Terms and Conditions

Service Agreement

Dutchess Marketing will provide the services as described at time of order. A copy of these agreed services will be emailed to both parties at the time of project creation, after receiving your completely filled order form and project files.

Project Overview

Start date

Dutchess Marketing will start providing services on the first business day after the date of purchase.

Evaluation

Dutchess Marketing will review your project description and make contact to gather information if more detail is needed. In the event that we consider your project unfit for our services, your order will be cancelled and your card will not be charged.

Estimated Completion Date

The estimated completion date will be provided to the client after Dutchess Marketing reviews all project details.

Delays

While we aim to deliver our projects on time, if unforeseen circumstances delay delivery times by fault of Dutchess Marketing, we will to offer some form of compensation up to the value of the original project cost. You are not entitled to make any further claims against Dutchess Marketing beyond the original cost of the project.

Deliverables

Labor

It is understood that you are compensating Dutchess Marketing for the labor required to complete your project. Dutchess Marketing will attempt to furnish a file representative of the services rendered.

Web Design & Development

Dutchess Marketing will provide a zip file containing the design and/or code files upon project completion. Unless another form of delivery is specified, Dutchess Marketing will comply with this request if agreed on the contract. Services rendered may come in the form of work or customizations performed on remote hosting accounts. Dutchess Marketing is not responsible for lost work on remote servers and you, the customer assume responsibility for maintaining your files and database.

Marketing & Advertising

Dutchess Marketing will furnish a report by email, clearly defining the advertising or marketing services rendered at the end of project completion.

You are responsible for maintaining your project deliverables after Dutchess Marketing supplies them to you.

Pricing

As consideration for the provision of the services by the Dutchess Marketing, the price these services are described at the time of purchase and it varies depending on the services requested. For a correct pricing please refer to your invoice emailed at time of purchase and make sure you agree with the quote provided before accepting the contract.

Payment

You agree to pay the price agreed to Dutchess Marketing according to the project terms. Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the services provided by Dutchess Marketing to you under this Agreement and such will be payable by the person that contracts Dutchess Marketing in addition to all other charges payable hereunder.

Return Policy

While Dutchess Marketing strives to ensure your satisfaction, ALL SALES ARE FINAL. No refund will be issued during or after servicing your project.

Refunds shall only be issued under these circumstances:

  • You accidently purchased the wrong service more than once.
  • You cancel your order before Dutchess Marketing starts work.

If you are dissatisfied with your project, or need to cancel your order, please address an email to Dutchess Marketing explaining why a refund should be honored. Partial refunds may be issued at the discretion of Dutchess Marketing.

Dutchess Marketing wants you to understand that this return policy was put into effect to protect the business from malicious work orders. We value our clients and take our reputation very seriously. It is our mission to maintain long term business relationships with each customer.

Warranty

Dutchess Marketing represents and warrants that:

  • We will perform the services with reasonable care and skill.
  • Services and the files provided by Dutchess Marketing to you under this Agreement will not infringe or violate any intellectual property rights.

Term and Termination

  • The Agreement will be effective on the date of payment hereof and continue, unless terminated sooner in accordance by both parties.
  • Either Party may terminate this Agreement upon notice in writing if:
    • The other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do; or
    • A voluntary arrangement is approved by both parties.

Relationship of the Parties

The Parties acknowledge and agree that services performed by Dutchess Marketing, its employees or agents will be as an independent contractor and that nothing in this Agreement will be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.

Notices

Any notice which may be given by a Party under this Agreement will be deemed to have been duly delivered, if delivered by through the customer's account accessed through Dutchess Marketing's website.

Miscellaneous

The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights and if any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement will be affected.

  • Neither Party will assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
  • This Agreement may not be amended for any other reason without the prior written agreement of both Parties.
  • This Agreement constitutes the entire understanding between the Parties services and/or platform implementation hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
  • Neither Party will be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond their control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure will be entitled to terminate this Agreement by notice in writing to the other.
  • This Agreement will be governed by the laws of the jurisdiction in which the Purchaser is located (or if the Purchaser is based in more than one country, the country in which its headquarters are located) (the "Territory") and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.

Acknowledgement

Upon making payment for one of Dutchess Marketing’s services you are hereby accepting this terms and services agreement.