Terms & Conditions

TOP NOTCH COMPUTER SUPPORT, LLC., a Colorado limited liability company, hereinafter sometimes referred to as “Contractor”.

The content of the pages of this website is for your general information and use only. The terms & conditions are subject to change without notice. Neither Top Notch Computer Support nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and Top Notch Computer Support expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which Top Notch Computer Support shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or maybe a criminal offense.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Top Notch Computer Support endorses the website(s). We have no responsibility for the content of the linked website(s).

General Usage
As a courtesy, Top Notch Computer Support includes design files with each Custom WordPress Theme – making it easier to meet the needs of your personal site. WordPress Themes maybe modified with this usage in mind.

Guarantee
Top Notch Computer Support does not guarantee that WordPress, themes and plugins will function correctly upon installation, activation and options configured within the latest WordPress platform. Top Notch Computer Support cannot and do not guarantee compatibility with 3rd party plugins. If for some reason the theme is not working properly after installing a 3rd party plugin or code alteration, report the issue to our support team, and Top Notch Computer Support will do our best to resolve the problem in a timely manner. Additional charges may apply to resolve the issue.

Subscription
Top Notch Computer Support offers a support subscription fee for ongoing support, updates, maintenance. Contact us to discuss if a support package is a wise investment for you.

Support
Support is provided for any work performed by Top Notch Computer Support at the standard hourly rate. Support includes the rectifying of issues arising from theme features, bug fixes and basic usage questions. Top Notch Computer Support does not provide support for the issues arising from the use of third party plugins issues occurring in any versions of Internet Explorer.

Note: Support calls are offered Monday through Friday, 8:00AM to 5:00PM MST. Support requests are answered in order received.

Refunds
Top Notch Computer Support do not offer refunds. All sales are final. Top Notch Computer Support will be happy to answer questions regarding our services in detail before your purchase to ensure it meets your requirements. Thank you for your understanding.

Licensing
The CSS, XHTML, PHP, design and any other elements of custom Top Notch Computer Support WordPress themes are released under the GPL license. They and are in total compliance to standards of that license as well as with WordPress. Our custom theme is not compatible with the wordpress.com blogging community. They are developed for individual installations of the WordPress platform.

Theme Compatibility
Top Notch Computer Support cannot guarantee that any custom themes, third party themes and third party plugins will work properly on new and older installations of WordPress. Top Notch Computer Support cannot guarantee the compatibility of all third party themes and all third party plugins and software will work. If a conflict does arise, Top Notch Computer Support will do our best resolve the issue and additional charges may apply.

Search Engine Optimization(SEO) Services

  1. For the purposes of receiving professional SEO services, Client agrees to provide the following:
  • Administrative/backend access to the website for analysis of content and structure.
  • Permission to make changes for the purpose of optimization, and to communicate directly with any third parties, e.g., your web designer, if necessary.
  • Client authorizes Top Notch Computer Support use of all Client logos, trademarks, web site images, etc., for use in creating informational pages and any other uses as deemed necessary by Top Notch Computer Support for search engine positioning and optimization.
  • If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. Top Notch Computer Support can create site content at additional cost to the Client. If the Client is interested in purchasing content from Top Notch Computer Support, please contact Top Notch Computer Support for a cost estimate.
  1. Client must acknowledge the following with respect to SEO services:
  • All SEO fees are non-refundable.
  • All SEO fees, services, documents, recommendations, and reports are confidential.
  • Top Notch Computer Support has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
  • Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Top Notch Computer Support does not guarantee #1 positions or consistent top 10 positions for any keyword, phrase, or search term.
  • Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than 6 months. This is referred to as the “Google Sandbox”. Top Notch Computer Support assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
  • Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO.
  • Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees.
  • Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. Top Notch Computer Support does not assume liability for the Client’s choice to link to or obtain a link from any website without prior consultation.
  1. Top Notch Computer Support is not responsible for changes made to the web site by other parties that adversely affect the search engine rankings of the Client’s web site.
  2. Additional Services not listed herein (such as managing pay-per click campaigns, copywriting, link baiting, etc.) will be provided for a fee of $90.00 USD per hour.
  3. Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Top Notch Computer Support for inclusion on the website above are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Top Notch Computer Support and its subcontractors from any liability or suit arising from the use of such elements.
  4. Top Notch Computer Support is not responsible for the Client overwriting SEO work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content, based on the hourly rate of $90.00 USD per hour. Notwithstanding any other provision of this Agreement, Top Notch Computer Support obligation to provide free SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided. For example, if the client’s webmaster uploads content without consulting Top Notch Computer Support, then Top Notch Computer Support obligation to provide SEO services shall terminate.

