Terms of Service
By using MichiganBizSearch development services or other MichiganBizSearch services (“MichiganBizSearch Services”), you (“you,” “your,” “Client”) agree to be bound by the following terms and conditions (the “Terms of Service”).
Payment & Billing Schedule
Payment terms for MichiganBizSearch Services are as follows:
1. The payment schedule and terms are listed on your quote and/or purchase order.
2. Payments are due upon receipt.
3. Payments made to MichiganBizSearch are non-refundable.
4. MichiganBizSearch will not move forward with the next phase of work until all outstanding invoices are paid.
5. MichiganBizSearch reserves the right to suspend service on accounts when invoices are 30 or more days past due.
Once a website is completed and paid for, you will have ownership of the website. This includes domain name (if applicable), web pages, web page content, and logos. MichiganBizSearch may include a link(s) to your website or maintain a completed copy of your site to use in its portfolio as an example of work.
Hosting, Domain, and Maintenance Renewals
MichiganBizSearch hosting, domain, and maintenance services begin on your project start date and renew annually until terminated (refer to Termination of Service section below).
Clients are responsible for their own site backups. MichiganBizSearch strongly recommends to its clients that they keep back up copies of all website files and back up their data on a regular basis.
Intellectual Property Rights
MichiganBizSearch owns all rights to patents, inventions, know-how, copyrights, marketing knowledge, and other intellectual property rights in design, software, tools, scripts, code, code library functions, documentation, and works of authorship that are created by MichiganBizSearch for or during your project.
Clients are granted permission to use any such MichiganBizSearch intellectual property included in their project, if applicable, for each project completed and paid for (license or service fees may also apply).
Clients may not modify, copy, distribute, or sell any such MichiganBizSearch property or use it on additional websites or projects not developed by MichiganBizSearch.
Changes in Terms of Service
MichiganBizSearch reserves the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service at www.michiganbizsearch.com/terms from time to time so that you will be apprised of any changes.
Termination of Service
MichiganBizSearch may terminate services, with or without cause, by giving the Client written notice (including email) of the termination. For clients whose invoices are more than 30 days past due, MichiganBizSearch reserves the right to suspend or terminate services, at the discretion of MichiganBizSearch, with or without notice. Clients who want to cancel services with MichiganBizSearch must submit a Termination of Services Request form (available any time upon request) in writing (including email) to MichiganBizSearch at least 30 days in advance of service cancellation.
Representations and Warranties
The products and services provided by MichiganBizSearch are on an “as is” basis, without any warranties or representations express, implied, or statutory; including without limitation, warranties of quality, performance, noninfringement, merchantability or fitness for a particular purpose. MichiganBizSearch does not warrant that the operation of your site will continue uninterrupted or error free. These disclaimers form the basis for determining the price charged for development services. MichiganBizSearch shall not indemnify clients against infringement of any patents, copyrights, trade secrets, or other proprietary rights.
Clients are solely responsible for the content they provide to MichiganBizSearch for use in their projects, including obtaining all the necessary and appropriate rights and licenses to use the content provided for the project. Client also agrees to indemnify MichiganBizSearch from any third-party claims resulting in losses, damages, liabilities, costs, charges, and expenses arising out of any breach of Client’s representations and responsibilities.
Limitation of Liability
In no event shall MichiganBizSearch be liable for lost profits or special or consequential damages, even if MichiganBizSearch has been advised of the possibility of such damages. MichiganBizSearch total liability for damages, costs, and expenses, regardless of cause, shall not exceed the total amount of fees paid by the Client to MichiganBizSearch in the previous three (3) months. MichiganBizSearch shall not be liable for any claim or demand made against the Client by any third party. Client shall indemnify MichiganBizSearch against all claims, liabilities and costs of defending any third party claim or suit arising out of the use of MichiganBizSearch or the Client’s content provided for the website, projects, and/or marketing services.
Governing Law; Jurisdiction; Venue
Service agreements and purchase orders with MichiganBizSearch shall be governed by, enforced, and construed solely in accordance with the laws of the State of Michigan without giving effect to conflict of law principles.