Terms And Conditions
Effective Date: February 1, 2024
Cascade Web Solutions LLC (“us”, “we”, or “our”) operates the https://www.cascadewebsolutions.co website (hereinafter referred to as the “Service”).
This page outlines the terms and conditions (the "Terms") under which you may use our Service. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not access the Service.
1. SERVICES AND PAYMENT
Cascade Web Solutions agrees to perform and complete the Services (as detailed in this Agreement) in line with the agreed-upon schedule. As the sole consideration regarding the subject matter of this Agreement, the Client agrees to compensate Cascade Web Solutions following the payment terms as set forth in this Agreement.
1a. Service Launch Schedule:
For the Essentials tier, Cascade Web Solutions will aim to launch the Client's services within a seven-day period from the start date of the agreement.
For the Growth and Premium tiers, Cascade Web Solutions will aim to implement the services within a two-week period from the start date of the agreement, depending on the current workload.
1b. Payment Terms:
As per the terms of this Agreement, the Client agrees to remunerate Cascade Web Solutions in alignment with the selected service tier and the associated rate. For Clients subscribing to the Essential tier, a commitment to a 24-month subscription is required, which includes an initial development fee, ongoing maintenance, and iterative enhancements to their website per request. This 24-month commitment ensures a steady and comprehensive service experience over the course of two years, fueling the digital growth of their business. However, for Clients selecting the Growth or Premium tiers, this 24-month subscription at a rate of $99 per month is not required, but recommended. Please refer to Section 5 'Copyright and Ownership' for details on ownership clauses specific to each tier.
1c. 30-Day Money back Guarantee:
Cascade Web Solutions upholds a high standard of quality and customer satisfaction. In the event that the Client is not satisfied with the provided services, a request may be made for a full refund within 30 days of the initial payment. This request must be submitted in writing. The 30-day money-back guarantee is in place to provide the Client with reassurance in the decision to engage our services, and underlines our dedication to meeting and exceeding customer expectations. This clause is enacted as part of Cascade Web Solutions' commitment to client satisfaction and service excellence.
1d. Subscription Tiers and Associated Terms:
Our services are available under three different subscription tiers: Essential Tier, Growth Tier, and Premium Tier. These subscription tiers are designed to meet the various needs and preferences of our customers. Each tier comes with its own set of offerings, benefits, and pricing.
Each subscription tier is designed to cater to different stages of business growth and offers a distinct set of services and features. Detailed information on each tier's offerings is provided below and is also available on our dedicated Pricing page. We urge our customers to review these details thoroughly to make an informed decision.
- Essentials Tier: This tier includes a base price of $2,899 for up to 5 web pages, Google business profile setup/assistance, 1 standard contact form, and basic SEO practices. It also requires monthly support and hosting at $99/month for 24 months. It is important to note that while this tier provides essential services and support, the ownership of the deliverables is not immediate and is subject to the terms and conditions outlined in this Agreement.
- Growth Tier: This tier offers up to 10 web pages, including every feature in the Essentials package, plus 1 custom contact form, with competitive SEO integration, 24-hour turnaround on support, PDF/file downloads, and blog posting ability. The base price for the Growth Tier is $4,899. Additionally, this tier includes location and service-specific SEO enhancements. Clients will have immediate ownership of the deliverables upon completion in the Growth Tier. The monthly support and hosting fee of $99 is not required for this tier, though it is highly recommended.
- Premium Tier: This tier includes up to 15 web pages, covering every feature in the Growth package, plus up to 3 forms with auto-replies, enhanced SEO, prioritized same-day support, unlimited SEO blog posting, and our SEO content writing guide. The base price for the Premium Tier is $7,499. Clients will have immediate ownership of the deliverables upon completion in the Premium Tier. This tier includes migration/redesign services and 15 SEO-specific pages. The monthly support and hosting fee of $99 is not required for this tier, though it is highly recommended.
- Enterprise Tier: This tier offers unlimited web pages, custom email template responses, superior SEO, personalized analytics dashboards, website migration,custom API integrations, and in depth A/B testing to optimize the site. Pricing, design specifics, and monthly support are all negotiable on a per contract basis.
Please note that your subscription tier may be subject to change based on updates to our services and pricing. We reserve the right to modify the details of our subscription tiers at any time. If such changes occur, we will provide you with appropriate notice and the option to continue with your current tier, change to a different tier, or terminate your subscription.
If you wish to change your subscription tier at any time, please refer to the “Subscription Changes“ section of this TOS for detailed instructions. Be aware that changing subscription tiers may involve additional charges, which will be clearly communicated and must be agreed upon before the change takes place.
