Terms And Agreements For Services With Vontainment

The page below is our terms and agreements for all work, services and service contracts. As we know that every client and project has different needs the terms set forth here are subject second to the terms stated in the Proposal. We send a proposal/quote for all projects from our online system. When accepted by client is considered consent and agreement to the following terms and the amendments to these terms stated in the proposal. The Proposal will also contain information referenced in these terms such as:

  • A description of the scope of work and specific objectives for this project, meaning need that must be met and the targets that must be hit.
  • Your work process including descriptions of your design phases, milestones, sequence of steps, deliverables, number of comps, included revisions, timeframes, client responsibilities, format for delivery, etc.
  • A schedule of fees, taxes, total fees and expenses, recap of the milestones and total timeframe.
  • A schedule of billing, detailing invoice amounts and when they happen during the project.
  • Other information about a job.

If you agree to a proposal/quote please accept at the top of the page. If accepted we require a partial deposit (as listed) upfront before work commences. All deposits are non-refundable as work will be commenced immediately. Once a quote is accepted you will have 14 days (unless otherwise stated on invoice) to pay the remainder.


Website & Cloud Apps Development

Change Request

If Client wants to change the scope of work after acceptance of proposal, quote or other agreement, Client shall inform vontainment in an expedited manor. Client needs to describe the requested changes in detail. Vontainment will respond with a new or updated quote entailing, additional fees, changes to delivery dates, and any modification to the terms and conditions.

Major Change

If Client requests are at or near 70% percent of the time required to produce Deliverables, or the value of the Scope of Services, Vontainment shall be entitled to submit a new and separate quote to Client for approval. Vontainment shall not begin work on the revised services until the quote is accepted and any additional fees or deposits paid.

Minor Changes

If Client requests are not major changes, the Client will be billed on a time and materials basis or at a set price as per agreement reach between Client and Vontainment. Such charges shall be in addition to all other amount payable for specified project, despite any maximum budget, contract price or final price identified. Vontainment may extend or modify any delivery schedule or deadlines in the as may be required by such changes.

Timely Recipe Of Project Assets

We will do our best to work with you to give you the best service possible but expect the client to work with us in a timely fashion. Clients who do not provide the necessary assets and items requested at the start of a project within a week may receive a surcharge for our time. If Any project delayed past the deadline caused by indecision, delay in providing needed assets or to complete needed tasks by the client may incur additional charges (of which will be discussed upon the client’s request or if such a delay appears imminent). Please try your best to get us the requested materials timely. All assets, materials, and tasks needed by the client will be outlined before the project is started. If a client places a hold on a project or delays in completing their requirements as listed may be required to pay a restarting fee for the project. All assets, materials, and tasks needed by the client will be outlined before the project is started.

Termination Of Service By Vontainment

This Agreement may be terminated by Vontainment; (1) immediately if Client fails to pay any fees; (2) if Client fails to provide, preform or otherwise fulfill any vital roles or tasks vital to agreement; (3) if Client fails to cooperate with Vontainment or hinders Vontainment’ ability to perform the agreed services. (4) Vontainment reserve the right to cancel projects if clients become hostile or delays project willingly.

Termination Of Service By Client

If work is terminated by the client; the deposit will cover costs and no balance will be due. If additional services have been added after the original deposit, all additional services completed will also be due.


Consultation Services

Vontainment may be hired to consult on your tech, web, online , marketing, social media, networking or other topics. Consultations may be in person, over the phone, or by video chat.

Travel And Meeting Fees

Vontainment may occasionally inform you of fees associated with any meetings by phone, video or in-person. Meetings that are not covered by a current contact may be considered consultation; (1) Any meetings at our location or by remote conference may incur a consultation fee that is disclosed upfront. (2) Meetings at a clients location will incur a travel fee disclosed upfront and may included a consultation fee. (3)Meetings at our location or by phone video do not incur charges if the nature of the meeting is covered under a service contact.


Website Maintenance

  • Updates to text, images, and other minor changes to Client’s website pages.
  • Upgrades to Client’s content management system, including plug-ins and themes.
  • Backup of website on a daily basis, backups will be stored both locally on on Vontainments secure server. 5 days worth will be held at at time. For Digital Oceans hosting additional daily full server backup will be set up.
  • Recovery of website files from backups.
  • Up-time monitoring; so we can respond fast to issues to and get you back online.
  • Regular security scans.
  • Removal of malware, spam, and malicious code from Client’s website.
  • Replace and features that have broken due to updates, or issues with 3rd parties.
  • Creating new email accounts, changing passwords, assisting client with minor issues.
  • Telephone/video support and usage assistance.

Exceptions To Coverage

(1) If the client causes damage though accident or purposely. (2) Issues from client failing to pay  or pay on time 3rd parties who supply services, integrations, APIs or functions. (3) Issues arising from paths, decisions and actions taken under clients instructions against our advisement.

Additional Services

Vontainment is not responsible for search engine optimization (SEO), developing new content, or writing new copy for Client. Client will be charged an additional fee for writing content, based on the hourly rate agreed upon. Unless such services have been added to service contract.

