terms of service

Payment Policies: General:

PrimeSite can only extend credit terms to its established customers in good standing, therefore payment is due in full upon delivery for projects that do not require prepayment. Without established credit terms, all PrimeSite clients are designated "Due on Receipt". PrimeSite reserves the right to request a client be "Pre-Payment" status based on their past or reported payment history.

PrimeSite reserves the right to hold production on new work or orders when a client has not paid for previous services or products when the client is on a pre-payment or due on receipt status. PrimeSite reserves the right to change a client from due on receipt to pre-payment status depending on past payment history. PrimeSite reserves the right to remove or delete updates, additions or changes done by PrimeSite for a project that have not been paid for (published projects such as web sites). PrimeSite reserves the right to hold an install on any project (specifically web systems) onto a clients’ own hosting account or internal server until all funds for the system are received.

PrimeSite reserves the right to charge a project cancelation fee when the client opts to cancel the project at any given time during the stated production schedule. Project cancelation fees are 35% of the outstanding balance at the time of project cancelation.

Payment Policies: Credit Card Payments and Local Sales Taxes:

Customers paying with MasterCard, Visa or Discover, whether mail-order or in person, agree to the terms of the sale and to honor payment by the card for products and/or services rendered.

PrimeSite has a $35 returned check fee.

PrimeSite estimates, quotes or unit pricing typically do not include applicable shipping charges and/or sales tax, unless specifically addressed. Customers within the state of Texas must be charged 8.25% sales tax on taxable services or goods. If you have either a resale certificate or tax-exemption status, PrimeSite will require the appropriate documentation to comply.

Intellectual Property: License and Ownership:

PrimeSite is able to provide clients with low-cost website development and programming by using pre-configured scripts, functions and routines previously designed and developed by PrimeSite, or supplied by outside web development consultants. Because of this, clients are granted a "license" to each project in it’s contextual or completed state (for the life of the site business model), however, clients are not allowed to make copies or duplicates of the completed projects for other business models for resale or relicense by the client to others. Any content or data entered into client projects remain sole property of the client.

PrimeSite retains all rights and ownership of components (individual ideas, concepts and development strategies) proposed to any project in progress. Only when funds are billed and received for those components, is the formal "license" for those components valid. This license includes full use for the life of the final product and in the strict form in which is was proposed, implemented and included. Final product as a whole becomes licensed property of the client. No final product can be disassembled and used in any other format without the permission of PrimeSite. (Clients do not own a project until it is fully paid for, and are not allowed to sell or license an PrimeSite-developed product without permission from PrimeSite.)

PrimeSite is not responsible for copyright infringements on images sent to us for integration in any designed piece (on paper or web). PrimeSite also requires clients to seek licenses on images we might find that require licensing, to insure the licensing is associated with the proper licensee information.

Payment Policies: Design and Development Project Billing:

For large development projects, PrimeSite works on an "interim billing" basis. Those clients or accounts that have not established credit terms with PrimeSite are obligated to start a project with a deposit. To establish credit terms with PrimeSite, a client must simply follow the deposit schedule below for the first project.

  • Full Payment Up Front: jobs estimated at less than $1000 US.
  • 50/50 Payment: jobs estimated at between $1000 and $2000 US require half down, half PRIOR to deployment or live
  • Interim Billing: jobs estimated at more than $2000 US require one-quarter to one-third down, with pre-payment installments due at the completion of each contract period. Pre-payment for final contract periods may be collected PRIOR to deployment or live of the final product.
    For example: a $6000 project requires one-third down of $2000. When the development hours required for that down payment are exhausted, a further $2000 is due to cover the following development period. PrimeSite may elect to collect the final $2000 at project completion, or at the beginning of the final development period.

PrimeSite reserves the right to alter or modify this deposit schedule to suit any unique project or client.

Privacy: Email Service:

PrimeSite may, upon the request of the client, set up email addresses for clients. As a result, this means we have full access to your email messages and we do have access to the contents of your email boxes. We fully respect our clients’ privacy and will never browse your email messages at ANY time other than when a client requests our technical support with a corrupt or problem message in their email inbox.

Development Projects: Performance Guarantees:

PrimeSite makes every effort to test our projects before making them available to the public or distributable, but this requires a final approval from the client before we do so. We test all products on both MacOS and Windows-based operating systems and, in the case of web development, the most recent popular web browsers.

Client acceptance of any proposal (the approval to begin development) represents confidence that PrimeSite fully understood the criteria required for each project. Authorization to make public ("roll out") any of these projects, by a client or a or acting representative of the client (staff), represents acceptance of the work done. If any portion of a product does not function as proposed, as PrimeSite will make necessary adjustments to correct any functionality problems at no cost to the client, as we guarantee our work. PrimeSite reserves the right to impose a window of opportunity for this guarantee. It is also imperative that no "third-party" developer has had access to the PrimeSite product to guarantee performance.

