These Terms and Conditions of use (‘Terms’) govern the use of the Website www.ruskinconsulting.com. In these Terms, an individual visitors to the Website is reffered to as you, or Client and Ruskin Consulting is referred to as Ruskin Consulting, us or we.
In using this website you are deemed to have read and agreed to the following terms and conditions:
1. Website Use. By proceeding to use the Website, you agree to be bound by these Terms, in their current form and as they may be amended by Ruskin Consulting at any time. If you do not accept these Terms, you must discontinue your use of the Website immediately.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We take reasonable precautions to ensure that information published on the Website is accurate but we do not guarantee its accuracy. You should take appropriate steps to verify information displayed on the Website before relying on it. Downloading material from the Website is done at your own risk and any materials provided via the Website are provided on a “as is” basis.
We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform in order to access the Website. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or anyserver, computer, or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
2. Services tobe Performed. Ruskin Consulting agrees to perform Internet Marketing, Analytics, Business Consultation, and Website Design Services (the “Services”) on Buyer’ s behalf, according to the Services you, the Client, selects. Ruskin Consulting agrees to provide the Services to you each month in exchange for the agreed packages or hourly rate. Ruskin Consulting, and you the Client, agree that Ruskin Consulting will perform services on behalf of the Client to enhance your online presence and performance and these services are continual. Consistent changes are necessary due to various search engine algorithms that take place, new competitors, that Ruskin Consulting has no direct control over. Therefore Ruskin Consulting and the Client agree that Ruskin Consulting, at its sole discretion, and without the buyer’ s notice, has the right to modify the Services selected by the Buyer at any time in an attempt to provide better results to the Client.
3. Termination of Agreement. This Agreement is month-to-month. Notice of termination shall be given only in writing, by the Client to Ruskin Consulting at 5106 Shelter Bay Ave., Mill Valley, CA 94941 or by email to firstname.lastname@example.org. Client is required to pay the final payment after Client has cancelled.
4. Third party Websites. We assume no responsibility for the content of any websites linked on our Website or websites from which you have accessed our Website. Such links should not be interpreted as endorsement by us. We will not be liable for any loss or damage that may arise from your use of our Website or any third party websites.
5. Website Design. Website Designs have a fixed term/payment set forth in the proposal sent to the Client. The Client agrees to pay the web design in full and cannot cancel this agreement for any reason. If payment is not paid in full Ruskin Consulting has the right to withhold the Client’ s website until full payment has been made. Further, if the payment is not fully paid, and or late, Ruskin Consulting retains ownership of the website and the consumer traffic to the website until the Website Agreement has ended. Ruskin Consulting may shut down the website until the Client has paid all the outstanding fees in full.
6. Internet Marketing. Internet Marking has a fixed term/payment set forth in the proposal sent to the Client. The Client agrees to pay the internet marketing in full but can cancel this agreement upon full payment of all outstanding invoices owed included hours/projects not yet billed. Further, if the payment is not fully paid, and or late, Ruskin Consulting retains ownership of the PPC accounts, Analytics, and the Client’ s website until the Internet Marketing Agreement has ended. Ruskin Consulting may shut down the paid advertising account, SEO, Analytics and the website until the Client has paid all the outstanding feesin full.
7. Payment. We accept checks, Paypal and all major Credit/Debit Cards as acceptable methods of payment. We reserve the right to seek recovery of any monies remaining unpaid 30 days from the date of invoice via collection Agencies and/or through the Court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Late payments by Client shall be subject to late fees of 5% per month from the due date until the amount is fully paid. Any payment returned or rejected by the bank shall be subject to a $30 fee payable by the Client to Ruskin Consulting. Ruskin Consulting has the right to discontinue Services without notice to Buyer if any payment is late.
8. Intellectual Property Ownership. Ruskin Consulting will provide the Client its marketing systems, procedures, internet directory listings, website designs and elements, and/or other expertise and services. Ruskin Consulting grants the Client a royalty-free, non-exclusive license to use the product for the purpose of marketing and selling Client’ s products and services. Ruskin Consulting retains all other rights, titles, and interests, including all copyrights, patent rights, and trade secret rights, in the products and services rendered to the Client.
9. Exclusive Agreement, Modifications, Waivers, Severance. This is the entire Agreement between Ruskin Consulting and the Client. Any modifications to this Agreement must be in writing, and signed by both parties. Any waiver shall not be effective against any party unless in writing executed on behalf of such party. In the event that any of the provisions of this Agreement shall be held by a court to be illegal, invalid, or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
10. Warranty. Buyer must report any deficiencies in Ruskin Consulting services to Ruskin Consulting in writing within 30 days of performance to email@example.com to receive warranty remedies. Software bugs, search engine algorithmic changes, downgrading and/or degradation of incoming links are to be expected and addressed under the terms of this Agreement. Client’ s exclusive remedy for any breach of the above warranty shall be the re-performance of Ruskin Consulting’ services. If Ruskin Consulting is unable to re-perform the services, Client shall be entitled to recover the fees paid to RuskinConsulting for the deficient services. Every effort will be made to complete all aspects of the optimization process. If any part of Ruskin Consulting’ s performance of the Services cannot be performed due to website limitations beyond Ruskin Consulting’ s control, Client waives these services. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS, ORSTATEMENTS MADE PRIOR TO THIS AGREEMENT.
11. Limited Liability. Ruskin Consulting’ s total liability to the Client under this Agreement for damages, costs, and expenses shall not exceed the compensation received by Ruskin Consulting under this Agreement. We provide the Website without warranty of any kind. We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by American law.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site. If you are a business user, please note that in particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation. We will not be liable for any indirect or consequential loss or damage.We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.We do not guarantee that the Website will always be available or be uninterrupted and reserve the right to suspend access to the Website without notice.
NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE FOR THE OTHER’ S LOST PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN HAS BEEN ADVISED BY THE OTHER PARTY OF THE POSSIBILITY OF SUCH DAMAGES.
12. Notices. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: When delivered personally to the recipient’ s address as stated on this Agreement; or, Three days after being deposited in the United States mail, with postage prepaid to the recipient’ s address as stated on this Agreement; or, When sent by email to the last email address of the recipient known to the person giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first class mail, or the recipient delivers a written confirmation of receipt.
13.No Partnership. This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts on the other’ s behalf.
14. Refunds. All sales are final. There are no refunds or credits of any kind.
15. Intellectual Property Rights. We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing in these Terms operates to transfer, assign or grant any of those rights to you. You must not reproduce or use images, trademarks, or names displayed on the Website.Unless specifically prohibited by a notice published on any page, you may make a print copy of any parts of the Website that you require for your own personal use, provided that in doing so you do not remove or alter any trademark, copyright, or other proprietary notices contained in that part of the Website. Our status (and that of any identified contributors) as the authors of content on the Website must ALWAYS be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a license.
16. Force Majeure. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made disaster. Basically anything outside of our control, which causes the termination of an agreement or contract entered into. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
17. Applicable Law and Venue. The laws of the State of California shall govern this Agreement. The venue for any legal action to enforce the terms of this Agreement will be in Marin County, California and both parties expressly submit to the jurisdiction of the state and federal courts located in Marin County, California.