Terms & Conditions The following terms and conditions apply to all website development / design services provided by Fast Track Marketing to the Client. 1. Acceptance It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions. 2. Charges Charges for services to be provided by Fast Track Marketing are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Fast Track Marketing reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all website design services require payment in advance. 3. Client Review Fast Track Marketing will provide the Client with an opportunity to review the appearance and content of the site. Client has 10 business days to review the site’s branding elements (logo, and color scheme) and general template for accuracy upon delivery from Fast Track Marketing. Fast Track Marketing requires that all decision makers related to the templates approval join a screen share conference call to get sign off on design. Client shall request any design element modification to the client manager by close of business on day 10. 4. Turnaround Time and Content Control Fast Track Marketing will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Fast Track Marketing receiving initial payment, unless a delay is specifically requested by the Client and agreed by Fast Track Marketing. In return, the Client agrees to delegate a single individual as a primary contact to aid Fast Track Marketing with progressing the commission in a satisfactory and expedient manner. During the project, Fast Track Marketing will require the Client to provide doctors bios, logos, color schemes, or content from a previous site. 5. Failure to provide required website content Fast Track Marketing must remain efficient in order to provide the level of service we have continued to provide since 2004. To do this, we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged. If Client fails to supply requested information within 5 business days of commencement of project, unless otherwise agree upon by both parties, Client’s project will be placed at the back of Fast Track Marketing’s production schedule. This does not change the contract payment terms, whereas the payments will continue to be due at the dates specified regardless of website being completed. Add on services will be billed according to the project completion date. 6. Payment Initial invoice will be provided by Fast Track Marketing upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Monthly invoices are charged directly to the payment method on file. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) of the total amount due. 7. Additional Expenses Client agrees to reimburse Fast Track Marketing for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, special request stock photography etc. 8. Web Browsers Fast Track Marketing makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 11, Google Chrome, etc.). Client agrees that Fast Track Marketing cannot guarantee correct functionality with all browser software across different operating systems. 9. Default Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Fast Track Marketing’s Web space, Fast Track Marketing will, at its discretion, remove all such material from its web space. Fast Track Marketing is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Fast Track Marketing reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Fast Track Marketing in enforcing these Terms and Conditions. 10. Website Transfer or Termination Client is responsible for any fees associated with the website being transferred to another hosting platform. Fast Track Marketing is not responsible for site compatibility or issues that may arise from the transfer. Assistance with transfer will be billed at $100 per hour. This does not apply to leased websites. 11. Indemnity All Fast Track Marketing services may be used for lawful purposes only. You agree to indemnify and hold Fast Track Marketing harmless from any claims resulting from your use of our service that damages you or any other party. 12. Copyright The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Fast Track Marketing the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Fast Track Marketing permission and rights for use of the same and agrees to indemnify and hold harmless Fast Track Marketing from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Fast Track Marketing that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. 13. Design Credit A link to Fast Track Marketing will appear in either small type or by a small graphic at the bottom of the Client’s website. The Client also agrees that the website developed for the Client may be presented in Fast Track Marketing’s portfolio. 14. Post-Placement Alterations Fast Track Marketing cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. 15. Domain Names Fast Track Marketing may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Fast Track Marketing. The domain cost will be charged to the monthly invoice 30 day prior to expiration. Domain information should be supplied if a domain has been acquired. Fast Track Marketing will include 1 hour of technical support for domain transfers, domain server issues etc. Fast Track Marketing does not support client email. We will deliver any settings to the client to update settings accordingly when the site goes live. We are not responsible for any email outages or internal server issues. 16. Web Browsers These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions. 17. Governing Law This Agreement shall be governed by the State of Colorado 18. Liability Client accepts responsibility for accuracy of the content on the website. All content is to be reviewed and approved by client before going live. Content is defined as written text and imagery. The entire liability of Fast Track Marketing to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen. 19. Severability In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.