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By accessing this CPrompt website, you are agreeing to be bound by the following terms and to comply with all
applicable laws and regulations.
CPrompt reserves the right to change our terms and policies without prior written notice by changing
the terms and policies posted on this webpage.
Property Rights
The contents of this Internet site including, but not limited to, any and all trademarks, trade names, designs and products featured in this site are the sole property of CPrompt and are protected in the United States.
CPrompt does not grant any licenses to any copyrights or any other intellectual property rights.
You may download information for your personal use for non-commercial purposes, but you may not modify or otherwise
reproduce the content in any way.
Site Content and Usage
CPrompt provides the information in this Internet site "as is" without any warranties or representations,
either express or implied, including but not limited to the implied warranties of merchantability,
fitness for a particular purpose or non-infringement. Reasonable efforts are taken to ensure that the content of
this Internet site is accurate and up-to-date. However, CPrompt makes no warranties or representations about accuracy,
correctness, currency, reliability or completeness of the information provided, including without limitation, product
descriptions, pricing and availability. CPrompt reserves the right to correct any errors, inaccuracies or omissions
and to change or update information at any time without prior notice. CPrompt shall not be liable for any direct,
incidental, consequential, indirect, punitive or special damages or injury arising out of or resulting from access
to, inability to access or use of any content in this site, including, without limitation, any damages relating to lost
data, computer failure or malfunctioning or otherwise. CPrompt does not warrant that this Internet site or host server
will be maintained free of viruses or other items of a destructive nature. This Internet site is provided as a
service to its visitors. CPrompt reserves the right to delete, modify or supplement the content at any time for any
reason and without prior notice. Therefore, you should visit this page periodically to see the then current Terms of Use.
CPrompt is not responsible for lost or stolen credit card number information or other business or personal information.
By using this website you, the end user, agree to accept these terms and agree to hold CPrompt harmless for all and any lose,
consequential, direct, or indirect. All legal obligations and responsibilities for use or loss are assumed by the purchaser as
a condition of purchase or the end user as a condition of use of this website. All options for legal recourse against
CPrompt are waived by the purchaser or end user as a condition of this purchase.
Other Sites and Linkage
CPrompt has no responsibility for the content of any other sites which may be referenced or linked through this website
and is not be liable for any damages or injury arising out of or resulting from these sites or their content. You are
responsible for protecting your computer against viruses, worms, and other destructive items.
Termination Rights
CPrompt reserves the right to refuse service, terminate accounts, restrict purchases or cancel orders,
without notice, for any or no reason whatsoever.
All Sales are Final
Books: We will promptly replace damaged books upon return of the
damaged book. The level of damaged at which we will ship a replacement is at our discretion. Minor
cosmetic shipping damage to a book that is fully readable is not grounds for replacement.
The customer is responsible for return shipping charges. No cash refunds for books or shipping charges
will be issued. Replacement books are shipped free via ground service only.
Software: Because source code is included in all SendSafe E-Commerce and E-Store Framework software products,
all SendSafe and E-Store Framework software subscriptions and sales are final. No refunds.
This is the normal industry practice for sale of source code since the intellectual property cannot
be guaranteed to be fully returned once opened or viewed.
Governing Law
This Legal Notice and the contents of this Internet site shall be governed by the laws of the State of Texas,
without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any
provision of this Legal Notice is invalid or unenforceable, you agree that the other provisions of this Legal Notice
will remain in full force and effect.
Estimated Development Costs
To provide you with the most accurate pricing information possible, we perform preliminary engineering work on all
proposals. This engineering work includes a detailed evaluation of your project.
To obtain an estimate all, you have to do is fill out the request form.
It's easy to fill out and in a very short time you will have a solid estimate for use in your
planning and decision making.
(1) Development Costs do not include setup fees charged by 3rd parties such as credit card processors, domain name companies, SSL Certificate authorities or any (optional) labor you may request of CPrompt to assist you in getting these accounts setup.
(2) Development Costs do not include hosting setup fees.
(3) These are average costs intended to provide basic ideas of cost. An accurate cost estimate for any size project will be provided by CPrompt; it is this accurate cost estimate that should be used for planning purposes.
Discounts
Prepay the full cost of your project plus 10% for overruns in advance and we will take 3% off all development labor. At the end of the project, we will refund the unused portion just as we would refund the balance on our standard retainer.
Invoices:
CPrompt submits invoices to clients at 15 day intervals unless the project has been completed, in which case the invoice may be submitted to the client prior to 15 days. Once a contracted body of work is completed, the billing rate will revert to the standard consulting rate applicable at such time and as published on this web site.
