Terms of Service

Revised: 9/8/2019


Terms of Service (“Terms”)

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before accepting Services from Remarkable Expressions LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and customers who access or use our Services.

By accessing or using Service offered by Remarkable Expressions LLC you agree to be bound by these Terms.  If you disagree with any part of the terms then you may not access or use our Service.

If you have questions or concerns, Please contact prior to accepting these terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Change’s

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Turnaround Time (delivery)

Our turnaround time is dependent on many factors to include, size and scope of the project, scheduled projects in front of the new project, complexity of the site or solution to be created, Remarkable Expressions LLC operating hours and customers’ ability to provide all information requested by Remarkable Expressions LLC for the website project in a timely manner.

On average for new websites or software/cloud solutions, turnaround time ranges from 4 to 10 weeks.  In some cases, turnaround time may be faster and Remarkable Expressions LLC will keep the customer updated on the progress of the customer’s project.  For large projects, turnaround times may be longer than average and Remarkable Expressions LLC will keep the customer updated on the progress of the project.

Hours of Operation

Remarkable Expressions LLC normal hours of operation are from 9 am to 5 pm Monday through Friday.   All Services offered will be completed during normal business hours.  Some exceptions may apply with pre-approval and advanced notice.  For services during non-business hours, a 50% upcharge to our standard hourly rate will be applied.  Please contact us if you have any questions or are experiencing an emergency.

Emergencies

An EMERGENCY is classified as one of the following.

  • A website that is currently down and no longer live for your viewers.
  • A website that has been hacked leaving you and your clients vulnerable.
  • A problem with your server resulting in extremely bad performance when dealing with high user traffic.
  • A problem with your server or website resulting in the search engine bots not being able to spider your website.

The following does NOT constitute and Emergency.

  • Wanting to add new content (text, pictures, video, etc…) to your website.
  • A drop in google rankings. (Remarkable Expressions LLC does not have control over Google’s algorithm)

Scheduling, Payments & Penalties

Scheduling of projects is done on a first-come, first-serve basis.  Most projects once scheduled are scheduled for a specified number of days in a row, followed by a specified number of days off the schedule.  This is done to allow the Remarkable Expressions LLC team time to contact the project owner (customer) to verify or approve the artwork and check the accuracy of the customer’s project.   Once all work is approved and information received, Remarkable Expressions LLC will commence work on the project on the next set of scheduled days.

By accepting these terms, you agree that you understand that there are many ongoing long term projects with Remarkable Expressions LLC and work may only be scheduled for a limited amount of days each week in some cases.

In order to add any project to our schedule, payment for such project must be received prior to scheduling.  Once funds have been received, Remarkable Expressions LLC will ensure that the new project has been added to the schedule.   In some cases a project may not be scheduled right away; however, said the project will remain in its current position in the queue (list) and will be scheduled for the next available opening.

All Invoices must be paid at the time of invoice to ensure that the project continues on schedule.   Due to business expenses (staff, systems, tools, utilities, etc…), the operation of our business and the project flow is entirely reliant on cash flow.  When payment for a project is past due, the project can and in most cases will stall.   Meaning that Remarkable LLC; will stop work on a project, and move on to the next project.   If this happens a penalty fee of up to 20% of the project total may be applied to start up the project again.

Project Bids vs. Hourly

Project Bids are handled differently than hourly work.   When we provide a client with a proposal/project bid, we provide the client with 3 payment options.   Option 1:  the client can pay the total amount upfront for a slight discount.   Option 2:  The client can pay 50% upfront and 50% during the complete week of the project. (This applies only to projects that are 4 weeks or less)  Option 3:  The client can pay 50% upfront, 25% at half-way and 25% at completion. (Only available on projects over 4 weeks in length).

Option 3 is our standard practice as it allows our clients to work within their company’s cash-flow.

Project bids are handled this way as well so that we as a company have the positive cash-flow to pay our development team based on Milestones in which we can hold them accountable too.

Hourly Work: in some cases such as support work for current clients we charge an hourly rate.   The current hourly rate as of 09/08/2019 is $70/hr.   We also charge hourly when taking on a new client requesting work on a website or solution that we did not develop from the ground up.  This is done because our team has to become familiar with the programming and workflow.  In most cases, our team will run into trouble and will need to troubleshoot bad code or functionality conflicts.  For this reason, we can not provide accurate hourly estimates and must charge hourly.