WEBSITES
Web Development Payment Obligations, Renewals, and Cancellations
1. Website Development Payment Obligations: A down payment or full payment is required in order to begin development of your website. If a down payment is made, then 50% of the upfront design fee, plus subscription(s) needed to perform the development, unless an alternative contract schedule or proposal specifies a different amount. The outstanding balance on your website is due 30-days after the initial down payment. Please note: Final payment is due 30-days after the project begins, regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that Top Notch Computer Support gets paid for performing their duty under the proposal, despite tardy content from the client. After payment, Top Notch Computer Support will still post outstanding content AT NO CHARGE for 3 months. In the event an “under construction” page is posted due to missing content, Top Notch Computer Support will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date. After the three months have expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.

2. Website Development Cancellation:If site design and development work has already begun (such as creating a design concept), then the down payment or full payment is non-refundable. Top Notch Computer Support my elect at its sole discretion to offer a partial refund depending upon the circumstances.

3. Stock Photography Payment Obligations: Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of client for use in website development is billable by that 3rd party. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive, in which case Top Notch Computer Support will solicit client approval and communicate the price before purchasing.

4. Description of Ongoing Costs:There are 3 types of ongoing costs: domain registration, hosting and 3rd party plugins. The client is responsible for these charges.

5. Sites Hosted by 3rd Parties: Should client decide to host their site on another server, Top Notch Computer Support cannot guarantee the all elements of the site will work. Top Notch Computer Support will make a reasonable effort to research the problem on the foreign platform to let the client know what Top Notch Computer Support think the problem is. However, Top Notch Computer Support cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Top Notch Computer Support believes it will take a significant amount of time to fix the problem, Top Notch Computer Support will advise the client before proceeding. In most cases, fixing problems on a 3rd Party hosting server is billable.

7. Website Maintenance:  Any work Top Notch Computer Support does on the site after going live, Top Notch Computer Support charges on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.

8. Website Maintenance Payment Obligations: Depending upon the nature of the website changes, prepayment may be required. Should the client be invoiced after the changes are completed, the invoice is due upon receipt. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $35 reposting fee added to the outstanding maintenance invoice balance.

9. Customer’s Responsibilities: Customer will be responsible for the following:

  1. To provide all website content;
  2. To provide all website key words;
  3. To provide all website advertisements and photos;
  4. To provide all outbound URL’s to accredited sites;
  5. To provide all outbound URL’s to any social media or review-type accounts;
  6. To provide all video URL’s to be embedded;
  7. To provide pertinent information with respect to the website’s font and design;
  8. To provide information with respect to the menu navigation tabs;
  9. To provide information with respect to fields for the display of information, photos and videos;
  10. To provide graphic design and logo design work;
  11. To research and resolve all copyright, trademark and trade name issues;
  12. To pay the cost for the purchase of website hosting fees;
  13. To pay the cost for the purchase of domain names, plug-ins, hosting, backups, pictures, virus scan, security software and renewals;
  14. To pay the cost for the purchase of additional email accounts;
  15. To pay the cost for the purchase of WordPress themes, plug-ins and any custom coding support;
  16. To pay the cost for the purchase of any additional software, hardware or installation services required to facilitate the functioning of the website.
  17. To be available to the Contractor to provide necessary input and information as needed by the Contractor during the progress of the project;
  18. To provide FTP Control Panel (C Panel) access;
  19. To provide domain account access;
  20. To provide CMS login (WordPress) or any other login information necessary to access existing web page copy, photos, videos or other media types;
  21. To provide and organize all product information in a DOT CSV format for easily transmittable and uploading of data into back end data base;
  22. To provide photos uploaded to a Cloud data storage folder environment, emailed or downloaded for easy file retrieval;
  23. To provide all website content to Contractor by email, remote backup, Cloud data storage, thumb drive or FTP environment;
  24. To provide and pay for website backup and virus scan or malware software;
  25. To provide and pay for any software needed to provide access to and connection with other websites.
  26. To provide information on contact form.