In no way can PrimeSite state or imply any guarantees toward the "success" of a client’s internet business with any proposal presented, nor can PrimeSite accept responsibility for such successes. We merely develop the vehicle in which a client conducts business, based on what the client has requested. PrimeSite will (only if requested) make recommendations as to the best course of action for developing extra functions, features or elements of a project.

Because web browsing software is very often updated, PrimeSite will do our best to insure your product runs on the most recent version. PrimeSite cannot insure proper performance on any browser version earlier than two versions currently released. While we can correct issues in past versions, those corrections may be billable, at the discretion of PrimeSite.

Development Projects: Client Support:

When PrimeSite proposes and completes a web application or website for a client, included is time for training the client on the operation of that site. Many times, the employees responsible for maintaining those sites or systems are no longer with the client, or enough time has passed to where the client may need to be refreshed on proper maintnenance techniques.

While PrimeSite is happy to offer continued support for the operation of our projects and systems, retraining on the operation is billable, be it a full session, or phone support on any aspect of the maintenance operation. If you are a client that has a need to retrain a new employee or get a refresher in the operation of your system, please contact PrimeSite to schedule a session any time between 9am and 4pm Monday thru Friday. We will retrain up to 4 employees for the same session cost of only $45 per hour.

PrimeSite reserves the right to bill for any phone or email support relating to the client’s maintenance of their site system, especially when initial training was included with the original proposal.

Products: PrimeSite Web Hosting Account Guarantees:

Responsibility for our web hosting (i.e. integrity of the service at any given time) is susceptible to certain system conditions. As a general rule, all web servers - like any computing device - will need to be restarted. All servers and their components are prone to failure and component replacement. System outtages - those within the world-wide network of devices and connections beyond the scope of PrimeSite Web Hosting accounts and beyond our control can also affect connectability. These factors must be taken into consideration when offering or accepting a web hosting account with any web hosting service.

Should a system-wide outtage require more time than the typical 5 minutes to restart, or 30 minutes to replace a component time, PrimeSite will attempt to inform by way of email or post within our website the status of any resolution.

PrimeSite does not provide "mission critical" hosting, nor does PrimeSite provide secure hosting (of the Federal guideline kind) on a regular basis. Such needs will be addressed per instance, and in most cases PrimeSite will suggest a third-party resource for hosting to provide this level of support to the client.

Hosting fees are paid immediately to the host up front, as collected by PrimeSite, therefore, hosting fees are non-refundable.

Terms of Service: Indemnity:

PrimeSite provides a range of electronic and other services. Internet Services provided by PrimeSite, hereafter referred to as the Site, are provided under the following Terms of Service agreement. PrimeSite offers a number of Internet-related services.
It is contrary to our policy for any user of any of these services to take part in any of the following activities through an PrimeSite provided service:

  • To send unsolicited mass emailings to more than five (5) email users, causing such unsolicited emailings to provoke complaints from any of the recipients
  • To engage in any of the foregoing activities using the service of another provider, but channeling such activities through an PrimeSite account or with a PrimeSite account as a maildrop for responses

PrimeSite considers the above practices to constitute abuse of its service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by PrimeSite’s terms and conditions of service. Engaging in any of these practices will result in termination of the offender’s account and/or access to PrimeSite services.

In addition, PrimeSite reserves the right, where feasible, to implement technical mechanisms which block multiple messages as described above before they are forwarded.

This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, PrimeSite’s terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and PrimeSite will respond as appropriate to these other activities as well.

Nothing contained in this policy shall be construed to limit PrimeSite’s actions or remedies in any way with respect to any of the foregoing activities, and PrimeSite reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from use of PrimeSite services.

In addition, PrimeSite reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

By use of the Site, you agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below.

Site Guidelines:

PrimeSite is not responsible for the content of any homepage, and the views expressed are the responsibility of the User and not PrimeSite

Indemnity:

User agrees to indemnify PrimeSite and any third-party information providers against any and all claims and expenses, including attorneys’ fees, arising from the User’s use of the Site. This expressly includes: (i) User’s responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and (ii) any libelous or unlawful material contained within User’s Web Page or other portion of the Site.

Termination of Service:

PrimeSite may terminate any and all information, communications, Postings, or Web Pages at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by PrimeSite elsewhere on the Site. PrimeSite may terminate and delete any and all information, communications, Postings, or Web Pages for online conduct that PrimeSite believes is harmful to other Users, the business of PrimeSite, or other third-party information providers.