TERMS OF SERVICELegal Information & Notices
Proposals & Contracts
Proposals provided to prospects will be honored for 30 days unless otherwise noted. A new proposal will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request. The clients approval for work to commence shall be deemed a contractual agreement between the Client and Premio Solutions LLC (referred to as Premio Solutions) the approval for the work can be through electronic communication confirming back the quote or the quote being signed by the client or by the client submitting a deposit/downpayment.
Important: By submitting a deposit/downpayment you are agreeing to all of our terms of service as written here. Any work outside of the scope detailed in the accepted proposal, will be charged at our base rate of $150 per hour. This could include extended development time due to slow client correspondence, revisions, copy and content generation, etc.
Premio Solutions’ monthly maintenance plans start when we point your domain to our nameservers. At that time, your card will automatically be charged according to the monthly maintained plan listed on your agreement/you signed up for. The service renews automatically each month, billed to your card, for the service price (currently listed on your agreement/product). You may cancel online or by emailing us at email@example.com. We require at least 30 day notice to stop all billing and systems in place.
We are happy to accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via Credit Card. This is non-negotiable.
Travel Time and Expenses
Traveling time to and from the client premises is not generally included in our estimate. If a visit/travel is required for meeting, the client will bear all the expenses as agreed by both parties.
3rd Party Add-Ons/Services/Applications
All third party costs arising from the registration of a domain name/purchase of a third party utility/services shall be met by the Client and are payable to Premio Solutions LLC before a formal application for registration is made. Examples of 3rd party fees are as under:
i. Domain Names.
ii. Server Space Hosting Fees
iii. SSL Certificates
iv. Backup Services.
v. 3rd Party APIs, if any, required by “Client” to be integrated with the work ordered.
vi. 3rd Party
Plugins/Scripts/Applications/Software/Widgets/Services, if any. required by “Client” to be integrated with the work ordered.
vii. Payment Gateways Signup and Recurring Fees
3rd Party API Integration
Any projects that make use of external API’s or any form of API integration are only guaranteed to function as expected based on the version of that API at the time of downpayment on the project. API changes subsequent to that, and any work required to integrate it after that, are subject to additional charges based on our development teams hourly rate. Examples of this could be:
- Instagram makes changes to their API which breaks your Instagram feed on your site
- Booking.com availability calendar synchronization breaks due to an API change regarding iCal
- Mailchimp modifies how lists are imported with their API so transactional email breaks
Please note that Premio Solutions LLC will not accept projects that we find morally questionable, unethical, or distasteful.
Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. Exclusive jurisdiction and venue is as governed in the district court of Kent County, Dover, Delaware.
Charges & Fees
All new web design projects will be split into two payments. An initial 50% deposit will be due at proposal acceptance. The remaining 50% balance will be due upon completion of the web development project before it is released to the client or published to the internet.
Any check payments that do not clear will be charged a $50 fee. Past Due invoices are subject to a late fee of $50 and will be charged at the maximum daily interest rate allowed by law. Premio Solutions LLC retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright)
The price quoted to the client is for the work agreed in the proposal document only. Should the client decide that changes are required after the project work has been initiated , then Premio Solutions LLC will provide a separate quote for the additional work and may need to review the timescale for completing the project. Cost estimates and prices quoted are valid for maximum one month unless otherwise agreed.
- Payment plan is agreed between the ‘Client’ and Premio Solutions based on the milestones.
- Payment shall be due within 14 days of the invoice date unless specifically mentioned in theInvoice.
- Full publication of the website/technical work will only take place after full payment has been received in our account unless otherwise agreed in writing.
- Any material previously published may be removed if payment is not received. When this occurs, a minimum charge of $250 USD will be charged to have the site restored.
- Accounts that have not been settled within 14 days of the date shown on the invoice will incur a late payment charge of $100 USD or 5% of the Invoiced Amount (whichever is higher), for each week delayed.
- In case of delay in payments beyond the due date, Premio Solutions reserves the right to stop the work being commenced and ‘Client’ agrees to exempt Premio Solutions from meeting the timelines agreed.
Both the parties reserve the right to cancel the project at any stage.