1e. Subscription Changes:
Cascade Web Solutions offers you the flexibility to change your subscription tier to meet your evolving needs anytime by contacting us. Changes to your subscription, including associated benefits and costs, will align with the tier details outlined on our Pricing page and come into effect at the end of your current billing cycle. For instance, upgrading your subscription will result in a prorated charge for the price difference, which will be communicated and consented to prior to implementation.
Please be aware that modifications in features may include access to additional guides and an increased number of pages for your website. We strive for transparency and encourage you to contact us for any queries related to your subscription change.
By proceeding with a subscription change, you are agreeing to the updated terms and costs associated with the new subscription tier.
1f. Unlimited Website Edits:
Under the provisions of the Unlimited Website Edits, Cascade Web Solutions grants the Client the flexibility to request ongoing modifications and updates to their website. This service is designed to accommodate the evolutionary nature of the Client's business and to ensure their website remains current and functional.
The scope of Unlimited Website Edits covers maintenance-related changes and is bound by our current workload and resource availability. It is our intention that Clients will utilize this service for periodic content updates and additions, minor layout adjustments, and standard maintenance tasks. These edits are not intended for complete website redesigns or extensive overhauls, which are outside the purview of this offering.
We wish to emphasize that while this service is 'unlimited', it is not to be exploited. The term 'unlimited' signifies our commitment to providing a favorable rate and convenience for our Clients, allowing them to maintain a seamless digital presence. It is predicated on a mutual understanding that the service will be used in a fair and reasonable manner, reflective of the natural progression and expansion of the Client's online operations.
Cascade Web Solutions retains the right to assess and refuse requests that are deemed to be excessive or beyond the scope of standard website maintenance. By agreeing to these terms, the Client acknowledges and consents to these stipulations regarding Unlimited Website Edits.
The Client acknowledges that these schedules and terms are based on efficient cooperation and timely provision of necessary resources and materials from their side. Delays in the provision of these items may result in adjustments to the launch schedules.
2. Unlimited Post-Launch Support and Training
Cascade Web Solutions is dedicated to providing exceptional post-launch support to ensure the successful implementation and operation of the website. This support is included in the maintenance and support package, which is mandatory for the Essential tier and optional for Clients in the Growth and Premium tiers, priced at $99 per month.
WordPress UI Training: We understand that the success of a website also depends on the ability of our Clients to manage and update their content effectively. Hence, we provide thorough training for Growth and Premium tier Clients on how to navigate and utilize the WordPress user interface for tasks such as writing and publishing blog posts.
Strategy Meetings: Included in the support package are strategy meetings to discuss and plan the Client's online business growth. Focusing on aspects such as website performance and digital marketing, these meetings are critical for continuous improvement. Clients, particularly those in the Essential tier, are encouraged to schedule these meetings to fully benefit from their subscription.
Website Updates: Also part of the package, we provide website updates as requested by the Client. This ensures that the website remains current, incorporating new features and improvements as needed.
3. Domain name selection and approval
Cascade Web Solutions understands the importance of a domain name in establishing and reinforcing your online identity. As part of our website services, we assist our clients in the selection and registration of a domain name.
The Client has the right to propose their preferred domain name(s). However, the availability of these domain names cannot be guaranteed, as they are subject to existing registrations and other restrictions. Upon receiving the Client's domain name preferences, Cascade Web Solutions will conduct a search to determine the availability of the proposed names.
Once available domain name options have been identified, we will present these options to the Client for review and approval. Please note that the final choice of domain name is subject to the Client's written approval. This approval must be provided before Cascade Web Solutions proceeds with the domain name registration.
Upon the Client's approval, Cascade Web Solutions will register the selected domain name on behalf of the Client. The ownership of this domain name immediately falls to the Client if the Growth or Premium tier were selected. For the Essential tier, the domain can be transferred to the Client upon completion of the 24-month payment period, as detailed in the 'Copyright and Ownership' section of this Agreement if they so choose to end their subscription.
Cascade Web Solutions makes every effort to secure the chosen domain name in a timely manner, but we cannot guarantee the domain name's availability at the time of registration due to the dynamic nature of domain registration activities.
