Terms & Conditions
The following terms and conditions apply to all services provided by Plug Digital Inc. to the Client.
Last updated: 21 April 2021
1. Definitions and Interpretation
The definitions set below have for the purpose of these terms and conditions following meaning:
Client – means an individual conducting business or legal entity entering into agreement with the Company who accepts a quotation, estimate, proposal or offer of the company services, or whose order for services is accepted by the company.
Company – means the company Plug Digital Inc. a Michigan corporation, having a principal place of business at 24625 Halsted Rd, Farmington Hills Michigan 48335.
Service – means the specific services to be provided to the client as set out in the estimate, quotation, scope of work or proposal.
2. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
3. Charges
Charges for services to be provided by Plug Digital Inc. are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 30 days. Plug Digital Inc. reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all services require an advance payment of 50 percent of the project quotation total before the work is supplied to the Client for review with the remaining Fifty (50) percent, of the project quotation total due upon completion of the work and before launching our work live.
4. Client Review
Plug Digital Inc. will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Plug Digital Inc. otherwise within ten (10) days of the date the materials are made available to the Client.
5. Payment
Invoices will be provided by Plug Digital Inc. upon completion but before publishing the changes live. Invoices are sent via email; Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) of the total amount due, whichever is greater.
6. Additional Expenses
Client agrees to reimburse Plug Digital Inc. for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials.
Platform fees, apps, themes, and additional paid services.
Company may suggest plugins, apps or services with a one-time fee or monthly service fee that are helpful in the development or user experience of a website. These will be approved by the Client prior to purchasing and are not included in the monthly fee.
7. Web Browsers
Plug Digital makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers latest two versions (e.g. Firefox, Microsoft Edge, Google Chrome, Safari). The client agrees that Plug Digital Inc. cannot guarantee correct functionality with all browser software across different operating systems. Plug Digital Inc. cannot accept responsibility for web pages which do not display acceptably in obsolete versions or new versions of browsers released after the website has been designed and handed over to the Client. As such, Plug Digital Inc. reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
8. Termination
Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
9. Indemnity
All Plug Digital Inc. services may be used for lawful purposes only. You agree to indemnify and hold Plug Digital Inc. harmless from any claims resulting from your use of our service that damages you or any other party.
10. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Plug Digital Inc. the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Plug Digital Inc. permission and rights for use of the same and agrees to indemnify and hold harmless Plug Digital Inc. from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Plug Digital Inc. that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
11. Non-Solicitation
During the course of the work and for (24) months thereafter, the client will not, directly or indirectly, encourage or recruit for employment or hire any of Plug Digital’s employees. You also agree that you will not refer such Plug Digital employees directly to parent, sibling, or other affiliated companies.
Client acknowledges that the Company has a legitimate business need to protect itself from improper or unfair solicitation of its employees, to protect its confidential information and trade secrets, and to protect the Company’s relationships and goodwill with both its prospective and existing clients/customers and that the terms of this Non-Solicit clause are reasonable and necessary in terms of length and activities restricted to protect the Company’s operations, reasonable competitive business interests, and confidential information. Because the Company has no adequate remedy at law and would suffer irreparable harm by the Client’s violation of the restrictions in this Agreement, the Company will be entitled to injunctive relief, in addition to such other remedies and relief that would, in the event of a breach of the provisions of this Agreement, be available to the Company. In the event of such a breach, in addition to any other remedies, the Company will be entitled to receive from Client payment of, or reimbursement for, its reasonable attorney fees and costs incurred in enforcing any such provision.
12. Post Alterations
Plug Digital Inc. cannot accept responsibility for any alterations caused by a third party occurring to the Client’s code once the work has been completed. Such alterations include, but are not limited to additions, modifications or deletions.
13. General
The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
14. Governing Law
This Agreement shall be governed by Michigan Law.
15. Liability
Plug Digital Inc. hereby excludes itself, its Employees, representatives and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the development of the web site or application;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Plug Digital Inc. to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Client will indemnify and hold Plug Digital Inc. harmless against any claims by third parties, including all costs, expenses and attorneys’ fees incurred by Plug Digital Inc. therein, arising out of or in conjunction with Client’s performance under or breach of this Agreement.
16. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.