- In case the project is cancelled by Client, the payments made for the project can be refunded to the client after deducting the upfront payment amount received for Initiation of the project and the other payments received against the milestones completed.
- In case the project is cancelled by Premio Solutions, the payments made for the project can be refunded after deducting USD 150 per hour for the hours spent on the work performed for the client including but not limited to the time spent on project discussion, requirements gathering, project planning & documentation, project initiation and execution. After the payments are settled between the two parties – Premio Solutions shall transfer to ‘Client’ – all the documents, designs and scripts produced for the project.
- 30 days money back guarantee: Premio Solutions offers “30-Days Money-Back Guarantee” to ensure customer satisfaction and mutual trust. If for any reason you wish to discontinue using the product, within a month of the purchase, we will issue a refund within 30 days after deducting 4% payment gateway transaction fee and USD 150/hour for the hours spent on your project.After project/order cancellation/refund issued, Premio Solutions reserves all rights to take down the website published. Client is responsible to keep a backup of the data published on the website/server, Premio Solutions shall not be held responsible for any data/files lost.
Premio Solutions LLC accepts payments via credit card or check only. Your project will not be released to you or uploaded until full payment is received. Failure to pay within 15 days of final invoice will result in a public notice on your domain noting your failure of payment.
Responsibilities applicable on Client:
Client should provide all comments, feedbacks, suggestions about the project scope during the Detailed Project Scope Documentation phase; Subsequently any changes or modifications or enhancements done to the project scope would be additionally chargeable with or without delivery timelines revision. And if there are changes which are accepted by Premio Solutions without additional charge, timeline should extend by the number of days required to implement those additional non-billable items.
a. Client should make payments as per the agreed payment terms, else Premio Solutions should be exempt from meeting the timelines agreed to, and will not be liable to any kind of penalties for the delay in delivery of the project.
b. Client should provide his feedback on the work submitted for their review within 1 week, if there is a delay from client side in providing feedback on the work submitted for their review, Premio Solutions should be exempt from meeting the timelines agreed to, and will not be liable to any kind of penalties for the delay in delivery of the project.
c. If Client changes the Functional Requirement – Client understands and accepts that additional cost and working days will be added to the project, hence the project delivery timeline will need to be revised.
Delayed Response From Client Side
Unreasonable delays from client side in providing the required feedback/information/data to finish the project shall exempt Premio Solutions from meeting the timelines mentioned in the quote.
In case client does not provide required details/data/information for more than 15 working days, client authorizes Premio Solutions to forfeit the payments made towards this project.
In case, during the project duration, the client does not maintain communication with Premio Solutions for more than 30 calendar days, client agrees that the project/services shall be deemed as received and accepted by the client, and the client further authorizes Premio Solutions to mark the project completed and invoice the client for remaining un-invoiced amount as per the total project price agreed.
However, Client can instruct Premio Solutions to put project on hold provided:
- a) client agrees to pay project resumption fee of USD 1,000 or 25% of the total project price,whichever is higher.
- b) ‘on-hold’ period does not exceed 2 calendar months
- c) client agrees the professionals attached to the project (Project Team Structure) may bedifferent from originally agreed.
- d) client agrees to pay this project resumption fee every time a project is being put ‘on-hold’
Client agrees that stipulated timelines cannot be met if the project scope is changed by client once the project scope document is finalized. Client agrees not to change the requirements without extending the original agreed timelines by minimum 1 week against each change request.
Premio Solutions will retain the copyright of any material, including design, artwork and the source code, created for the client by Premio Solutions. Premio Solutions reserves the right to retain the copyright on all material created by Premio Solutions unless otherwise agreed between the two parties in writing. As per the agreed terms client owns rights on following items:
a) Logo/Graphics/Pictures/Images supplied by client – Yes
b) Website Interface/PSD/Creatives/Designs – Yes, if client has ordered custom design with Exclusive
c) Programming Files/Source Code – Yes, if the Client has ordered the project with Exclusive Rights.
Client does not own the copyright/Intellectual property rights for projects being done on Single
Domain License basis.
d) If the project is being done on Single Domain License basis, Client owns the rights to use the
system only on designated domains and Client should take reasonable care of the system files to restrict un-authorized access of the system scripts/source code delivered.