In performing Services under this Agreement, Cascade Web Solutions commits not to design, develop, or provide to the Client any materials or items that infringe on one or more patents, copyrights, trademarks, or other intellectual property rights, privacy rights, or other rights of any person or entity. The Client assures that any programs, text, images, sound, graphics, video, and other data or content provided to Cascade Web Solutions, and Cascade Web Solutions' use of such data or content in the Deliverables, will not infringe on any patents, copyrights, trademarks, or other intellectual property rights, privacy rights, or other rights of any person or entity. Should either party become aware of any potential infringement while performing any task under this Agreement, it is obligated to promptly notify the other party in writing. Each party agrees to indemnify and hold the other party harmless, including their employees, directors, officers, shareholders, agents, or representatives from any claim, action, proceeding, damages, loss, cost, reasonable attorneys' fees, and expenses associated with such alleged or actual intellectual property infringement.
5. Copyright and ownership
For the Growth and Premium tiers, ownership of the website, graphics, templates, and text produced by Cascade Web Solutions is transferred immediately upon completion of the services. However, Cascade Web Solutions retains ownership of specific graphics and icons used as part of our design portfolio. Clients in these tiers may opt for a one-time setup fee of $750 for account setup, which requires the establishment of all necessary keys and accounts in the Client's name.
For the Essential tier, upon the completion of the agreed 24-month payment plan for hosting and support services, the ownership, copyright, and all rights of the website, graphics, templates, and text produced by Cascade Web Solutions will belong solely and exclusively to the Client.
Rights to photos, graphics, video, source code, work-up files, and computer programs are specifically transferred to the Client upon completion of the 24-month payment period for the Essential tier and immediately for the Growth and Premium tiers. They remain the property of their respective owners. Any licensed software not developed by Cascade Web Solutions may be owned by another software company and is not transferred to the Client.
Cascade Web Solutions retains the right to use custom-coded elements, and to display graphics, videos, and other web design elements as examples of their work in their respective portfolios, unless otherwise specified by the Client. Additionally, Cascade Web Solutions reserves the right to place its company name in the footer of the Client's site as a design credit with an external link back to Cascade Web Solutions' main site. The Client retains ownership of the domain name(s) purchased through Cascade Web Solutions upon completion of the 24-month payment period for the Essential tier and immediately for the Growth and Premium tiers.
Cascade Web Solutions reserves the right to withhold property such as domain names and copyright ownership if the Client has outstanding payments to Cascade Web Solutions.
6. Limitation of liability
In no event shall Cascade Web Solutions be liable to the Client or any third party for any damages, including but not limited to lost profits, lost savings or any other incidental, consequential or special damages arising out of the operation of or inability to operate the web pages or website.
If any provision of this agreement should be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
7. Fees and Payment Terms
Cascade Web Solutions will provide the Client with the Services as defined in this Agreement, for which the Client agrees to pay Cascade Web Solutions as set forth in this Agreement.
For Clients subscribing to the Essential tier, the Client agrees to a 24-month payment plan for hosting and support services, starting from initiation of the contract. Ownership of the website, including all related code and content, will be transferred to the Client upon the completion of these 24 months of payments. For Clients subscribing to the Growth and Premium tiers, ownership is transferred immediately upon completion of the services.
All fees are due and payable as agreed upon in the payment schedule. Payments should be made payable to “Cascade Web Solutions”.
Payments must be made promptly to maintain our efficient services. Invoices will be deemed delinquent if payment is not received by the invoice due date. If any amount remains delinquent 30 days after its due date, an additional 3% penalty will be added for each month of delinquency.
If any amount remains delinquent 30 days after its due date, the Client's website may be temporarily removed from the Internet within 5 days without further notification from Cascade Web Solutions.
Cascade Web Solutions reserves the right to remove web pages from viewing on the Internet until the final payment is made. In the event that collection proves necessary, the Client agrees to pay all fees incurred by that process.
If either party materially breaches a material provision of this Agreement, the other party may terminate this Agreement upon thirty (30) days written notice unless the breach is cured within the notice period. The Client also may terminate this Agreement at any time, with or without cause, upon thirty (30) days' notice. Upon termination, the Client shall pay Cascade Web Solutions all unpaid amounts due for services completed prior to notice of termination. This includes services such as web development, social media management, backlink services, emails, and other related services.
For Clients in the Growth and Premium tiers, termination rights apply upon the completion of the services contracted. Upon termination post-completion, all rights and ownership of the website and its associated elements are retained by the Client immediately, as these tiers entail immediate transfer of ownership upon service completion.
For the Essential tier, any termination within 6 months of the initial website launch will result in a $500 packaging fee. To successfully transfer a site to a third-party hosting server, the client would need to have all necessary licenses, tools, keys, and codes installed first. Cascade Web Solutions will charge time at $75/hour for work done to assist with the transfer of a site to a third-party hosting provider.
