Effective Date: 01/20/20
These Terms of Service govern all services provided by Ask the Egghead, Inc., including but not limited to website hosting, web development, software development, digital strategy, maintenance, consulting, and related professional services. By engaging Ask the Egghead, Inc. or using any hosted services, the client agrees to be bound by these Terms of Service.
Scope of Services
Ask the Egghead, Inc. provides digital services that may include custom development, managed hosting, maintenance, security, consulting, content strategy, integrations, and related technology services.
Specific deliverables, timelines, pricing, and service levels are defined in individual proposals, statements of work, invoices, or service agreements. In the event of a conflict, those documents supplement but do not replace these Terms of Service.
Hosting Services
Hosting services are provided on a managed basis unless otherwise stated in writing. Ask the Egghead, Inc. may utilize third-party infrastructure providers. While reasonable efforts are made to ensure uptime, performance, and security, uninterrupted service is not guaranteed.
The client is responsible for maintaining valid backups unless backup services are explicitly included in the agreement. Ask the Egghead, Inc. is not responsible for data loss caused by client actions, third-party services, force majeure events, or security incidents beyond reasonable control.
Client Responsibilities
Clients agree to:
- Provide timely access, credentials, content, and approvals
- Use hosted services in compliance with all applicable laws and regulations
- Refrain from hosting or transmitting malicious code, illegal content, or abusive material
- Maintain accurate billing and contact information
Ask the Egghead, Inc. reserves the right to suspend services if client actions threaten system stability, security, or legal compliance.
Contract Term and Cancellation Notice
All service agreements and contracts require a minimum sixty (60) day written notice for cancellation by the client.
Cancellation notice must be submitted in writing. The sixty-day notice period does not relieve the client of payment obligations during that period. All fees, retainers, subscriptions, and milestone payments remain due and payable throughout the notice window.
Failure to provide the required notice constitutes a breach of contract, and Ask the Egghead, Inc. reserves the right to invoice for the full value of the notice period.
Termination for Nonpayment or Breach
Ask the Egghead, Inc. may suspend or terminate services immediately, without prior notice, in cases of nonpayment or the following:
- Failure to pay invoices on time
- Repeated late payments
- Material breach of contract or these Terms of Service
- Illegal, abusive, or unethical conduct
If an invoice remains unpaid for more than 10 calendar days past its due date, the associated project will be terminated for cause due to nonpayment, and any websites, applications, or hosting environments managed by Ask the Egghead, Inc. may be deactivated or taken offline without further notice.
Termination does not relieve the client of responsibility for payment for completed work, work in progress, committed costs, or the remaining balance of the sixty-day notice period. All outstanding balances become immediately due upon termination.
Late Fees and Payment Enforcement
Invoices are due according to the terms stated on the invoice or agreement.
Any invoice unpaid for more than 5 calendar days past the due date will automatically incur a late fee equal to ten percent (10%) of the outstanding balance.
Late fees are assessed once per invoice and are immediately due.
If an invoice remains unpaid for 10 calendar days or more, Ask the Egghead, Inc. may:
- Suspend or terminate services
- Deactivate hosted sites or systems
- Withhold deliverables, credentials, or administrative access
- Pursue collection of outstanding balances
The client is responsible for all reasonable collection costs, including legal and administrative fees, as permitted by law.
Suspension of Support for Past-Due Accounts
Clients with overdue invoices do not have access to support services of any kind.
This includes phone, email, text, emergency, priority, maintenance, or advisory support. Support remains suspended until the account is current in full, including late fees.
Support requests submitted while an account is past due may go unanswered and do not obligate Ask the Egghead, Inc. to respond.
Intellectual Property
All work produced by Ask the Egghead, Inc. remains its property until full payment is received. Upon payment in full, ownership or license rights are transferred as specified in the applicable agreement.
Ask the Egghead, Inc. retains the right to display completed work in portfolios, case studies, and marketing materials unless otherwise agreed in writing.
Limitation of Liability
To the fullest extent permitted by law, Ask the Egghead, Inc. shall not be liable for indirect, incidental, consequential, or special damages, including loss of data, revenue, or business interruption, even if advised of the possibility of such damages.
Total liability shall not exceed the amount paid by the client to Ask the Egghead, Inc. in the six months preceding the claim.
No Waiver
Failure to enforce any provision of these Terms of Service does not constitute a waiver of the right to enforce that provision or any other provision in the future.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of law principles.
Modifications
Ask the Egghead, Inc. reserves the right to update or modify these Terms of Service at any time. Continued use of services constitutes acceptance of the revised terms.