Ownership of Code and Intellectual Property Rights
Unless otherwise agreed, Premio Solutions is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects. Following terms shall be applicable and obliged:
a) Client shall not create un-authorized copies of any Software/Scripts/Designs/File/Document/Information delivered to the Client by Premio Solutions;
b) Client shall not access and/or share and/or transfer any Software/Products/information/document owned by Premio Solutions unless authorized to do so.;
c) Client shall not reverse engineer any software/script/application owned by Premio Solutions.
d) Client shall not make any Software/Document/File/Information available to any third party in any manner, nor may Client use such works to provide services to any third party unless explicitly
agreed otherwise in writing.
e) In the event that Client breaches any of terms specified in this clause, Client hereby authorizes any
court of competent jurisdiction in India or Abroad to pass the judgment against the Client for and in the amount of USD 100,000 (USD Dollar One Hundred Thousand) for each default, as provided in the afore mentioned paragraphs, together with costs of suit and the cost of attorney incurred by Premio Solutions for recovery of above compensation/damages from Client. These damages/compensation allowed shall be considered as interim relief to Premio Solutions and Premio Solutions shall have the liberty to claim higher amount as compensation for the direct/indirect damages and Employer may pursue criminal proceedings as well
Security Certificates (SSL)
SSL certificates are included to all of our clients by default under the pretense that client is hosting their website on Premio Solutions shared internet server space. If client chooses to continue their hosting with a third party provider including their own hosting included SSL certificates will be void and responsibility of the client to purchase.
Termination of the agreement
If either party terminates this Agreement for any reason, the parties will continue to perform all of their respective obligations under this Agreement
Examples of Work
Unless negotiated otherwise, Premio Solutions LLC retains the right to list/display the client name and logo with or without work performed (Design/Development/Online Promotion) for the Client in its respective portfolios and promotional materials. This over-rides all previous agreements and NDAs signed.
Hours of Operation
Our standard hours of operations are 9am to 6pm PST, Monday to Friday. If you require maintenance after the posted hours, such as on weekends or holidays, you will be charged our base rate of $150 per hour.
Services for Clients on a Maintenance Package
All Premio Solutions LLC monthly maintenance customers have 1 change per month unless otherwise noted in your accepted proposal, those changes can not affect the template (layout), if template (layout) needs to be modified, Premio Solutions LLC will send the customer a proposal via email prior to any changes, no work will be performed until the proposal is accepted by customer.
Exceeding monthly maintenance requests outside of technical support will be invoiced accordingly, requested changes may not be implemented until respective invoice is paid in full. Turn around time for support tickets depend on the sense of urgency, complexity of the issue & amount of support tickets submitted by a client, High Priority tickets are reviewed by our team as quickly as medium & low support tickets. Submitting a high priority support ticket will not speed up the response & turn around time should our support team determine it is not designed to the correct priority level as we do our best to provide all of our clients with support respective to the urgency of the issue.
Failed monthly maintenance payments exceeding 24 hours from the recurring date will result in a public notice on your domain noting your failure of payment, and you may be subject to a late fee, and there is a $25 site reinstatement fee to remove the public notice.
Free Technical Support: Premio Solutions provides technical support with active maintenance contracts for the following kind of issues:
- a) Server side scripting/programming errors/bugs
- b) Logical Bugs/Calculation related errors/bugs
- c) Connection errors/API Integration Errors
Above support is not available if the errors/bugs arise due to any external entity. Examples:
- a) Server or software or application or extension downgrades or upgrades
- b) Edits done in the code/scripts delivered by any external entity/person/professional
- c) Operating System or Browser Version Downgrades/Upgrades
- d) Any other factor which is not directly related to any deficiency at the end of Premio Solutions
- e) Changes to the API by the 3rd party provider
Above support is not available for following kind of instances, unless otherwise specifically covered in the scope of project and/or deliverables:
- a) Training for using the software/solutions delivered
- b) General enquiries/questions related to particular features of the software/solution delivered
- c) Cosmetic updates and/or UI/UX updates
- d) Enhancements or modifications in the default features/functional logics of the software/solutions delivered.
