Terms & Agreement
The purpose of these terms and conditions is to ensure a full understanding of procedures and policies utilized by Barletta Solutions.
Support
1.1 General Support
Hosting support, update plan requests, and questions can be submitted to a technician via email at bradley.barletta@barlettasolutions.com . If support charges are required Barletta Solutions will notify the client and obtain approval prior to completing the support request. Note that program times vary per participant. Please refer to your contract for your organization’s current agreement.
Barletta Solutions cannot provide any type of support or services for issues outside of our control or located on client computers, mobile devices, third party servers, etc.
1.2 Emergency & After Hours Support
Emergency & after hours support is available free of charge for Barletta Solutions equipment failures. All other emergency or after hours support requests will be billed at triple the going rate [see 14]. Emergency or after hours support requests can be made via email at bradley.barletta@barlettasolutions.com.
1.3 Phone/Zoom Calls
Phone/Zoom calls will be billed unless specifically noted otherwise in an contract and/or ticket. Phone/Zoom calls will be billed in 15-minute increments. At no time will Barletta Solutions accept instructions concerning your project or tasks via phone or unrecorded Zoom sessions. Please note that phone/Zoom calls will include the time it takes to schedule the call, documentation of conversation in the ticket, follow-up via email, and if applicable compiling and sending of recorded Zoom calls.
Example: A 1 hour call typically takes 1.5-2 hours for scheduling, documentation, and email follow up
1.4 Last Minute Appointment Cancellations & Appointment No-Shows
Appointments must be canceled or rescheduled at least 2 hours in advance (although we’d appreciate 24 hours’ notice if possible). If the client is a no-show or has failed to send a cancellation notice at least 2 hours in advance, you will be billed for 15 minutes (either against your update plan or billed at the going rate [see 14]). Rescheduling the appointment is the responsibility of the client.
Ticket Communication & Follow-Up
All instructions must be documented, in writing, through bradley.barletta@barlettasolutions.com. Accordingly, phone calls (including the time needed to document the phone call) will be charged against your service contract and may generate additional billings if contract time has been exhausted. At no time will instructions be accepted without written approval.
Barletta Solutions expects clients to follow-up within 1 week. However, we understand that is not always possible. Because of this, an average amount of follow up time is built into Barletta Solutions contracts/projects. However, follow ups may incur additional costs at the discretion of Barletta Solutions.
Development Sites
If your project requires a development site and a live hosted site at the same time (such as the case with a website redesign), you have 60 days after the dev site has been delivered to approve the project and go-live. After 60 days, if approval to go live with the project has not been made, and no reasonable effort or progress on the project is underway, one of the following actions will take place:
3.1 Current Barletta Solutions Client (Or Website)
After the initial 60 days, Barletta Solutions will charge yearly for hosting the development site. If no reasonable progress or effort on the part of the client has been made to move the project forward, the project will be closed. Any additional work to be completed on the development site (including migrating the site to a live server) will be billed hourly.
3.2 New Barletta Solutions Client (Or Website)
As long as the client has paid their bill, the development site can sit for as long as needed to finish the site. Client should note that annual hosting will be charged hereafter, whether the site is live or on a development server. If no reasonable progress or effort on the part of the client has been made to move the project forward, the project will be closed after 60 days. Any additional work to be completed on the development site (including migrating the site to a live server) will be billed hourly.
Hosting
Barletta Solutions reserves the right to discontinue and terminate your hosting service, without compensation, if your web site is involved in any of the following: pornographic sites, copyright violations, illegal activity, spam, or any other activity deemed unacceptable by Barletta Solutions.
Backups of any kind are not guaranteed for fitness of use
4.1 Shared Hosting
Due to the nature of shared hosting and the ability for a site to adversely affect other sites on the shared server, Barletta Solutions reserves the right, at any time, to take action to prevent disruption of the shared server health. Action(s) may include suspension, site modification, blocking of access, and more.
4.2 Dedicated Server Hosting
Dedicated servers are monitored for uptime and Barletta Solutions reacts to and corrects any hardware or service-related issues. In some instances, a dedicated server may become “overloaded”. This condition may happen because the client has increased traffic and the server is no longer adequate to support said traffic. In this case, the client will be notified, one time, that the server needs to be upgraded in order for Barletta Solutions to continue to support the server. In the event the client does not respond, the server will be removed from Barletta Solutions monitors and the client will be responsible for failures, downtime, etc. Should the server be removed from Barletta Solutions monitoring, requests for support concerning the server will be billed at the going rate.
4.3.1 Barletta Solutions No Hack Guarantee
If a virus, malware, or injection of malicious code has been detected because of Barletta Solutions lack of protection, or if the site has issues because of updates and patches performed by Barletta Solutions, Barletta Solutions fixes it free of charge! You owe nothing to have it fixed.
If a managed hosting client updates the site or installs or removes plugins that cause issues, it may incur additional charges or the hosting account being lowered to basic hosting with no maintenance plan or guarantees.
4.3.2 Barletta Solutions Administrative Access to Your Website.
Barletta Solutions requires administrative permissions to the website in order to perform maintenance and review security. Hindering access to the website, by the client, will result in the account being lowered to basic hosting with no maintenance plan or guarantees. No refunds will be issued for the remaining hosting term, however, future hosting terms will be billed at the basic hosting rate.
