to where we can locate such materials. We accept no responsibility for your work not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you.
If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged at our standard rate. We accept no responsibility for the delay caused in providing you with the final work as a result of your supplying us with insufficient or unsuitable materials.
Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Print Proof Agreement
If the Company has provided you with a proof, your signing this agreement confirms that you agree to the design and contents of the printed document as depicted on the proof. By signing this agreement, you absolve the Company of all liability for any errors, omissions or discrepancies which may be present on the proof. Once you have signed this agreement and proof if supplied, you are not able to make any changes to the final product, nor are you able to hold the Company responsible for anything you are unhappy with. This contract revokes your right to take any kind of action against the Company for any aspect of the work with which you are later dissatisfied. Signing this contract means that, as long as the finished product is consistent with the proof if supplied, you must pay in full for the work. These terms are final and non-negotiable.
Making Changes After Proof Stage (Print Only)
If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see “Proof Agreement” above). Once the proof is signed off or agreed, whether verbally or via email, we incur charged and this is passed on to you as part of the total charge.
Print Quality (Print Only)
Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, the Company cannot guarantee an exact match in colour or texture between any materials that you may have supplied us, and the printed article.
Quantity Supplied (Print Only)
Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged.
Claims (Print Only)
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Company within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to the Company and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to the Company within 28 days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Standing Material (Print Only)
All materials (including but not limited to film, plates, negatives and positives) produced and used by the Company during the production process remain the property of the Company. Where these materials are provided by the client, they remain the property of the client. The Company reserves the right to dispose of lithographic work immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged for the safe-keeping of the materials.
Payment Terms (Print)
Print orders must be paid in full upfront.
Website Updates & Site Maintenance
These are charged at our standard rate per hour (or part thereof). If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job or hours taken from a prepaid package if you have this account with us.
Hosting & Email Accounts Hosting
Hosting for websites design by the Company vary in price and are normally charged annually. No clients or third parties will be granted FTP (File Transfer Protocol) access to our servers or any of our affiliates. Hosting does NOT include POP email (see below for email plans).
The Company take no responsibility for any loss of business through non retrieval of emails, bounced messages or undelivered electronic mail. The Company take no responsibility for the content of emails including attachments and viruses.
Cancellation of any website will result in the withdrawal of the hosting package after 48 hours. All hosting packages are non-refundable. Should the client request that a domain name purchased by the Company on their behalf be transferred to another host, a release fee of will be charged. Website hosting will be renewed automatically as part of the initial contract, but a notice period of not less than 14 days will be given at the time invoicing. Clients must cancel their renewal in writing within this notice period, otherwise all charges will become payable and cancellation will NOT be accepted after this date, as monies will have been paid by the Company on the client’s behalf.
The Company can facilitate the purchase of a domain name (http://domains.archetypecms.com in the US or http://domains of the client’s choice (subject to availability) as part of some design and hosting packages offered by the Company. An owner account will be set-up with designed registration name and information. An owner email, not belonging to said domain will be required for renewal and notices from registrar. Delay in websites going live because of administrative issues will not result in a delay in the site going live on the domain name that we have purchased on your behalf. Once the site is live on the domain name, all outstanding payment is due. It is not the Company’s responsibility if there is a delay in the transfer of a domain name held with another provider, and this will not be accepted as a reason to delay payment in full of all outstanding monies. Domains purchased through the Company
We do NOT provide email with Web Hosting services, however, domains purchased through Archetype Marketing include 3 email accounts. Please contact us for additional options regarding email.
Number of Email Accounts: 3
Space per Email Account: 100 MB
Any systems, including eCommerce, bespoke systems and Content Management Systems (CMS), provided to the client remain the intellectual property of the Company and as such no access is given to the source code or database. Systems cannot be transferred away from our provided hosting solution.
E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system. A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, the Company’s job is done. The Company offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. Additional training and support packages are available, and again the prices for these services are available on request.
The Company guarantees all of its websites/bespoke software solutions provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by the Company proving to be faulty or defective will be repaired/replaced free of charge to the working standard equivalent to launch.
The Buyer acknowledges that it is the Buyer’s responsibility to ensure that the facilities and functions of the Licensed Materials meet the Buyer’s requirements.
If a problem is found upon investigation not to be the Compnay’s responsibility, the Compnay may charge the Buyer immediately for all reasonable costs and expenses incurred by the Company in the course of or in consequence of such investigation.
Once a client has agreed the look and feel proof for the website and instructed the Company to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.
Once a complete website, or changes to a website are made live on the website on the clients instruction, it is deemed that the site and/or the content of the site have been approved and the work is therefore completed.
Clients have a period of 14 days in which to revert back any further changes and corrections afterwhich the Company reserves the right to make additional charges for further work.
We accept that certain details regarding your business, such as telephone numbers and email addresses, sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package. This policy applies throughout your contract with the Company: Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy and must be paid for.
Payment Terms (Web)
When we have finished building your site, we will put it live on our own server under a temporary name which we will give you. After we have informed you of the site’s location on our server, you must review the site and ask for any amendments to be made within two weeks. The site can be kept live for a longer period if you specifically request this.
We will put the site live on its own domain name, you are not permitted to point your own domain name to the test site on the Company servers. If this is found to be the case, we reserve the right to remove the site from our server.
Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to the Company.
If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify the Company from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.
All estimates for work are typically valid for thirty (30) days, after which time all proposed work will have to be re-quoted. Project scheduling is based on deposit to commence project date. We take no responsibility for a re-quoted price differing from an original quote.
The Company reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
The Company accept no liability whatsoever for consequential or third party losses, resulting from a delay in delivery or loss in service provided by the Company howsoever caused.
The Company accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by the Company.
The Company accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
The Company shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond the Company’s control.
The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself.
Jobs Put On Hold or Cancelled by the Client
Jobs put on hold or cancelled by the client during production will be invoiced at our full hourly rate based on the number of hours worked and our outlay on materials. This applies irrespective of any package agreements which have been signed, as package discounts only apply if a job is brought to completion. The invoice we issue must be paid in full together with any expenses that falls due accordingly.
Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, the Company, without prejudice to other remedies, shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.
The Company agrees keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.