Terms of Agreement
By using this service you agree to be bound by these policies stated here. This is a legal agreement between Matthew Fleming Inc. and you. Please read this carefully before creating an account for this service. If you do not agree with these terms and conditions, please do not create an account or request to delete your account (if you have already done so). These Terms of Use may be modified by Matthew Fleming Inc. at anytime. Such modifications will be effective upon posting. Your continued use will be considered to have agreed to the amended version and bound by its terms.
Eligibility and Representation
You must be at least 18 years of age or older to become a subscriber of this service or to order website development, business coaching, and web hosting services. The content posted on your account or in any of the applications provided by Matthew Fleming Inc. is posted by you and that means that you are the sole author of the posted information.
Account Information
As part of the registration process you are asked to enter your business or personal information. This information must remain up to date on Matthew Fleming Inc. Your login information must be kept private and should not be used by anyone other than yourself and/or your employees. You are responsible for the confidentiality and use of your password and agree not to transfer or resell your use of or access to the services. You may change your password anytime you think your account is no longer secure.
Using the Service
Matthew Fleming Inc. is not responsible or liable for the deletion, corruption, or failure to store any content on your account. By using our services you acknowledge that certain features and other services may be changed without prior notice. The sending of unsolicited email and bulk email is strictly prohibited.
Service Fees
We reserve the right to charge a fee for any of the services provided on Matthew Fleming Inc. You will be notified of these changes prior to the change in service.
Content and Prohibited Use
By setting up an account on Matthew Fleming Inc., we may monitor, review, and delete any content published by you. You are responsible for all content posted on your account. No offensive content, unauthorized copyrighted material of someone else's work or material that exploits people under the age of 18 in sexual or violent manner. When using electronic communication you may not send spam, chain letters, or junk mail.
Maintenance of Matthew Fleming Inc.
You agree and acknowledge that Matthew Fleming Inc. may modify, limit, suspend, or discontinue the services provided on this website at anytime, without notice or liability to you.
Indemnification
You agree to hold harmless and indemnify Matthew Fleming Inc., its affiliates, business partners, contractors, clients, service providers, and their respective officers, employees, agents, and representatives from any and all claims, liabilities, cost or damages, including attorneys' fees and paralegal fees though final appears, made by any third party, or relating to or arising from your use of the Matthew Fleming Inc. website.
Pricing and Subscription
Matthew Fleming Inc. provides to account types. If an account owner decides to subscribe to the service they may do so at any time. Add-on options are available on an as needed basis. Users are not required to subscribe to have an account. Prices subject to change at anytime, however if you are a current paid-subscriber you will retain your subscription rate until you decide to cancel or your account is not able to be renewed. If you are beginning your subscription or resuming a past subscription you will subscribe at the current rate. All payments (including any applicable taxes) must be made in US dollars. If payment is not received or your credit card fails renewal, Matthew Fleming Inc. may suspend your use of your account until payment is received. You are responsible for the payment of all charges associated with the use of Matthew Fleming Inc. on your account.
Record of Payment
Matthew Fleming Inc. shall make available to you information documenting the transactions made using your account.
Account Renewal / Domain Renewal
Renewals for paid subscriptions will be billed to the credit card on file. If the credit card on file fails, the account will be locked down after 10 days until paid. If the account is not paid for more than 30 days then the account and all associated data will be deleted.
Termination
In the event any that your subscriptions (domains, hosting, or services) you shall not be entitled to nor shall we be liable for any refund of unused portion of any subscription payments received from you, and may continue to bar your use of the service in the future. Even after termination, this agreement shall remain in effect.
Disclaimer
Matthew Fleming Inc. is not responsible for any incorrect or inaccurate content posted on the website. We are not responsible for any conduct of any users at any time during or after a member terminates the account. We are not responsible for any technical malfunctions of the website, your website, the servers, internet connections, traffic congestion, delay of data transfer, failure of email account, coding errors in the website or a users personal computer hardware, software, or data. Our services are provided on a "as is" basis and we cannot guarantee or promise that any user will achieve or realize any specific results from using the service.
Hourly Billing
Hourly billing for all services is billed in 15 minute increments (rounded up to the nearest 15 minute increment). Rates differ depending on services. This includes meetings and other communication with your project managers, business partners, employees, or providing technical support to your customers.
Web Hosting and Domain Renewal
Invoices are normally sent out on the 1st of the month prior to your billing cycle start month. Payment is due by the 20th of the month or due date specified on invoice. If no payment is received by the end of the month you're hosting and domain registration will not be renewed and will be cancelled. All website data will be lost. Once your domain has expired it becomes property of Matthew Fleming Inc. A unlock fee will be required to reclaim ownership.
Site Warranty
If you have your website developed and is hosted with Matthew Fleming Inc, your website is supported for 12 months from the invoice date. During your warranty time, we are happy to correct any or all of the following:
- Functional errors that prevent proper usage of the website, including dead pages, database errors, or missing graphics.
- Functionality that does not work per technical specifications.
The warranty is considered void if your website code is changed by anyone other than Matthew Fleming Inc.
Outstanding/Unpaid Invoices
Matthew Fleming Inc. reserves the right to decline providing new services to customers with other outstanding unpaid invoices. Invoices that are 15 days past due will be charged a $25 late fee + 16% for every 30 days past due. Payment plans are available on some services (must be setup prior to project development or rendering of services). Matthew Fleming Inc. reserves the right to disable or cancel any websites or services that included on the invoice when 15 days past due. We reserve the right to charge your credit card on file if the invoice is more than 5 days past due. Domain renewal and hosting will not be renewed if not paid before the expiration date resulting in your domain and hosting being cancelled. If your domain is not renewed ownership of it is then changed over to Matthew Fleming Inc. and may be cancelled. If cancelled, it can not be restored for 95 days and becomes available to the public for registration.
Returned Checks
There is a $35 fee for bounced or returned checks. All services and any website work will be suspended until the fee and original invoice are paid in full.
Refunds
Matthew Fleming Inc. is committed to customer satisfaction. We however, cannot give refunds for:
- Domain Registrations
- website hosting payments after 15 days of first payment
- One time setup fees for Matthew Fleming Inc. reseller tools
- Annual fees for Matthew Fleming Inc. reseller tools
- Web hosting SSL certificates
- Subscriptions after 15 days of first payment
We can refund your purchase if:
- You are not satisfied with the website hosting or business tools subscriptions within the first 30 days of opening the account for unused months.
- Billing errors
Last revised on December 12, 2010.