Licenses
Unless specifically outlined in a hosting plan, contract, and/or ticket, any software, plugin, product licenses needed will be provided by the client. Maintaining license renewals is the sole responsibility of the client. Barletta Solutions is under no obligation to purchase or maintain licenses needed. Barletta Solutions will not utilize software, plugins, or products requiring a license without approval from the client.
Barletta Solutions Website Update Plans
6.1 Accrued Time
All Barletta Solutions website update plans will accrue monthly (unused time will roll to the next month). Time will be added on the 1st of the month. Time may be accrued up to the maximum amount agreed upon in each Customized Website Update Plan.
6.2 Time Overages
Any amount of time used over the accrued balance will be billed hourly at the going rate [see 14].
Example: A website update plan with 1 hour available makes a request for 3 hours worth of work. 2 hours will be billed.
6.3 Website Update Plant Time Usage
The website update plan available time may be used however the client wishes. Particular requests (programming, emergency requests, etc) may result in the use of time at a multiple rate (double, triple, etc). Updates and/or responses to update requests are typically completed within 1-2 business days; however, Barletta Solutions is allotted up to 5 business days to complete a request. Any requests for updates taking longer than 2 hours will need to be quoted and may take longer than 5 business days to be completed.
6.4 Website Update Plan Termination
Website update plans may be canceled at any time after 90 days by making a request at bradley.barletta@barlettasolutions.com, prior to the 15th of each month. Cancellation of the plan will automatically forfeit any remaining amounts in your account. Any unused accrued update plan time will not be refunded.
Law Compliance Advice
Barletta Solutions may provide advice on local, state, and national laws if requested by the client. This requested advice will be billed. Barletta Solutions will not be held liable for any such advice. Barletta Solutions suggests consulting with an attorney for a full understanding of local, state, or national laws for website/email practices. Client is responsible for any and all compliance requirements unless specifically indicated otherwise in a ticket and/or contract by Barletta Solutions.
Copyright
All images, copy, logos, designs, etc. are property of Barletta Solutions until payment for the items are received. Any use of Barletta Solutions property without consent of Barletta Solutions will result in a cease-and-desist letter followed by applicable legal proceedings [see 14].
Content
All content, including images, logos, and copy, are to be provided by the client in an approved format (list below) unless specifically outlined in the ticket and/or contract. All assets and content must be provided to Barletta Solutions via email at bradley.barletta@barlettasolutions.com. Barletta Solutions may utilize free stock photography and/or “lorem ipsum” placeholder text if no content is provided by the client.
9.1 Approved Content Formats
Images – JPEG, JPG, PNG, AI, PSD, SVG, PDF, TIFF, GIF
Video – MP4, WMV, MOV, FLV, AVI
Copy – DOC, DOCX, TXT, ODT, PDF (must not be an image)
Audio – MP3, WAV, WMA
Fonts – TTF, Google
Colors – Hex, Rgb
Custom Icons – Solid Color SVG in a 1:1 ratio dimension file
Secure Information
All information containing passwords, secure information, etc. must be sent via email to bradley.barletta@barlettasolutions. A developer will be in contact, to specify what information is required. Barletta Solutions will not be held responsible for sensitive information sent to Barletta Solutions via Barletta Solutions email.
Domains
11.1 Barletta Solutions Domain Management
Domain management pricing subject to change. Pricing may increase without notice. Please note that Barletta Solutions does not profit from domain sales (we provide this service as a courtesy).
Domain record change requests must be made via ticket request at bradley.barletta@barlettasolutions.com. Provide Barletta Solutions with the specific information needed to make the change. Frequent or complicated domain requests may result in consulting fees.
Payment Terms
Unless specifically outlined in a contract and/or ticket, Barletta Solutions payment terms are as follows: Payment is due upon receipt. Payments are considered late after 15 days and may result in website suspension, late fees, reactivation fees, and ultimately account termination.
If payment is not received within 30 days, your web services and site will be deactivated. If your site/services are deactivated, a reactivation fee will be assessed upon activation. This renewal/agreement will be valid, binding and payable from year to year unless written notice is provided by either party within 90 days of renewal date. Any outstanding invoice exceeding 60 days can result in the termination of your website, and the loss of your domain name.
Client Contact Information
It is the responsibility of the client to notify Barletta Solutions of any changes in contact information. Barletta Solutions technicians will only provide support to contacts we have on file. Failure to update contact information may result in delays in support, loss of data, account termination, loss of domain names, and more.
Piece Work Going Rate
Due to the varied nature of requests and work, bill rates vary based on the skill level of the technician required to complete the task. If you would like to know the current bill rate, please contact us and ask prior to approving work to be done on your project. Piece work is billed in 15-minute increments.
Refund Policy
All sales are final.
Right to Terminate Service
Barletta Solutions reserves the right to terminate service at any time and for any reason. In the event we terminate service, and your account is paid and in good standing, your domain name will be released to you and any monies not allocated to your contract period will be refunded. Barletta Solutions does not assume any liability for the management or assignment of your passwords, web content, backups or any internet related issues regardless of whether said issues were caused by you, Barletta Solutions or a Barletta Solutions third party contractor.
Barletta Solutions Terms & Conditions Summary
The terms and conditions outlined are subject to change.
Any dispute that arises that concerns these terms & conditions shall be construed for all purposes in accordance with the substantive law of the Commonwealth of Pennsylvania without regard to its conflict of laws principles that would result in the application of the laws of any other jurisdiction. In the event of a dispute the proper venue shall lie solely in the state and/or federal courts located in Luzerne County, Pennsylvania.