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Rules Of Development

Last Updated: March 28, 2019

Rules Of Development

I. Client Hub

Client agrees to submit all new project request, bugs, schedule meetings and project communications through the Client Hub. Access to this portal will be provided ONLY when you become a client.

The link to the portal can be found here: www.Treehouse51.com/client-hub/ 

II. Client Role

During the lifetime of the project, The Agency will work with only one person designated by the client, that is either the client or assigned by the client.  The person will be The Agency’s main point of contact to: Answer questions, provide project approvals, notes and more.

If an outside person on the client-side that is NOT the person assigned to work with The Agency steps in more than once without both the Agency and Client written agreement, where this person provides any direction dealing with the scope of work a fee and hourly rate will be applied to all communications and the project.

The hourly rate will be $85 an hour.
The project fee will be 15% of the total for the life of the project.

Please note:  This fee includes switching The Client Assignee at any point during the scope of work. As an example, if the client is the main point of contact but halfway through the project they assign a staff member to take over a fee will be applied.

III. Scope Creep

Scope Creep is work that falls outside the agreed upon contract. Work that falls outside the contract with new tasks requests and / or new development requests established in the contract will be invoiced at an hourly rate.

Depending on the task this work will be invoiced between $85-120 an hour.

IV. Rush Orders

Projects or requests that are considered “rush” orders ie. require fast turnaround times, will result in an additional fee.

Depending on the task this work will be invoiced between $85-120 an hour.

All tickets, support requests, meetings, rush and non-rush orders, etc are charged in 30 Min increments.

V. Consultations & Meeting Requests

As we continue to work together, consultation requests may arise. These requests are considered questions, brainstorming sessions, marketing discussions that fall outside the established contract. For instance, requesting a consultation about a new brand idea, new project, new marketing channel, etc. These are considered Consultation requests and will be invoiced hourly.

A meeting request is when we review current campaign deliverables. The moment a new idea is introduced this is a considered a consultation. Typically, meetings should not exceed 1 hour. Those that do will be invoiced following the Consultation hourly rates.

Consultations with the Treehouse 51 team members will be billed at $70 an hour.
Consultations with upper management at Treehouse 51 will be invoiced at $90 an hour

Please be advised, you may request a Consultation that requires more than 1 Treehouse 51 team member present. Or you may request a meeting and not realize another Treehouse 51 member is required to be effective. All parties involved on Treehouse 51 will invoice The Client for the time on an hourly basis.

To schedule a meeting please go here: https://www.treehouse51.com/schedule-a-meeting/

VI. Project Milestones

During the project, Milestones may be set. Normally this is outlined in the contract or when a member of The Agency sends The Client a deliverable.

When The Agency sends a deliverable the Client has a finite amount of time to provide feedback. The default time limit if not set is 7 Business Days. Please note: some contracts and tasks specify other dates.

After this time passes and no feedback is provided to advance the project, The Agency will consider this project/task closed.

To reopen and/or restart the project after the time listed above will require an additional fee of 20% calculated from the value of the contract. In addition to this fee, work performed after this time will be invoiced at an hourly rate. Depending on the task work will be invoiced between $65-120 an hour.

VII. Late Fees

Occasionally, invoices slip through the cracks. The client is given one grace period of 3 business days. After that point, all late invoices will incur an additional late fee of 15% of the value of the invoice.

If invoices are paid late more than 3 times, the penalty fee is 30% the value of the invoice.

During late fee period(s), The Agency has the right to pause all work and remove assets from any project they are working on till the invoice(s) is cleared.

Please Note: There is an option to have your credit card on file to ensure late fees never happen. This link can be found here: https://www.treehouse51.com/credit-card/ — all cards submitted opt-in to being charged automatically by The Agency.