Should a Client under the Essential tier wish to terminate the agreement after the initial 6-month period but before the completion of the 24-month plan, the Client has the option to buy out the remaining balance of the contract for a flat fee, to be determined at the time of termination. Upon payment of this buyout fee, ownership, copyright, and all rights of the website and its associated elements will be immediately transferred to the Client.
9. Refunds and Credits
Termination within a Billing Cycle: If the Client terminates the agreement within a given billing cycle, the Client is eligible for a prorated refund or credit for the remaining days within that billing cycle. The prorated amount will be calculated based on the daily rate of the Client's monthly plan.
Failure to Deliver Services: If Cascade Web Solutions fails to deliver the promised services within a given billing cycle, the Client is eligible for a credit toward future services or a refund for the undelivered services. The decision between a credit or a refund will be at the Client's discretion.
No Refunds for Partially Used Services: Except as provided in sections (a) and (b) above, there will be no refunds or credits for partial months of service or for periods in which the Client's account remains open but unused.
Process for Requesting Refunds: To claim a refund or credit, the Client must make a request in writing to Cascade Web Solutions. The request must include the reason for termination and the desired form of reimbursement (credit or refund). Upon receipt of the request, Cascade Web Solutions will review it and process the appropriate credit or refund within a reasonable period.
11. website hosting
By choosing to use Cascade Web Solutions' hosting services, the Client agrees to provide all necessary hosting information to Cascade Web Solutions in a timely manner. This is to ensure that all email addresses and contacts can be accurately uploaded and activated by the projected completion date of the website.
Cascade Web Solutions utilizes Vercel for hosting services, which is powered by Amazon Web Services (AWS), to host and manage content online securely and efficiently.
Cascade Web Solutions focuses on creating websites specifically tailored to be hosted on our chosen platform, ensuring optimal performance and reliability. We typically do not design websites to be hosted on other platforms, especially if the Client intends to manage the website personally.
For Clients subscribing to the Essential tier, if the Client desires to transfer their website to their own servers or another hosting platform after completing the 24-month payment period, they must adhere to the terms detailed in the Termination section (#8) of this agreement. Please note, this could involve fees or other specific requirements to ensure a smooth transition. For Clients in the Growth and Premium tiers, different terms may apply as specified in their respective agreements.
12. Whitelabeling or Rebranding
Cascade Web Solutions is open to discussions regarding whitelabeling or rebranding of the Service. Any Client interested in such services must contact us directly to discuss details, terms, and conditions.
It is crucial for the Client to understand that whitelabeling or rebranding our Service without prior consultation and expressed written consent from Cascade Web Solutions is strictly prohibited.
In the event a Client is found whitelabeling or rebranding our Service without the necessary permission, it will be considered a breach of this Agreement. As a result, Cascade Web Solutions reserves the right to terminate the Agreement immediately. In such a scenario, the Client will not be entitled to any reimbursement or compensation for previous payments made or services availed.
13. Google My Business Listing Management
Cascade Web Solutions offers Google My Business Listing Management as a specialized service, for a fee of $50 per month. This service includes the management and regular maintenance of the Client's Google My Business listing to enhance their online presence and visibility.
Our service includes updating the business description, uploading photos, and managing other content on the Client's Google My Business profile. Clients are required to provide any new photos or content updates they wish to have uploaded. It is our commitment to ensure that their business listing accurately reflects their current offerings and branding.
Please note that this service does not include creating and posting Google's "Updates" or blog posts on the profile. These are separate services offered under our Social Media Management package. However, if Clients wish to have such updates or posts, they can provide the content to us, and we will post it on their behalf.
As part of this service, Cascade Web Solutions will handle the necessary passwords and access credentials for the Client's Google My Business account, ensuring that we do not alter these passwords unless specifically directed by the Client.
The Client reserves the right to cancel this service at any time. In the event of cancellation, Cascade Web Solutions guarantees availability 24/7 to assist the Client in regaining full control of their Google My Business account. This includes providing all relevant account information, such as passwords and access credentials, to ensure a smooth and immediate transition back to the Client.
14. Business Transition
In the case of the Client's business being sold, transferred, or otherwise transitioning to a new owner, the terms of the existing Agreement with Cascade Web Solutions shall remain in full effect. The successor or new owner will assume all rights, responsibilities, and obligations under the current Agreement.
It is incumbent upon the Client to inform the new owner of all the terms, conditions, and commitments associated with the Service provided by Cascade Web Solutions. This includes, but is not limited to, the continuation of payments and adherence to the agreed terms.