Termination Of Service By Vontainment

This Agreement may be terminated by Vontainment; (1) immediately if Client fails to pay any fees; (2) if Client fails to provide, preform or otherwise fulfill any vital roles or tasks vital to agreement; (3) if Client fails to cooperate with Vontainment or hinders Vontainment’ ability to perform the agreed services.

Termination Of Service By Client

If work is terminated by the client; all access keys and information will be turned over. All deposits and payments are final. Early termination does not qualify for a refund as the time and recourses needed to separate our access, APIs and services.


Rendering Of All Other Services

For all services rendered that are not specifically mentioned the following terms apply. Some services require a consultation before they can be preformed and sometimes consultations lead to desired services. If a client would like the recommended or agreed upon services after a consultation, the terms below apply.

Cost Of Goods, Equipment And Other Expenses

As outlined in the quote between the Client and Vontainment, there may be expenses to a project. All expenses such as equipment or services by 3rd parties are to be paired up front to Vontainment or to the Vender unless otherwise stated. Vontainment does not guarantee and cannot guarantee there will be no unexpected expenses. Mattering on the service many things are outside Vontainments control. the client will be expected to pay any unexpected fees caused by situations out of Vontainments control. Vontainment will no charge client for fees due to a mistake on our part. If a client cannot or does not want to pay fees we may terminate agreement as stated in corresponding section.

Travel And Meeting Fees

Vontainment may occasionally inform you of fees associated with any meetings by phone, video or in-person. Meetings that are not covered by a current contact may be considered consultation; (1) Any meetings at our location or by remote conference may incur a consultation fee that is disclosed upfront. (2) Meetings at a clients location will incur a travel fee disclosed upfront and may included a consultation fee. (3) Meetings at our location or by phone video do not incur charges if the nature of the meeting is covered under a service contact.

Change Request

If Client wants to change the scope of work after acceptance of proposal, quote or other agreement, Client shall inform vontainment in an expedited manor. Client needs to describe the requested changes in detail. Vontainment will respond with a new or updated quote entailing, additional fees, changes to delivery dates, and any modification to the terms and conditions.

Major Change

If Client requests are at or near 70% percent of the time required to produce deliverables, or the value of the scope of services, Vontainment shall be entitled to submit a new and separate quote to Client for approval. Vontainment shall not begin work on the revised services until the quote is accepted and any additional fees or deposits paid.

Minor Changes

If Client requests are not major changes, the Client will be billed on a time and materials basis or at a set price as per agreement reach between Client and Vontainment. Such charges shall be in addition to all other amount payable for specified project, despite any maximum budget, contract price or final price identified. Vontainment may extend or modify any delivery schedule or deadlines in the as may be required by such changes.

Termination Of Service By Vontainment

This Agreement may be terminated by Vontainment; (1) immediately if Client fails to pay any fees; (2) if Client fails to provide, preform or otherwise fulfill any vital roles or tasks vital to agreement; (3) if Client fails to cooperate with Vontainment or hinders Vontainment’ ability to perform the agreed services. All deposits are final, Client will be liable to pay for all work completed minus the paid deposit. Client will be liable for all unpaid expenses incurred by Vontainment.

Termination Of Service By Client

If work is terminated by the Client; all access keys and information will be turned over. All deposits are final, Client will be liable to pay for all work completed minus the paid deposit. Client will be liable for all unpaid expenses incurred by Vontainment.


Other Terms Applying To All Services

Warranty, Service Calls & Service Contacts

After completion of job if any mistakes by Vontainment are found We will fix them at no cost. After the completion of a project the client may call for edits, changes, repairs, upgrades or other help. This will constitute a service call and will carry a fee that you will be made aware of before work is started. You may also take out a service contract with us. Service contracts only apply to the work done as listed in the previous invoice or contract. We will repair, fix and upgrade ex isting work. If new addition is needed to maintain the original functionality that will be covered. If the client causes damage though accident or purposely, it will not be covered by service contract.

Ownership Of Copyright

We work for our clients and as such all original work done by Vontainment for a client is copyright that client. Some assets may be held under a 3rd party ownership but with permission to use (example WordPress may be used to create a website but is 3rd party copyright). Vontainment reserves the right to use work and assets related to a project for our portfolio.

Indemnification Arising From client Provided Assets

Client shall indemnify and hold harmless Vontainment (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Vontainment as a result of any claim, judgment, or adjudication against Vontainment related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client to Vontainment (the “Client Content”), or (b) a claim that Vontainments’ use of the Client Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Vontainment must: (i) give Client prompt written notice of a claim; and (ii) allow Client to control, and fully cooperate with Client in, the defense and all related negotiations.

Force Majeure

Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.

Relationship of Parties

Vontainment, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Client does not undertake by this Agreement, or otherwise, to perform any obligation of Vontainment, whether by regulation or contract. In no way is Vontainment to be construed as the agent or to be acting as the agent of Client in any respect, any other provisions of this Agreement notwithstanding.

Limitation Of Liability

Vontainment shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. Client agrees that, in the event Vontainment is determined to be liable for any such loss, Client’s sole remedy against Vontainment is limited to a refund of payments made by Client for said Services, less expenses paid to subcontractors or to third parties. Vontainment is not responsible for errors which result from faulty or incomplete information supplied to Vontainment by Client. Client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. Vontainment shall not be liable to Client for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services.