Limitation, Liability and Disclaimer for websites:

1Under no circumstances shall the Contractor be responsible for any failure or malfunction of, but not limited to the website as a result of any of the following:

2. Any failure or malfunction of the website or computer equipment caused by anything not related to the services provided by Contractor.
3. Any failure or malfunction caused or contributed to by the failure of the Customer to provide any of Customer’s responsibilities.
4. Any failure or malfunction caused by Customer’s failure to provide payment to any provider of services necessary to the website, computer equipment or repair operation.
5. Any failure or malfunction caused by any software failure not related to services provided by Contractor by hacking or virus infection.
6. Any failure or malfunction caused by a failure of any hardware or physical equipment or software utilized by the Customer.
7. Any failure or malfunction of the website or computer equipment caused by a failure of the customer to follow instructions in the operation of the system given to the Customer by the Contractor.

IN NO EVENT AND UNDER NO CIRCUMSTANCES WHATSOEVER, EVEN UPON A FINDING OF NEGLIGENCE ON THE PART OF THE CONTRACTOR, SHALL ANY LIABILITY OF THE CONTRACTOR EXCEED THE REASONABLE COSTS FOR THE REPAIR OF A FAILURE OR MALFUNCTION OF THE WEBSITE OR  COMPUTER  EQUIPMENT CAUSED BY AN ACT OR OMISSION OF CONTRACTOR.  THE CONTRACTOR SPECIFICALLY SHALL NOT BE HELD LIABLE UNDER ANY THEORY OF LAW OR EQUITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO THE LOSS OF BUSINESS, WEB PAGE ERRORS, BROKEN OR MISCONFIGURED LINKS, LOSS OF PROFIT, LOSS OF CLIENTS, LOSS OF PAGE PLACEMENT, LOSS OF GOODWILL, LOSS OF SEARCH ENGINE RANKING OR KEY WORDS AND BACK LINKS, LOSS OF PASSWORDS AND USER NAMES, LOSS OF DATA, LOSS OF CONTENT, LOSS OF DATA BASE, INCLUDING ANY DAMAGES OR OUT-OF-POCKET EXPENSES RELATING THERETO.  ANY AND ALL WARRANTIES OF THE WEBSITE OR  COMPUTER  EQUIPMENT OR WEBSITE FUNCTIONING, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY, ARE HEREBY EXPRESSLY DISCLAIMED.

During the development of the website but prior to it being rendered live to the general public, the information on the website, while it is under construction, may be accessible by members of the public using an appropriate IP or website address.  The Contractor has no control of such access and in no respect shall the Contractor be held liable or responsible for any public access to such information.

Top Notch Computer Support shall not be responsible or held liable for researching any rights of the Customer or any third party with respect to any of the materials used on the website in connection with copy right, trade name, trademark or intellectual property rights. Top Notch Computer Support is not liable or responsible for the backup of Customer’s website, data, configuration, content and data bases. Top Notch Computer Support is not responsible to repair or remedy Customer’s website in the event of hacking, virus infection, or data corruption. Our standard hourly rate may be billable to fix any such issues.

Development Process

1. Homepage Design– Once the site design is approved by the client, usually via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.