Each invoice will contain descriptions of the work performed, the number of hours spent, and a total  dollar amount due. All invoices are 15 day net. All invoices must be paid in United States currency by a check drawn on a United States bank or by Visa or by MasterCard. No other forms of payment are accepted.
Important - Please read this carefully: It is CPrompt policy that work will be put on hold when the accumulated balance due(1) on an account exceeds the amount of the retainer. Work will recommence once an open invoice is paid which results in the accumulated balance due falling below the amount of the retainer.
(1) Accumulated balance due is calculated as the outstanding balance due on all open invoices plus the accumulated unbilled hours due on an account.
E-invoices and online payment:
CPrompt provides invoices and statements via e-mail in Adobe Acrobat (PDF) format.
You can pay all invoices on-line using the invoice payment web page.
A preconfigured link to this page will be provided with each e-invoice.
The e-statement is your receipt showing payments made. There is a small additional P&H charge if you require hard copies
of invoices and statements either faxed or mailed.
Invoices may also contain these expenses:
- Unless otherwise stated, work performed at CPrompt's offices will be billed in one (1) minute increments rounded up to the nearest one minute interval.
- Local travel to a Client's location is billed at $130 to $200 per hour (or the relevant consulting rate published on the CPrompt website at the time; which ever is greater) depending upon type of service. Local travel is considered to be anything less than one (1) hour from CPrompt's offices. Service rendered offsite are billed at the maximum rate published on the CPrompt website at the time of rendering (currently $130/hour). There is a two hour minimum onsite charge. Time is billed in 1 hour increments without prorating. Rescheduling with less than 48 hours notice will result in minimum charges for the day.
- Long distance travel is billed at $130 to $200 per hour (or the relevant consulting rate published on the CPrompt website at the time; which ever is greater) depending upon type of service and at a minimum of eight (8) hours per day plus travel time. Long distance travel is anything over two (2) hours from CPrompt's offices or travel involving transportation other than motor vehicles. No long distance travel will be performed without prior written authorization from Client. Time is billed in 8 hour increments without prorating. Rescheduling with less than a 1 week notice will result in minimum charges for the day.
- Long distance and cell phone charges will be billed at charged phone company rates. CPrompt does not commonly bill Client for these expenses, however CPrompt does reserve the right to charge for these expenses at the sole discretion of Consult.
- All correspondence, technical support, or consulting advice (and related or requested work) solicited by the Client and responded to by CPrompt is billed as consulting time. This includes but is not limited to: consulting advice, technical support, maintenance, development, and debugging.
- Materials and equipment purchased on behalf of Client and with written consent of Client will be added to the invoice.
- Emergency and (or) general support of any type made or provided before 8:30am and (or) after 5:30pm central time on weekdays will be billed at twice the prevailing consulting rate. No work of this type or during these periods of time will be performed without prior written authorization from Client.
- Emergency and (or) general support of any type made or provided at anytime during weekends and holidays will be billed at twice the prevailing consulting rate. No work of this type or during these periods of time will be performed without prior written authorization from Client.
- Office expenses including, but not limited to courier charges, postage, printing, and reproduction. CPrompt does not commonly bill Client for these expenses, however CPrompt does reserve the right to charge for these items at the sole discretion of Consult.
- Office visits and meetings for existing projects are billed at the standard project development rate of $130 per hour with a two hour minimum and billed in one hour increments. Billing begins at the scheduled time regardless arrival time and runs through to the end of the meeting. The payment classifications of any meetings are at the sole discretion of CPrompt. Rescheduling with less than 48 hours notice will result in minimum full planned meeting charges for the day.
- Office visits and meetings are billed at the standard consulting rate of $150 to $200 per hour (or the relevant consulting rate published on the CPrompt website at the time; which ever is greater) with a two hour minimum and billed in one hour increments. Billing begins at the scheduled time regardless arrival time and runs through to the end of the meeting. The payment classifications of any meetings are at the sole discretion of CPrompt. Rescheduling with less than 48 hours notice will result in full planned meeting charges for the day.
- Telephone communications other than scheduled teleconferences or meetings are billed at the rate of $130 to $200 per hour (or the relevant consulting rate published on the CPrompt website at the time; which ever is greater) depending upon topic; with a 30 minute minimum and billed in 15 minute increments. The payment classifications of any discussions are at the sole discretion of CPrompt.
- Scheduled telephone meetings and teleconferences are billed at the rate of $130 to $200 per hour (or the relevant consulting rate published on the CPrompt website at the time; which ever is greater) depending upon topic; with a 1 hour minimum and billed in 1 hour increments. The payment classifications of any discussions are at the sole discretion of CPrompt. Rescheduling with less than 48 hours notice will result in minimum charges for the day.
