Definitions
BEEANERD LLC (hereinafter referred to as “BEEANERD”): Refers to the primary designer, website owner, and employees or affiliates associated with BEEANERD LLC.
The Client: Refers to the company, organization, or individual requesting the services of BEEANERD, hereinafter referred to as “you.”
The Client: The company, organization, or individual requesting the services of BEEANERD LLC, hereafter known as “you.”
Acceptance
By entering into a contractual obligation with BEEANERD LLC, you acknowledge and voluntarily bind yourself to the following Terms & Conditions.
General
BEEANERD LLC will only carry out work as mandated by mutual agreement. You may provide appropriate order(s) via e-mail, telephone conversation, voice mail message, facsimile or United States Postal Service. Authorization provided by you will constitute a written/verbal agreement between you and BEEANERD LLC.
Intellectual Property Rights
All website, graphics, content and programming code remain the sole property of BEEANERD LLC. Scripts, CGI applications, PHP scripts, content, or software written by BEEANERD LLC remains copyrighted by BEEANERD LLC and may only be commercially reproduced or resold with the express written permission from management of BEEANERD LLC.
Scope Changes and Additional Work:
If the Client avoids providing essential information or intentionally withholds details that may impact the project scope, BEEANERD reserves the right to halt the project. In such cases, additional expenses may be incurred, and a revised project proposal reflecting the updated scope and costs will be presented for the Client’s approval before resuming work.
Confidentiality and Non-Disclosure:
Both parties agree to maintain strict confidentiality regarding proprietary information, trade secrets, and any confidential data exchanged during the course of the project. Disclosure of such information without mutual consent may result in legal action.
Ownership of Assets:
BEEANERD retains ownership of all digital assets created during the project, including but not limited to designs, code, and other intellectual property, unless otherwise specified in writing.
Subcontracting:
BEEANERD reserves the right to subcontract specific tasks to trusted third parties when deemed essential for project completion. This strategic flexibility allows us to tap into specialized skills and resources, ensuring optimal project outcomes.
Rest assured, while subcontracting enhances our ability to meet diverse project needs, any cancellation or adjustment of subcontracted tasks will not hold BEEANERD accountable.
Fees and Charges:
In the event of a project termination or breach of contract initiated by the Client, the Client shall be responsible for covering all outstanding fees up to the termination date, as well as any additional costs incurred by BEEANERD due to such termination.
Litigation Support:
BEEANERD retains the right to use recorded video calls for litigation support or dispute resolution purposes. The Client acknowledges and consents to the recording of video calls for security, documentation, and customer service purposes.
Indemnification:
Customer will and does hereby indemnify and hold harmless BEEANERD of and from all loss and damage and all actions, claims, costs, demands, expenses (including attorney’s fees), fines, liabilities, and lawsuits of any nature whatsoever for which Customer will or may become liable, incur, or suffer by any lawsuit, action, claim, demand, or proceeding arising from or associated with, directly or indirectly, BEEANERD’s execution and/or performance of its services (including consulting services) hereunder.
Governing Law and Dispute Resolution:
Any disputes will be resolved in the state or federal courts located within the State of Oregon. The parties agree to resolve any disputes through mediation or arbitration before pursuing legal action.
Force Majeure Clause:
BEEANERD shall not be held responsible for delays or failures in performance resulting from circumstances beyond its control, including acts of God, natural disasters, or unforeseen events.
Accessibility of Client Materials:
The Client agrees to provide timely access to any materials, information, or resources required for the project. Delays caused by the unavailability of necessary client materials may result in project postponement and additional charges.
Currency of Agreement:
This agreement shall remain in effect and applicable to all subsequent projects between the parties unless expressly revoked in writing.
Disclaimers & Limitations on Liability
BEEANERD LLC will not be responsible for URLs dropped or excluded by a search engine for any reason; delays or failure of performance resulting from internet service provider (ISP) delivery problems or failure; acts or causes beyond their control, including but not limited to:
–Acts of God
-Strikes
-Lockouts
-Communication line or equipment
It is hereby expressly agreed by you that use of BEEANERD LLC’s services is at your sole risk. It is further understood by you that all services are provided by BEEANERD LLC on an “as is” and “as available” basis. You hereby hold BEEANERD LLC harmless and waive any claim against BEEANERD LLC arising from the loss of data through corruption, piracy, breach of security, or for any other reason that is not a direct result of intentional or grossly negligent actions of BEEANERD LLC.
