General Terms and Conditions

The following is for you to review at any time and is the most up to date version of our terms and conditions. 

By entering into an agreement with Trillium Marketing (hereafter known as “TM”), you (hereafter known as “client”) assert that you have read and agree to these terms and conditions in their entirety.

Client will be provided a link to these terms and conditions before any formal agreement is confirmed.

Client will be able to access terms and conditions from TM website at any time.

Service Agreement

TM is to provide only the services agreed upon to the client.

Scope of Work

Unless otherwise stated, TM is to provide client with a website design based on client’s business, potential customers, and goals. TM will create and format all messaging and graphics, and may include content or images provided by the client. 

The website will include:

– Home Page: landing page format with messaging directed towards generating leads

– Lead Form Page: lead form to collect customer contact information

– Lead Form Thank You Page: redirect page to confirm form submission

TM may use brand assets provided by the client (logos, color palettes, taglines, etc.) and reserves the right to alter brand assets if necessary to provide a higher-quality site. 

Additional Requests Outside of Original Scope of Work

Any additional work that is not included in the initial scope of work may be discussed at any time. TM reserves the right to approve or deny any additional work and will discuss pricing for the additional work with the client.

Any additional work approved or denied will not impact the original agreement between TM and the client.

Client Approvals Process

Before the site is published, or any time there is a substantial edit to the site, TM will require the client to approve the site before publishing. 

Items that require approval will not be published on the site. In order to access them, TM will provide the client a private link via email to view pending content. Once the content is approved, it will be published and accessible on the site.

Client Approval Window

If the client does not respond by 5:00 PM EST on the 5th business day after the approval request was sent, the approval request will be considered approved.

Client's Responsibility to Ensure Accuracy of Content

The client is solely responsible for ensuring that the content published by TM is accurate. Since TM takes all reasonable measures to allow the client to vet all content via the client approvals process, the client agrees not to hold TM liable for any inaccurate information published. 

Hold Harmless

The client shall hold harmless, defend and indemnify TM from any and all claims, actions, suits, charges, and judgements that arise out of the performance or nonperformance of the services and subject matter call for in this agreement. 

Revisions and Edits

Unless specified otherwise, the client is entitled to 3 rounds of revisions.

Design Retainer

TM reserves the right to require a design retainer before any work begins. The amount will vary and may be divided into multiple payments depending on scope and complexity of the project, and may or may not be dependent on project deliverables and/or benchmarks. 

100% Satisfcation and Money-Back Guarantee

TM guarantees that you will be 100% satisfied with your new site. If you are not satisfied at any point before final approval of the site, we will approve a full refund. 

Final approval of the site will be considered 100% client satisfaction. 

Website Hosting and Maintenance

Website hosting and maintenance will be billed monthly on a subscription basis. Payment is due at the beginning of the month

Domain Name Licensing

The client has the option to purchase their own domain name at any point in the process. 

If the client requests that TM provide a domain name for them, TM will purchase and license the use of that domain to the client on a monthly subscription basis. 

Month-To-Month Subscription

Use of the website (and domain name if applicable) will be licensed to the client on a monthly subscription basis. 

Payment is required before the beginning of the next 30-day term.

The client is not required to purchase more than 30 days of service at any time. 

Extend Subscription Term for Discount

The client may choose to extend subscription term for a discount. Payment is required at the beginning of the term.

12 months: 10% off

Subscription Renewal

Unless otherwise requested, the client’s subscription will automatically renew at the predetermined interval. If the client is on a monthly subscription, it will automatically renew every month. 

If the client opted to extended the subscription term 12 months, the subscription will automatically renew for an additional 12 months. 

Cancelling Subscription Renewal

The client may choose to cancel their subscription renewal at any time. 

Advanced notice is not required to cancel subscription renewal at the end of the subscription term. 

The website will continue to be active throughout the agreed-upon term, but will be removed after the term expires. 

Cancelling Service Before Term Expires

10 business days notice is required if the client wishes to cancel service before the subscription term expires. TM will refund a prorated amount based on the remaining time left in the term.

On the date of cancellation, the website will be removed and will be inaccessible.

Reactivating Service

After cancellation, TM will preserve all assets and designs for 30 days. During this time, the client can reactivate service at the predetermined subscription price. 

After 30 days, all assets and designs will be permanently deleted. If the client wishes to reactivate service after this time, TM reserves the right to charge another design retainer and adjust subscription pricing.

Payment Methods

TM will save a payment method on file for the client. This payment method will be auto-billed every month on the same day.

TM uses Stripe to ensure that all payment methods are secure.

TM does not charge an additional fee for credit card payments. 

Payment

Payment is required at the beginning of each subscription term.

Payments will be automatically invoiced and billed to the payment method on file through Stripe.

Outstanding Balances and Interest

All outstanding balances will accrue interest at the rate of 1.5% per month or the highest rate allowed by law, whichever is less.

Balances will continue to accrue interest until the entire outstanding balance is paid in full (including interest).

Cost to Collect

The client agrees to pay for all reasonable costs and expenses, including, but not limited to, collection, legal expenses, court costs, and attorney’s fees incurred or paid by TM in collecting and/or enforcing this agreement. 

Unpaid Accounts

Any accounts 3 months or more behind on payment may be cancelled at TM’s discretion. 

Disputed Payments and Reimbursement of Dispute Fees

The client agrees that TM has the right to collect all fees incurred by payment disputes. 

Breach of Contract, Mediation, and Litigation

In the event of a material breach of contract, the agreement will be terminated

If the client breaches the agreement, they waive any right to collect a prorated refund for any unused or prepaid license term.

In the event a dispute shall arise between the parties to this agreement, the parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration & Mediation. The parties agree to share equally in the costs of the mediation.

Designated Legal Jurisdiction

In the event of a dispute between parties, litigation will take place in the jurisdiction of TM’s headquarters (currently Montgomery County, VA). 

Updates to T&C

TM reserves the right to update the terms and conditions at any time and for any reason. TM will notify client when any substantial changes have been made.

Copyright Infringement

If the client provides TM with any materials or assets that would infringe on existing copyrights, TM will not be held liable for use of such materials.