VIII. Assignment of Specific Rights

For the purposes of receiving professional marketing services, Client agrees to provide the following:

a) Give The Agency FTP and other back-end access to the web site for uploading new web pages, and making changes on the web pages for the purpose of on-page optimization.

b) Permission to communicate directly with any third parties, e.g., your web designer, web developer etc if necessary.

c) Full access to existing website traffic statistics for analysis and tracking purposes like access to Google Analytics.

d) Permission to use client official email address for the purposes of requesting links.

e) Client authorizes The Agency use of all client’s logos, trademarks, Website images, content etc., for use in creating informational pages and any other uses as deemed necessary by for search engine optimization and social media optimization.

f) If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. The Agency can create site content at an additional cost to the Client. If Client is interested in purchasing content from, it can be provided at an additional cost that will be determined by the scope of work.

g) If a contact ends prior to completion of the contract, The Agency has the right to take back all their work/assets. For clients using services such as PPC, all proprietary work created by The Agency will be removed. PPC asset removal also applies to when the contract expires.

IX. Non Disclosure Agreement

At any time during or subsequent to contract period, Client agrees to keep in strictest confidence and trust all of The Agency confidential information to which the client has access.

Client will not use or disclose any The Agency confidential information without the written consent of The Agency.

Client agrees not to attack/criticize The Agency and any of its employees, associate or partner publicly (on public forums, blogs, social networks etc) at any time during or subsequent to contract period.

X. Disclaimers

Note: This section contains content specific to Web Development & SEO projects. Please disregard the following sections if your project is not a Web Development or SEO Project: C, E, F, & G.

Client acknowledges the following with respect to marketing services from The Agency:

a) All fees are non­‐refundable.

b) The Agency is free to hire and contract anyone and / or template needed to complete marketing needs at The Agency’s discretion.

c) The Agency has no control over the policies and ranking algorithms of search engines with respect to the type of sites and/or content that they accept now or in the future. Client’s web site may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory.

d) Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, The Agency does not guarantee No.1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.

e) Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than “x” amount of time or have enough back link strength. The Agency assumes no liability for ranking, traffic, indexing issues related to such penalties. Consequently, the client understands that ranking new websites is much more difficult than ranking old and established sites and he should not have unrealistic expectations about rankings, traffic, and revenues.

f) New websites may get a temporary boost in ranking for some targeted keywords for few days but then it settles down to its real place. This is known as ‘new site boost effect’ and it is quite common to happen. Consequently, the client understands that his new site has not really got top rankings with a month and soon it will go down to its actual position.

g) Occasionally, search engines will drop listings for no apparent reason. Often, the listing will reappear without any additional SEO efforts.

h) A website search engine ranking can fluctuate any day, anytime because of ongoing changes in the ranking algorithm, SEO efforts made by the competitors or both.

i) The Agency makes no guarantee/warranty of project timeline or added expenses (like charging additional fees etc) if the marketing work is destroyed either wholly or in parts, either knowingly or unknowingly by any party other than The Agency or without the prior consultation of The Agency. Marketing work is considered to be destroyed either wholly or in parts, if following changes (but are not limited to) are made to a website by any party other than The Agency or without first consulting The Agency:

i. Changes in the file(s) or folder(s) name
ii. Putting a file in a different folder or putting a folder in another folder or sub domain
iii. Making changes in the head section of a document like changing the text in the title tag, removing certain HTML tags required for site authentication.
iv. Deleting a link, folder, file, web document or sub domain.
v. Modifying text on a web document like changing the formatting of the text or repositioning the text.
vi. Removing analytics code from the web page which is used to track website traffic.
vii. Linking out to any website without prior consultation of The Agency
viii. Adding a file, folder, web document, widget or any functionality.
ix. Renaming URLs of existing web documents.
x. Taking down the website or part of the website (including social media channels).
xi. Renaming, relocating, adding or removing any file, folder or sub domain on a web server including web documents, robots.txt, .htacess file, sitemap.xml, rss.xml etc
xii. Changes in the site architecture
xiii. Changes in the anchor text
xiv. Making any changes on an optimized web page

j) The Agency does not guarantee sales. No one can guarantee sales / a prospect buying a product. The Agency does guarantee website traffic increase.

XI. The Agency makes no guarantee/warranty of project timeline or added expenses (like charging additional fees etc) if:

a) The client fails to resolve queries on time.
b) Make delays in providing required access, budget, documents, permissions or any support for marketing purposes.
c) Fails to make necessary changes on the website as and when advised by The Agency for carrying out the Search Engine Optimization services.
d) There is a server outage for a prolonged time on client’s site.

XII. The Agency is not responsible for the Client overwriting marketing work. The Client will be charged an additional fee for reconstructing, re-optimizing content/web pages, based on the hourly rate of US $125.00 per hour.