Payment of Accounts
All services are billed according to the project and as agreed upon in the proposal. The proposal is valid for 30 days from the date of issue, after which the proposal may be subject to revision. Payment for services is due upon receipt of invoice, and a deposit of 50% is required before any work will commence. This deposit is non-refundable after 15 days, as a significant amount of work is put into the project during that time. Additional edits or revisions outside of the scope of the proposal may result in additional costs.
Social Media Management
For social media management, the minimum contract length is six months, and the agreement will automatically renew yearly. If you wish to cancel this agreement, you must provide BEEANERD LLC with at least two months’ notice before the end of the current contract period. Social Media Creative ads are not refundable.
Maintenance & Support
BEEANERD LLC understands the need for a flexible schedule and will provide maintenance and support during nonbusiness hours if necessary.
Project Feedback and Timelines:
The Client is responsible for providing feedback on specific project items within a three-week timeframe. Failure to do so will be considered acceptance, and any additional changes or edits requested after this period may be subject to hourly charges at a rate of $150.
Backend Access:
Backend Access:
The Client is entrusted with the confidentiality of backend access credentials, recognizing that unauthorized access or intentional manipulation may result in adverse consequences. In the interest of maintaining the website’s integrity and optimal performance, we prefer that the Client does not have access to edit or make changes in the backend. Any necessary updates, modifications, or edits should be communicated to BEEANERD, and our team will promptly address and implement the required changes with professional expertise. Unauthorized attempts by the Client to edit the backend may lead to complications and additional charges, and BEEANERD reserves the right to seek compensation for damages and take legal action as necessary.
Loss Prevention:
BEEANERD is not liable for any loss, damage, or corruption of data resulting from third-party hosting services, external breaches, or unforeseen events. The Client is encouraged to implement their own data backup measures for additional security.
Client Responsibility for Security:
The Client is responsible for the security of their website and associated accounts. Negligence in maintaining strong passwords, failing to promptly address security concerns, or sharing confidential information may result in security breaches for which BEEANERD is not liable.
Client Avoidance of Information:
If the Client intentionally avoids providing information that increases the project scope, resulting in additional work and difficulties, the project may be halted, and additional expenses will be charged accordingly.
Exclusion of BEEANERD from Legal Actions:
By engaging in our services, the Client agrees not to take legal action against BEEANERD for any disputes, project-related issues, or dissatisfaction. The Client acknowledges that alternative dispute resolution methods, such as mediation or arbitration, shall be pursued before resorting to legal action.
Termination Due to Misconduct, Unprofessional Communication, and Client-Initiated Termination:
BEEANERD reserves the right to terminate this agreement immediately if the Client engages in any form of misconduct, including but not limited to harassment, discrimination, or any activity that compromises the professional relationship. Unprofessional communication, such as the use of offensive language, derogatory remarks, or any disruptive behavior, may also be grounds for immediate termination.
In the event of termination under these circumstances, the Client shall be responsible for covering all outstanding fees up to the termination date, along with any additional costs incurred by BEEANERD due to such termination
In the event of project termination initiated by the Client, the Client shall be responsible for covering all outstanding fees up to the termination date, as well as any additional costs incurred by BEEANERD due to such termination.
Project Culmination and Additional Charges:
Should the Client fail to provide feedback within a one-month timeframe, the project will be deemed culminated. Subsequent requests for additional edits or changes beyond this period will incur hourly charges at a rate of $150.
BEEANERD reserves the right to apply these charges to cover the resources and efforts involved in addressing delayed feedback and ensuring project completion. Timely collaboration is crucial to project timelines and the avoidance of additional financial implications.
Dispute Resolution:
Any disputes arising from or related to this agreement shall be resolved through mediation or arbitration before seeking legal action. Both parties agree to cooperate in good faith during dispute resolution proceedings.
Amendment of Terms:
BEEANERD reserves the right to amend these terms and conditions. Clients will be notified of any changes, and continued engagement in our services implies acceptance of the updated terms.
Miscellaneous:
If BEEANERD fails to enforce strict performance of any provision of these Terms, it will not constitute a waiver of the right to subsequently enforce such provision or any other provision of these Terms. If a provision of these Terms is void, invalid, or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Contacting BEEANERD:
If you have any questions about our Terms of Use, the practices of this site, or your dealings with this site, please contact BEEANERD at
hello@beeanerd.com.
Please review our Privacy Policy and Earnings Disclaimer. Be sure to return to these Terms of Use periodically to review the most current version. BEEANERD retains the right to update these terms and conditions. Continued engagement in our services implies acceptance of any revised terms. It is the responsibility of clients to stay informed about the latest terms and conditions.
