Terms and Conditions

Please read these Terms and Conditions carefully, as they set out our and your rights and obligations in relation to our products and services. Any participation in this site constitutes acceptance of this agreement. If you do not agree to abide by these terms and conditions, please do not use this site.

  1. Definitions
    1. For purposes of this agreement, the following terminology will be used.
    2. “This Site”, “We”, “Us”, “Our”, “Me”, “My”, or “I”: refers to the owners and operators of Matthew Gove Web Development, LLC.
    3. “The Client”, “You”, or “Your”: refers to the client or customer.
  2. Accuracy of Information Disclaimer
    1. This site and its components are offered for informational purposes only. This site shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via this site, and shall not be responsible or liable for any error or omissions in that information.
  3. Liability of Use Disclaimer
    1. This site is not responisble for any issues or problems arising from the use of this site or the advice or information provided by this site.
  4. Advertisements and Endorsements
    1. This site does not endorse or receive compensation for any third party products.
  5. Data and Privacy
    1. We take our clients’ privacy very seriously. Your information is never shared with any third party, and all information is collected and used in accordance with our Privacy Policy.
  6. Scheduling and Availability
    1. Our normal work schedule is Monday to Friday from 8:00 AM to 5:00 PM Mountain Standard Time (MST). Please note that the State of Arizona does not observe daylight savings and operates on the equivalent of Pacific Daylight Time while daylight savings is in effect.
    2. We can be reached by phone during our normal work hours, listed above. Voicemail is available 24 hours a day, 7 days a week, but is only checked during normal work hours.
    3. We can be reached by email 24 hours a day, 7 days a week. If you email us outside of normal work hours, please be willing to wait up to 36 hours for a response, though we generally respond by Noon MST the following day.
    4. We are available by appointment outside of our normal work hours.
  7. Payment Obligations
    1. All projects are quoted on a per-project/fixed rate, hourly rate, or as a recurring monthly fee. Additional services can be charged either at a fixed rate or at an hourly rate.
    2. All transactions are in United States Dollars, unless your contract states otherwise.
    3. All electronic transactions are made through PCI-compliant payment processors.
    4. For fixed-rate projects, a down payment is required in order to begin work on your project. The down payment is equal to 50% of the quoted price, unles your contract specifies a different amount.
    5. For fixed rate projects, the remainder of the balance is due once the project has been approved and completed. The final payment is due regardless of whether all content has been sent by the client.
  8. Non-Payment Penalties
    1. All late payments are subject to a 1.5% per month late fee.
    2. An interim charge cap of $10,000 is in effect for all work performed at an hourly rate. When your bill for hourly work exceeds $10,000, you will be required to make a payment to bring it under, or face a suspension of your work. This clause does not apply to work performed on a per project/fixed rate basis or work being charged as a recurring fixed monthly fee.
    3. All work on projects whose fixed monthly fees are more than 1 month late will be automatically suspended.
    4. Contracts and licenses for projects and items whose fixed monthly fees are more than 3 months late will be automatically terminated.
  9. Cancellation and Refund Policy
    1. All projects come with a 30-day 100% money back guarantee. For fixed-rate/per project and fixed monthly fee projects, that 30-day period starts when the client makes the payment being refunded. For hourly projects, that 30-day period starts when we work our first hour of that pay period.
    2. After that 30-day period, all payments are non-refundable.
    3. In the event of a refund of a product licensed from us, including photos, those licenses will be immediately terminated upon issuance of the refund.
    4. After a refund is issued for any physical or digital items owned by Matthew Gove Web Development, LLC, its owners, or its subsidies, those items must be immediately returned to us. The client may choose to delete and destroy digital items instead of returning them. Failure to return those items constitutes copyright infringement and may result in legal action being taken.
    5. We may elect at our sole discretion to extend that 30-day window depending on the circumstances.
  10. Content
    1. The client may choose to provide us with written content for their project or use our writing services.
    2. All written content shall be delivered digitally and should be carefully proof-read by the client. Our writing services come with a set number of revisions free of charge. Subsequent revisions will be charged at our hourly rate.
    3. Development of copy is accomplished by us interviewing the client about the topic areas to be addressed in their project. We then compose the appropriate copy, submit it to the client for review, edit, and approval. The approved copy is then posted to their project.
    4. Images provided by the client must be in digital form or in a form that can be easily scanned, unless otherwise stated in their contract.
