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Financial Terms & Conditions

Important Information

The go live date of your site will be provided by your designer in the initial timeline sent to you and will be launched accordingly, based on the timely transfer of information from client to VGM Forbin. Delays in information/content transfer will alter the go live date. VGM Forbin does not assume any responsibility for confirming member’s rights to images or content previously designed or implemented by another company or individual.

Design Revision Policy

When receiving your design for website creation approval, VGM Forbin will allow 2 rounds of revisions to your design at no charge. Any further revisions or re-designing will begin accruing a design fee of $150.00 per hour with a minimum fee of $75.00.

Compensation Rate

VGM Forbin bases compensation for website design and implementation, database design, implementation and programming at a rate of $150.00/hour. Rates are subject to change.

Hosting

Hosting includes: Google Analytics, software that will allow you to access valuable statistical marketing, and tracking information.

Domains

Domains will be automatically renewed at a rate of $50/year.

Agreement Term and Cancellation

Full payment of website is determined by completion of the original terms of the Agreement. Full and complete payment is the total amount shown for website development. Upon written request with 60 days’ notice to VGM Forbin, you may cancel the service if not in current contract.

If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. VGM Forbin may elect at its sole discretion to offer a partial refund depending upon the circumstances. If client is not able or willing to approve completed work or services in this Agreement after 6 months then VGM Forbin shall be deemed to have completed all design, programming or website service obligations and to have no further obligation to client.

General

Websites will be designed to support most modern browsers while targeting support of the following versions: Internet Explorer 10+, Microsoft Edge, Google Chrome 7+, Safari 5+, and Firefox 4+. Websites will be designed based on 1366x768 screen resolution and optimized to operate on (up-to-date) iOS and Android mobile devices.

Monthly Performance Plan

The entire amount of the combined monthly billing of the Performance Plan, Blogging Plan, and Social Media Plan will begin upon launch of any one service plan. Upon approval of this Agreement, the web team will be in touch within 5 business days to coordinate any social media needs and the details of your performance plans. If a social management plan is elected, the first post will be published within 2 weeks of providing logo, colors, and administrative access to the social media accounts.

WCAG Compliance

The WCAG implemented updates will be completed based on VGM Forbin’s interpretation of current WCAG standards, availability to resources (i.e., third party website, documents, tools, etc.) and allotted time.

In the event your website’s growth requires further resources, the monthly plan fee may need to be re-evaluated to ensure proper tools are available. This will be communicated by VGM Forbin when applicable.

Incident Response

If there in an incident of unauthorized access to your “sensitive customer information”, as such term is defined by the Gramm-Leach-Bliley Act of 1999 (GLBA), then VGM Forbin will take appropriate actions to address the incident, including notification to you as soon as possible.

Email Cloud Storage

Email servers that allow for remote, internet-based data storage and retrieval (i.e., in the cloud) will be located in a secure hardened data center with service organization control (SOC) audits provided to you when made available by the data center. The data will remain confidential.

Third-party Contractors

Third parties may provide services to you in connection with the products and services provided by VGM Forbin. Disclosure of the identity of such third parties will be made to you upon written request. VGM Forbin will be generally responsible for the services that will be provided to you under this Agreement, and if VGM Forbin is not the service provider then it will provide assistance to you in attempting to resolve any issues with the third-party service provider.

Agreement Terms and Modifications

The parties agree that the Contract is the entire agreement of the parties concerning the subject matter of this Agreement, superseding any and all previous or contemporaneous proposals, promises, understandings, communications or writings between the parties, whether oral or written. Any modification to the Contract must be in writing, agreed to and authorized in writing by both parties.

Project Completion

During the development of the new website, a staging server with a temporary URL will be setup for deliverable review and milestone approval by you. The staging site will have limited access via IP address restrictions. You will be required to approve the staging site in writing prior to VGM Forbin launching the new site to the Internet for customer use.

Disclaimer: New websites may experience a decrease in search engine rankings due to factors with search engine algorithms that are beyond the control of VGM Forbin.

GLBA Policy – Confidentiality Agreement

This Confidentiality Agreement (the “Sub-Agreement”) is made and entered into as of {date}, by and between VGM Forbin (the “Service Provider”) and you (the “Bank”).

  1. The Service Provider provides certain services to Bank, including but not limited to (include the following as applicable) Website Design, Development, Web Hosting and Web Marketing Services.
  2. The Service Provider and the Bank have entered into this Sub-Agreement to comply with the Gramm-Leach-Bliley Act of 1999 (the “GLBA”) and the Interagency Guidelines Establishing Standards for Safeguarding Customer Information adopted by the federal regulators of depository institutions (collectively, the “Security Standards”). It is expected that service providers and the Bank will implement appropriate measures designed to meet the objectives of these security standards.

NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the parties hereto agree as follows:

  1. In connection with performing services for the Bank, the Service Provider may from time to time receive Nonpublic Personal Information (as such term is defined in the GLBA and the applicable GLBA Regulations) from the Bank regarding consumers and customers of the Bank. The Service Provider hereby agrees that it shall keep all such Nonpublic Personal Information confidential and shall maintain and use such information in accordance with all applicable laws, rules and regulations, including but not limited to the GLBA and the applicable GLBA Regulations. In this connection, the Service Provider may disclose such Nonpublic Personal Information only on a need-to-know basis, to those of its employees or agents who provide such services under the Agreement. Except as required to perform services for Bank, Service Provider agrees that it will not copy, duplicate, or otherwise retain all or any portion of such Nonpublic Personal Information in any form whatsoever, nor permit any employee, agent or any other person to do so.
  2. The Service Provider acknowledges the importance of maintaining the security and integrity of Nonpublic Personal Information and agrees to take all steps reasonably necessary to prevent the unauthorized disclosure or use of the Nonpublic Personal Information and to prevent the Nonpublic Personal Information from entering the public domain. The Service Provider hereby represents and warrants to the Bank that it is familiar with the Security Standards and agrees to implement and maintain throughout the term of the Agreement appropriate security measures designed to meet the objectives of the Security Standards, which security measures shall be no less stringent and protective than that which is necessary to meet industry standards. The Service Provider agrees to periodically review and revise its security measures to meet the objectives of the Security Standards and to meet or exceed industry standards as such standards evolve. The Service Provider understands and agrees that the Bank has certain oversight responsibilities with respect to “service providers” under the Security Standards and, as such, the Bank may be required to monitor the Service Provider to confirm that the Service Provider has satisfied its obligations to implement appropriate security measures. To that end, the Service Provider agrees to provide, when requested by the Bank from time to time, such information (including without limitation audits and test results relating to the Service Provider’s security measures) as may be reasonably requested when applicable.
  3. Service Provider shall advise Bank in writing of any misappropriation or misuse of Nonpublic Personal Information as soon as it becomes aware of such misappropriation or misuse, and will provide an appropriate response in consultation with Bank. Service Provider shall indemnify and hold Bank harmless from and against any claims, costs, loss, damages, or liability, whatsoever, including reasonable attorneys’ fees and expenses, arising from Service Provider’s breach of this Sub-Agreement.
  4. Any waiver of the provisions of this Sub-Agreement must be made in writing by Bank. No failure or delay by Bank in exercising any right, power or privilege under this Sub-Agreement shall operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
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