XIII. Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to The Agency for inclusion on the website above are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend The Agency and its subcontractors from any liability or suit arising from the use of such elements.

XIV. Within 3 business days of receipt of services client will notify The Agency, in writing, of any failure to comply/deliver on services as agreed upon by parties. Any such notice, The Agency has 3 business days to provide any necessary correction or clarifications. In the absence of such notice from the client within said stated time period, the list of services shall be deemed accepted.

XV. When This Contract Comes To An End

1. This contract comes to an end when everything specified in the contract has been done.

2. This contract can also end if there is a breach of contract and either party decides to cancel it.

3. This contract can also come to an end if The Agency determines the scope of work has become detrimental to the Client and / or The Agency’s reputation and / or business. In which case, during the renewal period The Agency will provide a written letter stating the termination and will not hold the Client responsible for the full remaining balance of the life of the contract. Any work previously provided that will carry on to the following month(s) is subject to a usage fee of 70% of that month’s set marketing rate.

4. The contract can also be ended by mutual agreement of the parties involved in contract or when it becomes impossible to carry out the obligations specified in the contract like due to man-made calamities (riots, acts of terrorism, war etc) or natural calamities (like flood, hurricane, earthquake, volcanic eruption etc).

5. Longterm contracts ie. Monthly Marketing Service Contracts, when the term ends roll over to the next month. 30 Days notice is required by the client to cancel the contract at this point. After 3 Months of “rolling over,” the contract will renew again for the original length set within the first contract.

6. Upon completion or early termination of the contract, The Agency has the right to take back all their work/assets. For clients using services such as PPC, all proprietary work created by The Agency will be removed. PPC asset removal also applies to when the contract expires.

XVI. Limitation of Liability

UNLESS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE
LIABILITY OF EITHER PARTY TO THE OTHER FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT OF THE AGENCY’S TOTAL FEES UNDER THIS AGREEMENT.

XVII. Relationships of the Parties

The Agency is an independent contractor, not an employee of Client or any company affiliated with Client. The Agency shall provide the Services under the general direction of Client, but The Client shall determine the manner and means by which the Services are accomplished.

This Agreement does not create a partnership or joint venture, and neither Party is authorized to act as agent or bind the other Party, except as expressly stated in this Agreement.

The Agency and the deliverables prepared by The Agency shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express written agreement of the Parties and the various terms and conditions of this Agreement.

XVIII. No Exclusivity

The Parties expressly acknowledge this Agreement does not create an exclusive relationship between the Parties. Client is free to engage others to perform services of the same or similar nature to those provided by The Agency, and The Agency shall be entitled to offer and provide marketing services to others, solicit other clients and otherwise advertise the services offered by The Agency.

XIX. Intellectual Property Provisions

Client Content, including all pre-existing Trademarks and copyright material, shall remain the sole property of Client, and Client shall be the sole owner of all rights in connection therewith. Client hereby grants to The Agency a non-exclusive, nontransferable license to use, reproduce, and modify the Client Content solely in connection with The Agency’s performance of The Agency’s Services and the production of the Deliverables.

XX. Recognition

The Agency retains the right to reproduce, publish and display the Final Deliverables in The Agency’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the sole purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Final Deliverables in connection with such uses. Either Party, subject to the other’s written approval, may include a link to the other Party’s website.

XXI. Governing Law & Jurisdiction

Governing law means which country’s rule of interpretation and legal remedies apply in case of any dispute arising out of the contract. Jurisdiction means the place where your dispute will be heard.

This Agreement (Contract) shall be governed by the laws of the United States and the parties submit to the exclusive Jurisdiction of the courts of California in respect of any dispute or difference between the client and The Agency arising out of this Agreement (Contract).

Any dispute or difference can also be resolved outside the court by appointing an independent third party (also known as arbitrator) on mutual agreement of the client and The Agency. However, in this case arbitrator’s decision is considered to be final and cannot be disputed or appealed in the court of law.

This contract is all-inclusive and no other oral or written contract exists between the two parties stated in this agreement. By signing this contract you agree that you fully understand this contract, you are legally competent and authorized to enter into the contract and you sign this contract on your ‘own free will’ without any undue influence, misrepresentation of facts or by mistake.

