Terms of Service
Effective January 01, 2019
Incision Network LLC, founded in April, 2006 by Louis Procaccini, Jr., is a small consulting business mostly servicing small to medium businesses which require visually appealing print and web solutions as well as technical support services. As time has passed, revenues and client projects have grown drastically and have raised expectations of service, quality and professionalism. This evolution was never anticipated as fast as it happened and the basic policies of how Incision Network LLC was to be operated were unwritten with a reliance upon good faith between company and client. Such an informal system has become less relevant and the need for a mature, formalized general contract has become apparent. This document has been written in order to address that need. It is intended to clarify the obligations and expectations between company and client so that a mutually beneficial business relationship can be conducted in an atmosphere of professionalism and as a means to protect the interests of both parties involved.
Incision Network LLC offers digital media services in print and web applications as well as technical support services. Every effort is made to provide quality design products that comply with the latest technical standards. For specific enquiries about particular projects, it is best to contact us at firstname.lastname@example.org to ensure the feasibility of a particular project. Incision Network LLC does not formally provide print brokering services and is not formally equipped to quote press costs or to coordinate deliveries of printed products. It is best to secure your own printing service that can best meet your budget and deadline constraints.
Incision Network LLC provides professional web design services. Static and dynamic web site design services are available, using the open source Content Management System Concrete5, Subdreamer CMS, ExpressionEngine, PerchCMS, Joomla, WordPress and Symphony. Please ensure that your web hosting provider supports PHP and MySQL for dynamic and interactive web services. As web development involves long-term planning and production, please allow several weeks before launching a live website. This time delay will vary on a per project basis.
The current design and technical support charge is based on a $200.00 USD per hour billable rate. A flat fee can be negotiated in advance and will be based on the estimated time required to complete a project based on this rate in adherence to a well-defined purview of included services. Any services or work required outside the defined purview of an estimated flat fee will be charged additionally at the current hourly rate. If the current rate changes, all clients will be advised in advance by email and all current projects prior to the rate change will be charged at the previous rate. All new projects will be charged at the new rate.
Interdiction of Speculative Work
No work will be performed for speculative purposes. The client must agree in advance that any initial design work that he or she rejects at the outset with an intent to cease the project must be compensated to Incision Network LLC at no less than 3 hours work or $600.00 USD The client also agrees that any work submitted by Incision Network LLC and rejected immediately cannot be in turn used in any form, shape or fashion and any use of the rejected work in whole or in part will immediately put the client in a position of legal liability even after compensation for cessation of the project in question.
Availability of Services
Incision Network LLC is not liable for services not rendered within a certain time period unless otherwise stated. Direct contact by phone during normal business hours is just possible for English speaking clients. It is recommended to correspond by email. All messages are monitored throughout the day as best as possible.
Incision Network LLC does operate on weekends, but timely services are not guaranteed unless negotiated in advance. Under no circumstances will design or technical support services be done past 5 pm ET or before 9 am ET. Contact with Incision Network LLC during these off hours must be done by email and will be addressed the following day. Please allow enough time to complete a project well in advance of your desired deadline to compensate for unforeseen circumstances.
Because of certain health issues and circumstances beyond my control, Incision Network LLC may not be available to provide services on a continuous basis. This is the disadvantage of a single-person operation and it is highly recommended that clients have a backup plan with an alternate supplier in crucial situations should operations be suspended due to incapacitation. Should services become suspended or delayed, the client has a right to completely cancel a project in progress thus incurring zero charges, in which case any material produced is discarded and prohibited from use, or a charge to be levied to the client at a discount to transfer materials in mid-production to the client for completion by an alternate supplier. The client may also choose to place the project in progress on hold and suspend production till operations resume where it will go forward from thereon. A discount due to a delay in production may be applied at the discretion of Incision Network LLC in the most serious cases. Discount rates are to be assessed by Incision Network LLC on a per case basis and every attempt will be made to reach a mutually fair settlement.
Invoicing and Payment
Incision Network LLC operates in Stamford, Connecticut United States, but can service clients internationally as well. All invoice totals are in US Dollars.
Invoices are issued by email to the primary client contact. Clients have thirty days (30) following the issuance date on the invoice to pay the full amount after which a 10% flat monthly late payment fee will be applied to the total bill amount and compounded monthly. Clients with late payments will be advised by email thirty (30) days following the delinquent invoice’s issuing date and every fifteen (15) days thereafter. Failure to pay for services or products rendered will be gathered by a collection agency. A finance charge may be in the form of a service charge or late fee. A finance charge is any charge made for extending credit. We assess a finance charge on past due customer invoices or those that are not paid within a specified period of time. Finance charges reflect the costs associated with preparing and sending invoices, extending credit and following up on collections to ensure payment.
Payment may be made by PayPal to email@example.com using an existing PayPal account or a credit card. We also utilize WePay and Stripe for online payments.
No single client may carry an account balance exceeding $500 USD. Any client carrying such a balance must pay a partial payment to bring their account under the $500 outstanding limit. Failure to do so will suspend all work in progress till such settlement is paid.