2. Navigation– Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once Top Notch Computer Support builds this structure per client approval, any subsequent changes are billable at our standard hourly rate.

3. Content– Provision of content is customer’s responsibility, unless specifically negotiated ahead of time as part of the project proposal.

Text content– Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.
Copy development – Should client wish Top Notch Computer Support to develop content for the site, website copy is billable at our regular hourly rate listed on the Home page. Development of copy is accomplished via Top Notch Computer Support Web Development interviewing the client about the topic areas to be addressed on their web pages. Top Notch Computer Support then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.
Graphical content– Images outside of the website design must be provided in digital form, (emailed) or in a form that can be easily scanned, unless otherwise provided for in customer’s contract. Subsequent revisions will be billable at our regular hourly rate.

4. Database Implementation– Entry of data for database applications is considered client’s responsibility. Entry of data by Top Notch Computer Support is billable, unless otherwise provided for in customer’s contract.

5. Email– Email is not hosted by Top Notch Computer Support.

6. Training– For websites with administrative control panels or content management systems, one-hour training sessions may be provided.

7. Technical Support –We offer local and long-distance phone support to our clients. We do normally bill for technical support depending on the source of the problem, its severity, and our time invested. If Top Notch Computer Support is not the source of the problem, technical support may be billable.

8. Up to ten pages are allowed for the website build. If more pages are required, then additional costs may apply for additional pages, unless an agreement is made to allow for more pages in the original agreement. Posts or sometimes know as blog pages are not pages and are not included in the 10 pages. If importing posts or blog pages fails to import from an another website build to the new website build, then additional charges may apply to rebuild the posts or blog pages.

Training and Tutorials

Because customer service is in integral part of our business strategy, all of our projects may include a one-time complimentary one hour training session in order for our clients to better make use of their new web technology. Additional training hours can be purchased at our standard hourly rate.

Domain Transfers and DNS Management

Top Notch Computer Support may assist in the moving of the domain from one registrar to another registrar. Top Notch Computer Support is not responsible or head liable for the deletion of the dns records, a registrar may delete from moving the domain to another registrar.

Websites with Proprietary Source Code

Should client contract with Top Notch Computer Support to write custom code for a website application, this code is not transferable to a new developer or host. Custom written source code is considered the property of Top Notch Computer Support Web Development and cannot be shared with other developers. Clients are granted a license to use custom software code while on Top Notch Computer Support servers only. Top Notch Computer Support Web Development retains ownership of the code.

In some cases, Top Notch Computer Support will install software for the client’s use that has been built by a third party. Examples include WordPress blog software, editor software, shopping carts, photo galleries, etc. In these instances, clients will be subject to the terms and conditions of the third party who owns the software, and may use the software as a licensee only. No ownership rights of any kind are transferred to the client.

Access to or transfer of proprietary source code could result in a security risk to Top Notch Computer Support and its clients who are running similar pieces of code. In order to provide custom software development services, clients give us access to private and/or sensitive information, trade secrets, proprietary pricing and business methods. If clients believed that Top Notch Computer Support may be sharing this information with outside developers, they could lose faith that Top Notch Computer Support are protecting their proprietary information. Therefore, neither access nor transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted. Should client want us to build software to run on another server, it must be disclosed upfront and specifically contracted for.

Website components that ARE transferable to another host include html code, graphics, logos, pictures, navigation, text, and the data residing within a database (but not the code). Hourly fees will apply for any special work that needs to be done to transfer those parts of website that do not violate the other paragraphs in this section.

Non-Domain-Based Troubleshooting

Top Notch Computer Support maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. Top Notch Computer Support does NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email accounts, your home or office internet connections, or any other non-domain-based issues outside Top Notch Computer Support’s realm of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.

All prices and hours are subject to change without notice. Please note there is a Minimum of 1 hour billed on all on-site and remote/phone support calls for any and all new, recurring and reoccurring IT, Website and SEO issues.