Terms of Use

The Gallo Hill name, logo and gallohill.com website are a trading group of Gallo Hill LLC. Your agreement and business relationship will be with Gallo Hill LLC for the development of your project.

Where the context admits: "We" includes Gallo Hill LLC or any party acting on Gallo Hill LLC implicit instructions. "You" includes the person purchasing the services or any party acting on the clients’ instructions.

Your whole project will be co-coordinated by your own account manager. Your account manager should be your first contact point throughout the development process. You should ensure that your account manager or project development manager is fully aware of all communications on the project to ensure they can manage your project to their best of their abilities. Your account manager and project development manager will be assigned to you at the start of the project and will help you with every aspect of your project and its requirements.

We maintain the right to refuse any material which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or in any breach of confidence, copyright, privacy or any other right or in any way thought to be unsuitable for reproduction.

It is your duty to establish the rights to any material supplied for inclusion on your web pages or inside your online / office system. We cannot be held responsible for any breach of copyright or any other right caused by reproduction of materials supplied by you. The projects official start date is the date your first payment clears and the funds are accessible in our bank account. This start date is then used to calculate the ETA (estimated time of arrival) date based on the number of days the project will require based on this project quotation document.

ETA’s are estimated times of arrival and are not guaranteed. We try our best to meet all of our ETA’s however we cannot be held liable if the project is delayed due to 1) you delay in passing information to us such as text copy, approval of work, signing off work etc 2) technical issues 3) employee sickness 4) 3rd party issues and 5) Force majeure (act of God).

If you edit any part of any code we have built for you during the development stages or during the free bug fixing period this will void all free bug fixes and any bugs that require fixing will be charged at the current coding rate at that time. We request that you refrain from editing any code during the development stages as just a small change can have a very large negative impact on other areas of a system.

You should change any passwords given to you upon receipt and every 3 months to increase security for your own protection. You should change any passwords you have given to us when we no longer require any access for your own protection. We cannot be held liable for any access violations resulting from access details remaining the same as during the development and bug fixing stages.

Once a stage has been “signed off” all work within that stage will be considered final and fully approved by you. Any further change to work that has been signed off may require an additional “bolt on” contract to cover additional work required.

It is your responsibility to ensure that any briefs we ask you to sign off are fully correct and complete prior to signing them. Any errors or omissions on any briefs are your sole responsibility and we will not be held liable.

We will hold intellectual copyright of any material, including any source code, created for you until payment of the final invoice. At this time it will become your property.

All third party costs arising from the registration of a domain name shall be met by you. We recommend that you register your own domain names so that you have full ownership of these but where we have registered a domain name on your behalf we agree to transfer this domain name to you immediately upon request and without charge.

We are not responsible for your on-going website promotion within this project quotation unless otherwise agreed. Should you require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results are controlled by the search engines. While we can professionally optimise your website for this we are unable to make any guarantees about the success of any search engine promotion activity as we do not own the search engines or control their 'rules' on how they would list a website.

It is your responsibility to write all text copy for your website and / or systems. If the text copy is not provided at least 2 weeks prior to the ETA date we will populate all text areas with 'dummy text' and continue as if the text was provided. At the end of the project the remaining payment will be due. We will then add your text when it has been provided to us in full and do this free of charge at that time. Text should be provided to us in a digital format i.e., email, word document, text document, etc. We are not liable for any mistakes in any text i.e., spelling and grammar.

The final payment should be paid to us within 7 days of the final work being completed regardless if this is before the ETA date. If the project has been delayed by you then the final payment will become payable on the ETA date. We will of course continue and finish off the work after such payment. Payments that are 30 days late or more from the first final payment request will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.

We have built in an average response time from you of 72 hours inside the timing of this project quotation. If your average response time is over 72 hours it is likely that this project will not meet its ETA.

We reserve the rights to terminate the service to you forthwith in the event of any default of payment or for any other reason. Such termination is without prejudice to the rights of either party accrued prior to the date of termination.

An advance of 50% of the total cost of the project is required before work can commence. After work commences this is non-refundable. Should you wish to cancel at any point during the process you shall remain liable for the work that has taken place and shall be invoiced accordingly.

We run a 2 stage process in production of your project, each stage will require a payment to be made by you, these payments will be a 50% deposit of the total project at the beginning and a 50% payment at final sign off before your project can go live.

Payment is currently accepted by check, unless otherwise agreed. If your check is returned by our bank as unpaid for any reason, you will be liable for a "returned check" charge of $25.

The website and / or systems are provided to you and accepted by you as a fully functioning, completed work. We are not responsible for future support outside of the scope of this project quotation. This can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.

We will not be held liable for any delays, errors, losses arising from any 3rd party.

Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website, and we will endeavour to protect it from this as much as we can during its creation, but we cannot be held responsible for problems that develop on sites after we have handed them over to you. Unless hosting with us, responsibility for hosting and email will be between you and your hosting provider.

You shall indemnify us and keep us indemnified and hold us harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), suffered or incurred by us in consequences that you breach this agreement.

We will not at any time or in any manner, either directly or indirectly, use for our personal benefit, or divulge, disclose, or communicate in any manner, any information that is proprietary to you. We will act reasonably to protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this agreement.

We reserve the right to change or modify any of these terms or conditions at any time. In the unlikely event that such changes do occur we will write to you to inform you of any changes at least 5 working days prior to any change. Should clarification of any of the above be required please contact us.

This Agreement shall be governed by and construed in accordance with English law and the client hereby submits to the non-exclusive jurisdiction of the English courts, and any alteration to part of the agreement shall not invalidate the remainder.

By agreeing to these terms and conditions your statutory rights are not affected.

Once you have appointed Gallo Hill LLC for your project you are agreeing to these terms and conditions.

Notwithstanding Your rights set out above, if You are unhappy with any aspects of the Services and/or Products that We have provided to You or have any queries or comments regarding these, please contact us by writing to us at:

Gallo Hill LLC
287 Grandview Peaks Drive
Nebo, NC 28761

www.gallohill.com
info@gallohill.com

Effective: March 25, 2009
Last Revised: March 25, 2009