Clients are free to dispute a charge on an invoice and every effort will be made to reach a mutually agreeable settlement. Refusal to pay an invoice will result in barring the client in question from all future services till payment is made, including interest charges for delays exceeding the thirty (30) day limit.
50% of the estimated value of a project will be charged in advance, another 50% on completion.
Even though it was never necessary in the past, all deposit and balance fees paid are non-refundable due to the fact that creative property can’t be controlled once released and compensation for the work accomplished is required.
Full payment is due on collection and goods will not be released to Purchaser until payment has been made. For orders requiring shipment, advanced payment of order including shipping against a supplied proforma invoice is required.
Incision Network LLC’s cloud-accounting platform is used for the sole purpose of sending estimates, invoices and receiving payment. We remove all inactive and/or non-recurring paying accounts within our system in order to safeguard our accounting system from unauthorized access, clients with weak passwords, or infected machines.
Incision Network LLC will without prior notice remove clients from our accounting software. Incision Network LLC understands that the State of Connecticut requirements for internal records, however, no law requires us to retain any records for clients indefinitely after they receive invoices from Incision Network LLC and it is the sole responsibility of client to retain their own copies either digitally or offline.
Cancellation & Returns Policy
If Purchaser purports to cancel an approved order and wrongfully refuses to accept the product(s), Purchaser shall pay to Incision Network LLC a sum equal to twenty five(25) percent of the sales price and, if shipment has been made, Purchaser shall also reimburse Incision Network LLC for all cost of shipment including materials. Notwithstanding the foregoing, if Purchaser attempts to return the product(s) without legal excuse, Incision Network LLC may, in its discretion, refuse delivery and pursue its remedies hereunder and under applicable law, which shall include, for example, the right to file a legal action against Purchaser for the full purchase price and incidental damages suffered by Incision Network LLC.
Managed Services Provider
All Managed Services provided, setup, installed, configured, and monitored by Incision Network LLC as a Reseller Partner, Authorized Business Provider, Cloud Service Provider, and/or related Partner Program will under no circumstances grant End-Users access to secure Partner Portals established with distributor, partner, manufacturer, and/or providers not listed. Managed Services with Global Administrator and/or Highest Level Rights are to be used exclusively by Incision Network LLC during the term of the license agreement. Licenses for products and cloud services such as Office 365 Enterprise, Carbonite, Kaspersky, and/or provider not listed, are assigned by distributor, partner, or manufacturer and fulfilled by Incision Network LLC. During this process of obtaining and assigning licenses, all agreements entered by Incision Network LLC for which software is licensed binds Incision Network LLC as the custodian of that account during that term of license.
Jurisdiction & Venue
Buyer agrees that any legal action
brought against Incision Network LLC shall be governed by the laws of
the State of Connecticut without regard to its conflict of law principles.
Purchaser agrees that the sole jurisdiction and venue for any litigation
arising from orders made to Incision Network LLC shall be an
appropriate federal or state court located in Stamford, Connecticut.
If any term contained in this document is held invalid by a court of competent jurisdiction, such holding shall not affect the validity of any other term. This document and all questions of interpretation, performance, enforcement and the rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of Connecticut, USA. Any legal action or proceeding arising from or related to this document or the transaction described herein shall be brought and maintained in state of Connecticut, and the parties consent to the jurisdiction of these courts.
Ownership of Produced Materials
The client retains the right to repurpose material supplied by Incision Network LLC in all appropriate applications for branding and promotional purposes. Digital back up of materials are retained by Incision Network LLC, but cannot be guaranteed to be always available in the case of mechanical failure, natural disaster or theft. Digital materials already produced and paid for can be requested free of charge in the case of misplacement by the client.
The client gives Incision Network LLC the right to use the image of their completed or incomplete project, including any and all intermediary unpublished drafts, as part of a portfolio for display on web sites, company collateral and other media outlets for the purposes of promoting its services.
Compliance with this General Contract
By ordering design and technical support services from Incision Network LLC, you are acknowledging these service terms and conditions presented herein and agree to comply therewith. Failure to comply with this general contract constitutes a breach of agreement and releases Incision Network LLC of any obligation to fulfill services requested and constitutes a waiver of all liability on the part of Incision Network LLC until compliance is reestablished in accordance with the terms and conditions set herein. If the client does not wish or cannot comply with these terms and conditions I suggest to contact me to negotiate modifications on a per case basis.
If there are any comments or concerns regarding these Terms of Service, you may direct them by email to firstname.lastname@example.org.
Attorney’s Fees and Collection Costs
In case of failure to faithfully perform the terms and covenants herein set forth, the defaulting party shall pay all costs, expenses, and reasonable attorneys’ fees resulting from the enforcement of this agreement or any right arising out of such breach.
Incision Network LLC may amend any terms and conditions at any time and take effect upon posting on Incision Network LLC’s website. This document sets forth the entire and final understanding of Purchaser and Incision Network LLC pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and shall not be amended except by a written agreement signed by both parties. Incision Network LLC’ agents have no authority to make representations, warranties or promises, which are not contained in this document. The failure of either party to enforce at any time, or for any period of time, the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.