Estimates & Invoices

Remarkable Expressions LLC does not typically provide a project estimate/proposal without going through our Discovery Process.

Discovery: Is a series of scheduled meetings where Remarkable Expressions LLC comes into our clients business from a consulting approach.  The goal of discovery is to find problems worth solving for our clients that increase sales, productivity and decrease staffing.   Ultimately Remarkable Expressions LLC aims to StreamLine our client’s Businesses.

For all new projects, Remarkable Expressions LLC will ensure that the customer and Remarkable Expressions LLC have a full understanding of the work to be completed prior to providing a proposal.  The work will be outlined in its entirety in a Scope of Work (SOW).  Only the work provided on the SOW, invoice, and/or proposal, for which Remarkable Expressions LLC has received payment for, will be completed.  Anything outside the scope of work printed on the invoice or proposal will require a new project proposal. We call this Scope Creep.

When this happens, we will do one of two things.  Add the work to the project as long as the client agrees to the new estimate and pays for the additional work or we will provide a new project proposal for the work which can be completed at a later date.

Pricing

Pricing for Services from Remarkable Expressions LLC may vary significantly depending upon many factors, which include: the size of the project, complexity of the site to be created and the number of man hours involved to complete the project.

Pricing is also determined based on the value of what we bring to the table and the impact that the project will have on our clients business.

All projects are scoped and quoted on a Fixed Price Bases + Value of our offering.  In some cases, Remarkable Expressions LLC will complete work on an hourly bases.

The current hourly rate as of 09/08/2019 is $70/hr.

For hourly support work on a website that was not designed, developed or maintained by Remarkable Expressions LLC, the hourly rate may be increased by 20% depending on the nature, difficulty, and size of the project.   In some cases, a full internal review of the site, software or solution is necessary prior to commence any work.  In this case, additional upfront charges will apply.    In the case of working on a current live site or software solution, we will make a copy of the site or software solution to work on in a Development Environment.   In this case, additional charges may also apply.

Legal Fees

If a dispute arises under the terms of this Agreement, including the affixed Proposal—which is specifically incorporated herein by reference— and the relationship the prevailing party shall be entitled to attorneys’ fees and costs. Attorneys’ fees and costs shall include any that become due as a result of an appeal if such becomes necessary.  If there is a payment default, Remarkable Expressions, LLC shall be entitled to recover all costs of collection.

Default Interest and Late Fees

Any payment which is more than 7 days shall constitute a late payment and will be assessed a late fee equal to 10% of the amount due or $50, whichever is greater. Upon any default in payment, the amount due shall bear interest at the highest rate permitted by law.

Contact Us

If you have any questions about these Terms, please contact us at RemarkableExpressions@gmail.com.

Website standard terms and conditions

1. Introduction

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

2. Intellectual Property Rights

Other than the content you own, which you may have opted to include on this Website, under these Terms, REMARKABLE EXPRESSIONS LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

3. Restrictions

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;
  2. selling, sublicensing and/or otherwise commercializing any Website material;
  3. publicly performing and/or showing any Website material;
  4. using this Website in any way that is, or may be, damaging to this Website;
  5. using this Website in any way that impacts user access to this Website;
  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and REMARKABLE EXPRESSIONS LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain the confidentiality of such information.

4. Your Content

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant REMARKABLE EXPRESSIONS LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. REMARKABLE EXPRESSIONS LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. No warranties

This Website is provided “as is,” with all faults, and REMARKABLE EXPRESSIONS LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. Limitation of liability

In no event shall REMARKABLE EXPRESSIONS LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and REMARKABLE EXPRESSIONS LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification

You hereby indemnify to the fullest extent REMARKABLE EXPRESSIONS LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

REMARKABLE EXPRESSIONS LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. Assignment

REMARKABLE EXPRESSIONS LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between REMARKABLE EXPRESSIONS LLC and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of FLORIDA, and you submit to the non-exclusive jurisdiction of the state and federal courts located in FLORIDA for the resolution of any disputes.