Photography and graphics
Both the parties agree to abide by the following terms:
- a) Unless otherwise agreed – Stock Images used for creating any banner or promotion graphic or animation are not part of the project deliverables, Client should purchase the license to use the stock images from respective 3rd parties at his/her own cost.
- b) Premio Solutions may use stock photographs and images while creating the website. Images and graphics purchased from stock libraries are not generally included in the quote and will be invoiced separately.
- c) At request of the Client – Premio Solutions will keep the client updated about the stock images being used and the cost involved before raising the invoice.
- d) Images used by Premio Solutions for product demos shall not be used by the client unless the client has purchased the usage rights for those images. Client shall be fully responsible for violation of any 3rd party copyright.
e) Images delivered by Premio Solutions along with a bundled software/solution/script are for Demo Purpose only and shall not be used for commercial purpose. Client should contact Premio Solutions for more information about the price of those images if the Client wishes to use those images for commercial purpose OR Client should replace the default images with the images owned by the Client.
Premio Solutions makes every effort to design pages that work flawlessly on most popular current browsers i.e. latest version of IE/FireFox/Chrome released on the date of project agreement. However, Premio Solutions cannot be held responsible for pages that do not display acceptably in newer versions of browsers released after pages have been designed. IE11 and older IE versions are outdated browsers and hence we don’t design with them in mind. We recommend using latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer. Premio Solutions can work on improving UI/UX for older versions of Internet Explorer for an additional charge. While we design our sites to look great on most browsers, we officially only guarantee our designs on Chrome and Firefox. Further, we also only ensure responsive design on the two most recent iterations of the iPhone and iPad. If the client would like to ensure responsiveness on older devices, this can be done at an additional charge.
Search Engine Submission
Following services are not part of the project unless agreed otherwise in writing:
a) Submission of websites on different search engines.
b) Securing good ranking of your website on different search engines.
c) Search Engine Optimization – On Page/Off Page.
Unless otherwise agreed in writing, following services will be separately billed after the website has been made live:
a) Content updates
b) Refinements and logical tweaks to the website, which were not planned/approved by client earlier.
c) Content presentation and design updates that were not planned/approved by client earlier.
After Premio Solutions has delivered the website to client, client is solely responsible for the content/information/images posted on his website. If there is any error or omission by Premio Solutions team while uploading/posting the content/information/images on client’s website, Premio Solutions will correct it if reported to Premio Solutions representatives.
All material supplied by the client shall remain client’s property. Premio Solutions rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall Premio Solutions be held responsible for any claims, damages, and loss of profit or reputation caused to client due to the use of material provided by the client.
Domain names booked by Premio Solutions on behalf of client
Premio Solutions provides domain name consultancy if required. Domain names registered by Premio Solutions on the client’s behalf are property of Premio Solutions until client has paid for the domain booked and any fee involved.
Premio Solutions agrees to transfer such domains to the client or his/her agent when asked to do so provided that all accounts have been settled.
Note: Domains booked and owned by client are not subject to this term. This term applies only to those domains that are booked by Premio Solutions upon the request of client.
Only those clients that have elected to have a maintenance package have free access to up to as many as 4 recent backups. Premio Solutions LLC will restore any backup that we have in the case of a cyber attack, or at the clients request. Clients that have elected to not have a maintenance package can have a recent backup restored at a cost of $250.
Clients that have requested access to make changes to their site from the backend are responsible for any changes that they make. They are also responsible to keep the login credentials to that access secure. Any changes by the client resulting in Premio Solutions LLC needing to fix, revert, or rollback, those changes, will be billed at our base rate of $150 per hour. Clients on a maintenance package will receive a discounted rate for that service.
Web Site Design Credit
All Premio Solutions LLC custom web design clients will have a “Designed by: Premio Solutions LLC” link or “Design and Hosting by: Premio Solutions LLC” on their website in the footer of every page. You may pay Premio Solutions LLC a fee of $250 to have this link permanently removed.
Copyright & Ownership
Upon completion of the project, Premio Solutions LLC transfers all rights and ownership of CUSTOM designs and programming written by Premio Solutions LLC to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.