- Equipment handling expenses including, but not limited to courier charges, postage, shipping, packaging, insurance, and trucking.
- Legal, accounting, or other professional fees incurred as part of normal contracted business conducted with the Client and as a direct or indirect result of specific requests made by the Client except as otherwise specified in this agreement.
- Software debugging is a normal part of any software development project. The debug cycle often continues at some low level for the life of the product and can be an ongoing maintenance cost. Complex software programs will never be 100% bug free. If a bug is the result of any work performed at the request of the Client, then the costs to repair the bug is considered a normal part of the development costs and is billed to the Client. If a bug is reported and found to be inside code that was purchased for the Client from a 3rd party vendor, then the Client is charged for diagnosis of the bug and / or the repair of the bug. If a bug is reported and found to be inside code that was not modified or constructed for the Client, then the Client is not charged for the repair of the bug and the bug will be repaired at the sole discretion of CPrompt. It is CPrompt’s policy to make every effort to repair a fatal* bug inside software developed by CPrompt within 2 business days and an intrusive** bug inside software developed by CPrompt within 10 business days. Due to many factors such as dependency on 3rd party subsystems beyond CPrompt’s control or the intermittent nature of a bug, some software bugs may take longer to repair than the above specified repair times. In the event of a fatal* bug or intrusive** bug it is CPrompt’s policy to make a continuous good faith effort to repair with workmanship consistent with industry standards and within a timeframe consistent with industry standards.
- *fatal is defined as: Business transactions for which the site was designed cannot take place.
- **intrusive is defined as: Business transactions for which the site was designed can still take place but the site visitor can visually see the effects of the glitch via the underlying coding or the business back-end is functioning in a manner other than originally designed and is detrimental to day-to-day business.
- ***non-intrusive is defined as: Business transactions can still continue and the site visitor is unaware of the problem or the problem does not detract from the site.
- See also, Standard Classification of Tasks
- Unless otherwise stated, web acceptance and development testing will target only Microsoft Internet Explorer and Firefox browsers. Other browsers can be included for additional costs.
- Systems engineering and test expenses including, but not limited to test setup costs, purchase of measurement & simulation equipment, purchase of software, and independent laboratory services. All equipment and software purchased for use by CPrompt will remain the property of CPrompt unless specifically indicated otherwise within this contract. No equipment or software will be purchased without prior written authorization from Client.
- Reimbursement for any equipment, material, software, or other items purchased at cost, on behalf of Client. No equipment or software will be purchased without prior written authorization from Client.
Browser Support
The officially supported browsers are Microsoft Internet Explorer and Firefox. This site is best viewed with one of these browsers. As standard policy,
all systems developed by CPrompt target these two browsers. Other browsers which are 100% compatible may work but are not supported unless specifically included
in specifications. Other browsers are not supported due to their low percentage of use by visitors to e-commerce websites and the near universal availability of alternate
fully supported browsers. At this time in history, these adoption stats make it unprofitable for most e-commerce businesses to officially support browsers other than MS IE and Firefox.
Retainer / Security Deposit
All clients are required to pay a retainer. This retainer will be held on deposit as guarantee of payment of CPrompt invoices.
The retainer is not prepayment. It is a security deposit. All invoices must be paid following the terms of the contract.
At the end of the contract the retainer will be applied to the last invoice and any remaining balance will be refunded to the client within 15 days of confirmation that all of Client's payments have been fully processed by CPrompt's banking institution.
The retainer is typically calculated based on a cost estimate for two billing cycles. As work progresses, a running average is calculated for actual costs per billing cycle. Based on this actual cost per billing cycle, the dollar amount of the retainer may be adjusted up or down. The client will be invoiced for the retainer. Work will not begin until the retainer has been received.
For TechAdvice work and other consulting work done without a contract, if no work is performed by CPrompt due to a client changing their mind and not requesting work then the retainer will be refunded less a 10% handling charge.
Referral Fees
Referral fees are paid on all written referrals or leads that result in billable hours with
the exception of brokered contracts.
The standard fee is 5% of all billable development hours for the first development contract for each lead
(subsequent follow-up contracts from the same customer/lead are not included in the referral fee).
Fees will be paid only after payment from the client has been received.
Fees are not paid on tech support, marketing, or consulting.
If you have referrals of leads that you wish to make, please contact the potential
client and inform them of your intention to refer them to CPrompt. After confirmation from the potential client,
please submit the referral in writing to CPrompt.
Once a contact with the client is signed, fees will be paid 30 days after the last month of billing is
complete and payment of invoices have been received.
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