You also represent and warrant to The Agency that you have no interest or obligation which is inconsistent with or in conflict with this agreement or which would prevent, limit, or impair The Agency’s performance of any part of this agreement. You agree to notify The Agency immediately if any such interest or obligation arises.

XXII. Business Day, Weekends, & US Holidays

Our typical hours of operation are Monday – Friday 9:30 AM PST to 4:00 PM PST.

Projects requiring work on weekends, US Holidays, or past 4 PM PST may incur additional charges. Depending on the task this work will be invoiced between $85-120 an hour.

Weekends and Holidays do NOT count as business days for any project.

XXIII. WooCommerce & Subscription Terms

Note: The sections above apply to Section XXIV WooCommerce & Subscription Terms as well.

1. Our agency reserves the right to reject any purchase order made via our website for any reason. If rejected a refund will be issued.

2. Once the order is approved no refunds will be allowed for that time period. Example, if an order is placed for 6 Months and our system has billed for 2 Months the billed Months will not be refunded.

3. If you are on a recurring / subscription plan and payment fails services will be turned off within 24 Hours. To turn back on services you will need to contact info@treehouse51.com and pay the outstanding invoice. In most cases, a 13% Reactivation Fee will be issued. This amount will be based on the total paid equaling the sign up fee + monthly cost.

4. If you wish to cancel any service please email info@treehouse51.com.

XXIV. Website Retainer Terms & Conditions

Note: The sections above apply to XXV. Website Retainer Terms & Conditions as well.

1. Our agency reserves the right to reject any purchase order made via our website for any reason. If rejected a refund will be issued.

2. Once the order is approved no refunds will be allowed for that time period. Example, if an order is placed for 6 Months and our system has billed for 2 Months the billed Months will not be refunded.

3. If you have purchased a retainer package and decide to cancel at any point there will be a 50% Fee. The 50% will equal the amount of time left in your retainer. Example, you purchase a retainer for 6 months and cancel in month 4 – you will owe 50% of the remaining 2 months.

4. If a client request work outside the retainers allocated time they will be notified and invoiced at an hourly rate according to the standard hourly rate found in this page.

5. You will be billed the full amount of the retainer whether you use all hours or only a portion.

6. Please view “VII. Late Fees” for Late Fees Rules & Regulations.

7. Website Retainers Cover:

A. Updating Blog
B. Updating Landing Pages (code, copy, and images)
C. Debugging Site Issues
D. Add New Website Features
E. Email Communications (Up To 2 Hours Per Month)
F. Phone Calls (Up To 1 Hour Per Month) – These should be scheduled.
G. Meeting Requests (Up To 1 Hour Per Month)

Note I: Meetings and phone calls should always be scheduled at least 2 Business Days in advance with all parties agreeing to meet on said date and time. As long as your retainer has sufficient time it is fine if a meeting or call runs over the allocated time above. However, email communications per retainer are confided to 2 hours per month.

Note II: In some cases, a client may request a new feature that is beyond the allocated time of their retainer. This will depend on the client request and site. If this arises the client will be notified in advance of the estimated time and will be invoiced hourly on time that goes over the allocated monthly time.

8. Unused time does NOT roll over to the next month.

9.  Website Retainers do NOT cover:

Server Management, Email Support, or Plugin Modifications. If you are unsure if your request is covered, please email info@treehouse51.com

XXV. Server / Hosting Terms & Conditions

Clients may opt-in for the agency to host their website, depending on the agreed upon contract.  In these cases:

1. No client is given access to the agency server.

2. If the agency goes out of business, the client understands the agency is NOT responsible for moving the client site to a new server.

3. Client-server requests/modifications are billed at a standard hourly rate of $85/hour.

4. There is NO grace period for late payments on server/hosting.

This means if the hosting/server invoice is late by even 1 day the server will be turned off and the client site taken offline. To reactivate the site the client will be charged a $350 penalty fee as well as pay the remainder of the invoice balance to be reactivated.

5. If you are part of our Biz Builder Site Program please note there is no option to transfer the website to a different server or platform. All material built is managed by the agency and is non-transferable.

This means if you wanted to have the agency build your website and transfer the code to a different server/framework at a later date there is no option to do so.

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