Premio Solutions LLC reserves the right to resell custom designed web sites, to protect the design customer has the option to buy out the template. This assures that the template will not be used again.
Premio Solutions LLC reserves the right to display websites and graphics that have been designed by Premio Solutions LLC on their website, and in any marketing material to aid as examples of our work.
Premio Solutions requires at least 30 days written notification to cancel services. This gives us time to close down accounts, websites, outstanding balances, cancel recurring billing and remove all files from servers. Once files are deleted they are non recoverable. So please inform us of you plan to only suspend services temporarily so that we do not remove files and instead pause everything. Sites sitting on our servers for more than 60 days are subject to complete cancellation as they still take up server resources on our servers.
Any outstanding balances owed to Premio Solutions LLC for either project fees or monthly maintenance fees that were not paid will be sent to collections and may be reported to credit bureau’s Experian, TransUnion & Equifax.
Premio Solutions LLC requires a deposit before we begin work on any project. A request to terminate services must be presented to Premio Solutions LLC in writing. Premio Solutions LLC has a Guaranteed 120 Day Turnaround for your project. If we fail to complete your project within 120 days of the start date AND you have turned in all content, images and information requested by us, you will receive a full refund within 30 days of your written request.
Refund Amounts will be calculated in the following ways:
A cancellation fee of 50% of the total paid will be retained for projects that have been scheduled, but cancelled prior to the start date. Otherwise, deposits are non-refundable.
We are unable to offer refunds on hosting, SSL and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs.
Premio Solutions LLC will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.
Development & Delivery
Premio Solutions LLC understands the importance of completing projects in a timely manner. We agree to complete the web design project within 120 days from the date of agreement signing. If the client does not supply Premio Solutions LLC with complete text, graphic content and other requested materials for the respective client within 30 days of agreement signing, the agreement becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to Premio Solutions LLC for an additional fee of 50% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between Premio Solutions LLC and the client.
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
Services purchased from Premio Solutions LLC are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall Premio Solutions LLC be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client. While Premio Solutions LLC will take every precaution in making sure your site is secure, we will not be held responsible for hacked sites, lost data, or any other disruption caused by a 3rd party.
Contests run on social media platforms run from dates specified on the respectful posts, provided either in the content of the graphic posted or in the caption or comments of the respectful post. Rules for the contest are also outlined in the same way. Eligibility requirements are as follows: entrants must be a least 18 years of age and must have legal authority to be able to act on behalf the business they are entering for. Winners will be announced on the specified social media platform(s) on the specific date noted in our respectful post. Winners will be informed through Direct Message (DM) and will have 30 days from the date of the DM to respond to claim their prize. Prize is limited to 1 of the prize announced on contest post. Prize includes the design work of the developer at no charge to the winner. Prize does not include products or services that will incur costs to Premio Solutions LLC such as domain purchase, hosting, SSL certificates, online payment gateways, etc. Project completion will be delivered within 30 days from the date all information requested from the winner is received. A Premio Solutions project manager will work with the winner to obtain all the information and content needed and provide to the developer to design a basic version of the prize won for the winner, any additional or specialized requests will be provided via written proposal for the requested product(s) or service(s). Contact Premio Solutions for any questions related to pricing outside of the scope of the prize. All prizes are as described and cannot be redeemed for cash or exchanged for other services or products.
The contest is not sponsored by, endorsed by, administered or associated with the social media platform being used.
In no event, Premio Solutions LLC shall 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 Premio Solutions LLC has been advised of the possibility of such damages. Despite the best efforts of Premio Solutions LLC, errors in web page information may occur. At no time will Premio Solutions LLC be held responsible for accidentally including erroneous information, extending beyond correcting the error.
Should Premio Solutions LLC waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Premio Solutions LLC to waive the same clause on any other occasion.
By agreeing to these terms and conditions, your statutory rights are not affected.
Premio Solutions LLC reserves the right to change or update these terms at any time without prior notice. It is the clients responsibility to check back for any changes and/or updates to our Terms of Service.. Please feel free to contact us for more info/clarification about any of the terms and conditions mentioned above.