  11. Use of Third Party Software
    1. These Terms and Conditions apply solely to this website and the services provided by it, and do not apply to your use of third party software. Please consult the third party’s terms and conditions before using their products and services.
  12. Troubleshooting
    1. Basic troubleshooting and bug removal for content we create is provided free of charge. If a third party alters any of our code or content, the client may be charged for troubleshooting at our hourly rate.
    2. We do not assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email, your home or office internet connections, or any other issues outside of our realm of service. Troubleshooting services outside of our product catalog will be billable at our hourly rate.
  13. Photos and Photography
    1. Ownership of photos taken during a client’s photo shoot will be transferred to the client upon receipt of the final payment.
    2. Licensed photos with royalties are billed at a minimum rate of $100 per photo.
    3. External stock photos will be billed at a minimum rate of $25 per photo. External stock photos costing more than $75 require approval of the client before purchasing.
  14. Additional Services
    1. Each product comes with a set number of revisions that can be made to your project free of charge after a contract is signed. Additional revisions will be billed at our hourly rate. These revisions cover content only, not functionality.
    2. Additional features or functionality can be added for a quoted monthly or fixed price.
  15. Special Equipment Charges
    1. The client will be responsible for providing any special equipment (either the cost of the equipment or the equipment itself) that is specific to their project.
  16. Travel Times and Expenses
    1. We occasionally travel to in-person meetings or photo shoots with clients. In such an event, the following provisions are in effect.
    2. Travel will be charged at the United States Government’s Privately Owned Vehicle Mileage Reimbursement Rates.
    3. We reserve the right to charge the costs of meals, hotels and/or air travel to the client at the United States Government’s current per diem rates.
    4. We may elect at our sole discretion to waive travel fees.
  17. Intellectual Property Rights and Ownership of Work
    1. The client maintains ownership and copyright of all logos, images, slogans, text, and all other content provided to us during the development and creation process.
    2. Ownership of content created by this site’s services will be transferred to the client once development is complete and payment has been received.
    3. This site will retain ownership of all individual code blocks created by this site’s services, but not the images, text, and other content such outputs. These code blocks may be reused in other projects.
    4. There will be no transfer of ownership in the event a third party software such as WordPress is used. You will be a licensee of the software and will be bound by their terms and conditions.
  18. Delivering Goods
    1. We deliver your final product electronically, following receipt of your final payment, and according to the terms of your contract. While we generally deliver goods within 24 hours of receiving your final payment, please allow up to 72 hours for delivery.
    2. If your project is not finished by 11:59 PM MST on the deadline specified in your contract as a direct result of something outside of your control, you will receive a refund of 2% of the quoted price of the project for every week the project is late. A project is considered finished when the final invoice is sent. This clause only applies to projects charged on a fixed-rate/per project basis.
  19. Unforseen or Sudden Termination of a Project (Force Majeure Clause)
    1. In the event that something beyond the control of both this website and the client occurs, so that it is impossible to continue the project, one of the following will occur. Such events include, but are not limited to natural disasters, major illnesses or accidents, acts of war, or civil unrest.
    2. The contract is extended until such a stime that the project is able to resume and be completed.
    3. All project material complete up to this point is turned over to the client and the client is billed only for the work completed up to that point. In the event this clause is exercised, ownership of the material will be transferred to the client and the contract will be terminated when the payment is received. Everything specified in Section 17 (Intellectual Property and Ownership of Work) of this agreement remains in effect.
  20. Governing Law: Resolving Issues
    1. These Terms and Conditions are governed by and construed in accordance with the laws of the State of Arizona, USA. You agree to resolve any dispute you have with us in state or federal courts located in Maricopa County, Arizona.
  21. Changes to This Agreement
    1. We reserve the right to change these Terms and Conditions at any time. We will notify you of significant changes to these Terms and Conditions by sending an email to the email address you submitted and by placing a prominent notice on the home page of this website. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check these Terms and Conditions or updates.
  22. The French Version of these Terms and Conditions
    1. If there are any discrepancies between the French and English versions of these Terms and Conditions, the English version shall prevail.

Last Updated: 3 June, 2024