Failure to notify the new owner of these obligations does not relieve the successor of their responsibilities under the Agreement. Cascade Web Solutions must be notified promptly of any change in ownership, and reserves the right to re-evaluate and affirm the Service Agreement with the new owner.
Any lapse in the communication of these terms to Cascade Web Solutions or the new owner may result in the discontinuation of services and termination of the Agreement, at the discretion of Cascade Web Solutions.
15. Social Media Management
Under this Agreement, Cascade Web Solutions offers Social Media Management services to the Client, which includes the management of various digital platforms to enhance the Client's online presence.
Base Package: The base price for our Social Media Management services is set at $1,500 per month. This package includes:
- Bi-weekly Google Updates: Regular updates/posts on the Client's Google My Business profile every two weeks to ensure up-to-date and engaging content.
- Monthly Blog Posts: Publishing blog posts on the Client's website once a month, tailored to their industry and audience. This feature requires that the Client has either our Growth tier or Premium tier which has blog posting integrated as part of the package.
- Weekly Social Media Posts: Regular updates on the Client's Instagram and Facebook pages, with one post per week on each platform.
Custom Contracts: We understand that each business has unique needs. Therefore, additional terms, services, or adjustments to the base package can be negotiated and incorporated into a custom contract designed specifically for the Client.
The Social Media Management services are subject to the same quality standards and commitment to excellence as all other services provided by Cascade Web Solutions. By opting for these services, the Client agrees to work collaboratively with us to achieve their social media goals and acknowledges that the effectiveness of social media engagement is dependent on timely and relevant content provision and approval.
Cascade Web Solutions reserves the right to modify, adjust, or discontinue any aspect of the Social Media Management services. Any significant changes, including alterations to the pricing or service structure, will be communicated to the Client with a minimum of 30 days' notice. Such changes will require the Client's explicit consent before implementation.
16. Backlink Building Services
Cascade Web Solutions offers Backlink Building services to enhance the Client's website visibility and search engine ranking. These services are focused on creating high-quality backlinks from reputable sources.
Cascade Web Solutions commits to using ethical and industry-accepted practices for backlink building. The focus will be on securing backlinks that are relevant to the Client's industry and audience, thereby contributing positively to their website's search engine optimization (SEO) efforts.
Quality Assurance: While Cascade Web Solutions endeavors to ensure the highest quality and relevance of backlinks, variations in DA scores and the impact of individual backlinks on the Client's overall SEO performance are subject to external factors beyond our control.
Service Adaptation: The methodologies and practices employed in our Backlink Building services are subject to change in response to evolving SEO trends and algorithms. Cascade Web Solutions will keep the Client informed of any significant strategy adjustments.
17. Eligibility and Terms for Simple Business Template Package
The Simple Business Template Package is offered by Cascade Web Solutions exclusively for businesses that have been established within the last three months from the date of signing up for this service. This package is specifically tailored to support the foundational digital needs of newly established businesses.
Eligibility Verification: Eligibility for this package requires that the client's business commencement date is within three months prior to the date of engaging with this service. Verification of the business start date may be requested by Cascade Web Solutions.
Consequences of Misrepresentation: In the event that a client is found to have provided false information regarding the establishment date of their business for eligibility purposes, Cascade Web Solutions reserves the right to terminate the agreement immediately. In such cases, no refund for any services rendered will be provided.
Service Cancellation: This service is provided on a non-contractual basis, allowing clients to cancel at any time without penalty. Upon cancellation, any domain names registered through Cascade Web Solutions for the client will be transferable to a hosting provider of the client’s choice.
Domain Ownership and Transfer: Upon registration, the domain name is purchased by Cascade Web Solutions but owned by the client. In case of service cancellation, or upon client's request, the domain will be transferred to a hosting provider of their choosing, ensuring the client retains full control over their digital assets.
Incentive for Future Services: Clients who later opt to upgrade to a full-service package with Cascade Web Solutions will be eligible for a one-time 10% discount on their future website purchase after purchase of 4 months of continued service and hosting.
This package is particularly suited for new business owners seeking a basic yet effective online presence, and it operates under a set of conditions tailored to early-stage business needs. Please note that the terms and conditions of this package are separate from those of our other service tiers.
This contract shall be governed by the substantive laws of the State of Washington without regard to conflict of law principles. This contract constitutes the entire understanding and agreement between the parties hereto and their affiliates with respect to its subject matter and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of such parties (whether oral or written). No promise, inducement, representation or agreement, other than as expressly set forth herein, has been made to or by the parties hereto. This contract may be amended only by written agreement, signed by the parties to be bound by the amendment. This contract shall be construed according to its fair meaning and not strictly for or against either party.
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