Terms of Service

Terms and Conditions.

Terms of Service. The Client is entering into an annual service contract. The Client agrees to annual payments for services rendered by Think Local Design on the agreed upon price. Additional services added that are not listed will be billed as separate line items. Failure of timely payments will result in termination of service. Two attempts will be made to collect service fees before termination of service. The client will be contacted by one email and one phone call. Once the client’s account balance is current, the client’s service will be activated again. If payments are interrupted, Think Local Design reserves the right to receive payment in full for the current annual contract before website service is activated. Annual website hosting & support rates may increase over time to accommodate unforeseen increased costs in software licensing, security, hosting servers, government regulations / taxes, support requirements, etc.
Herbert Techmer LLC. Fort Myers, Florida is DBA Think Local Design.

Monthly Online Support & Website Updates. Monthly online support is for 1 hour to make changes to your website’s written content, specials, offers & adding new supplied photos or video. If you would like support for new projects like a website redesign, eCommerce integration, social media & email marketing, custom graphics & new page development, etc… additional charges will apply.

Payment of Service. The client agrees to allow Think Local Design and our third party credit card processor to charge the client’s credit card on file for services rendered for this contract on a recurring annual basis.

Legal Details. Think Local Design does not warrant that the functions contained in these web pages or the Internet website will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the client. In no event will Think Local Design 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, even if Think Local Design has been advised of the possibility of such damages. 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 enforce ability of any remaining provisions.

No Publication of Offensive, Pornographic or Adult Content Permitted.  Think Local Design exercises no control over content available from the internet including content accessed through the Think Local Design’s network. Some content may be considered offensive, illegal or adult in nature. All responsibility for access to content is with the client. Think Local Design may refuse to host and /or design any web page or web site solely at the discretion of Think Local Design for any reason. The client hereby releases and agrees to indemnify Think Local Design from all claims resulting out of the client’s web site.

Copyrights and Trademarks. The client represents to Think Local Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Think Local Design for inclusion in web pages 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 Think Local Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Think Local Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.

Copyright to Web pages. Copyright to the finished assembled work of web pages produced by Think Local Design is owned by Think Local Design. The client is assigned rights to use as a website, the design, graphics, and text contained in the finished assembled website. Rights to software, photos, graphics, source code, and work-up files are specifically not transferred to the client, and remain the property of their respective owners. If the Client provides graphics and photos those provided items are considered the client’s property. Think Local Design and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Think Local Design reserves the right to remove web pages from viewing on the internet until payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Governing Law Regardless of the place of acknowledgment of this agreement, the client agrees that for purposes of venue, this contract was entered into Lee County, Fort Myers, Florida, U.S. and any dispute will be litigated or arbitrated in Lee County, Fort Myers, Florida, U.S.

Provision for Early Termination of Service and Standard Procedure for Website Transfers.

1. In the event of termination of a website hosted by Think Local Design. We will release the website files in a single zip file that the user will have to install on a new hosting service. The terminated client will have 5 business days to download the zip file. Install their website onto their new third party hosting company server and update their DNS to point to the new server before it is removed from Think Local Pro’s Server Network.

2. Think Local Design is not responsible for the terminated client’s email service. MX records will have to be changed by the terminated client if they are using a third party email service.

3. All licenses and proprietary software will be suspended and removed. The terminated client must purchase their own software licenses and install website software. Without valid software and licenses the website may not function properly as originally designed and will not receive automatic security updates.

4. There will be no technical support for any issues that come up during the transfer process or after the website files are installed on another third party server. This includes database configurations, issues with software licensing, email and other unforeseen technical support issues. All risk is with the terminated client.

5. Early termination is defined as hosting a website for less than 2 years on Think Local Design’s Server. A fee of $295 will be charged for the transfer of the website and files when requested by the client within  the first 2 years of Think Local Design’s hosting service. After 2 years of service the website can be transferred without an assessed fee.

6. If the website files will not be transferred to a third party hosting company or kept on file by the terminated client, then no charge will be applied.

Sole Agreement. The agreement contained in the “Terms and Conditions” constitutes the sole agreement between Think Local Design and the client regarding this service contract. Any additional work not specified in this contract must be authorized by a written change order via email messaging.

Upon payment the client acknowledges and agrees to the terms and conditions of this agreement on behalf of his or her organization or business.