The following is the Terms of Service document for RED TIDE MARKETING, LLC (herein also referred to as “RED TIDE MARKETING”). Use of our services constitutes acceptance and agreement to these Terms of Service. We reserve the right to change this contract at any time without notice. All clients of RED TIDE MARKETING are bound by this legal agreement.

Authorization
The CLIENT is engaging RED TIDE MARKETING as an independent contractor. The work by RED TIDE MARKETING shall be deemed a “commissioned work” and a “work made for hire”. Once approved and paid in full, the CLIENT shall be the sole owner of the work.

Warranties
RED TIDE MARKETING represents and warrants to the CLIENT that it has the experience and ability to perform the services required; that it will perform said services in a professional, competent and timely manner; and that its performance shall not infringe upon or violate the rights of any third party or violate any federal, state or municipal laws.
The CLIENT represents and warrants to RED TIDE MARKETING that it will provide necessary materials as required in a professional, competent, and timely manner; that it has the power to enter into this Agreement; and that its performance shall not infringe upon or violate the rights of any third party or violate any federal, state or municipal laws.

Use and Law Enforcement
It is the responsibility of the CLIENT to conform to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the trademarks and copyrights of companies and materials found on the Internet. You may not participate in any illegal activities while using your account. You must obey the laws of the United States and other countries that you communicate with over the net. CLIENT agrees that the RED TIDE MARKETING may disclose any and all subscriber information including assigned IP numbers, account history, account usage, or prior communications (electronic or otherwise) to any law enforcement agent who makes a written request without further consent or notification to CLIENT. If RED TIDE MARKETING is notified of this then we shall have the right to terminate all services set forth in this Agreement.

Quotes & Contracts
Quotes provided to prospects will be honored for 30 days. A new quote 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.

Hours of Operation
Our business hours are Monday thru Friday from 9am to 6pm MST, closed Saturdays and Sundays. If you require work after the posted hours, such as on weekends or holidays, you will be charged our base rate of $60 per hour with an additional charge of $60 per hour for after hours assistance.

Web Site Design Credit
Red Tide Marketing takes great pride in every custom website we create; therefore, we require that our Design by stamp with a link to our company website remain on our client’s websites at all time. Should you choose to no longer be a client of Red Tide Marketing, you are required to keep the credit of the design posted clearly on your website as placed by Red Tide Marketing. It is our right as the artist of the custom website to receive full credit for the designs we create. Having our name on the sites we design will deter others from copying our work and marketing it as their own. This is non-negotiable.

Copyrights and Trademarks
The CLIENT represents to RED TIDE MARKETING, LLC and unconditionally guarantees that any elements of text, music, graphics, photos, video, designs, trademarks, or other artwork furnished to RED TIDE MARKETING, LLC for inclusion in web pages are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend RED TIDE MARKETING, LLC and its subcontractors from any claim or suit arising from the use of such elements.

Backup Policy & Data
RED TIDE MARKETING performs routine backups of server system files and archives them in safe locations as a part of our services to clients which is included in our pricing plans. It is not the responsibility of RED TIDE MARKETING to backup all domain files uploaded by the CLIENT. It is recommended that the CLIENT keep a backup on their local machine. CLIENT agrees that RED TIDE MARKETING has the right to delete all data, files, or other information that is stored on RED TIDE MARKETING’s computers upon termination of services, or cancellation of account due to non-payment.

Unsolicited Commercial E-mail and SPAM
RED TIDE MARKETING has a zero-tolerance policy on unsolicited advertising (spam) via E-mail or newsgroups. Related activities are prohibited and shall result in immediate account termination. “Spamming”, such as (but not limited to) mass-e-mail, newsgroup cross-posting or other abuse to others on the net is prohibited, and will be grounds for account termination. Any actions construed to be a negligent or malicious attack are strictly prohibited.

Billing Policy
We require a 50% non-refundable deposit in order to begin work on any project, with the remaining balance due when the project is complete, but before it goes live. If final payment is not received within 30 days of the completion of service, additional fees will be added.

Invoices are sent out 30 days before they are due. It is the responsibility of CLIENT to keep the billing address current. Delinquent bills will be assessed a $35 charge if payment is not received by the due date. If an account remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. RED TIDE MARKETING reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. There will be a $35 service charge for all returned checks.

Non-Communication
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. RED TIDE MARKETING will contact all clients when any new contact information like mailing addresses and phone numbers.

Collection Fees
Accounts that are not collectable by RED TIDE MARKETING may be turned over to an outside collection agency for collection. If you desire to cancel your account, please send an email request to accounts@redtidemarketing.com.

Failure to Pay
The RED TIDE MARKETING may temporarily deny services or terminate this Agreement upon the failure of CLIENT to pay charges when due. Such termination or denial will not relieve CLIENT of responsibility for the payment of all accrued charges and any collection fees.

Refund and Disputes
All payments to RED TIDE MARKETING are nonrefundable with the sole exception being the hosting fees for the first 30 days of service. Nonrefundable items also include the one time setup fee (if imposed), domain name and SSL registration fees, etc. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.

Charge backs
RED TIDE MARKETING will not negotiate charge backs with any person or company. Should a chargeback be filed against us, we will not hesitate to proceed with collection and legal action to recover funds.

Network Security
CLIENT is expected to keep all passwords secure. Passwords allow access to your private messages, control panel, databases, shop configuration, website data and more. If RED TIDE MARKETING believes a CLIENT’S account has been compromised, we reserve the right to change the CLIENT’S password without prior notice.

New Accounts w/ Domain
All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours. Due to unforeseen complications (requiring a new block of IPs; requiring new equipment, etc), however, this process may sometimes require up to 2 business days.