Give fair pricing. Encourage customer ownership and control. Help customers maintain their website. Be the company behind every company.

- Our Philosophy

Simple / Fair Pricing

Full Terms of Service

Please review the following terms carefully. 
By using our services you are agreeing to comply with and be bound by the following Terms of Service.  If you do not agree to these terms, you should not obtain services or products from our company.  These terms can change at any time but are most likely to change, if they are going to, January 1st of each year.
Last updated Nov 30, 2019.

1. ACCEPTANCE OF TERMS

Commercial Grade Software, Inc (referred to hereafter as “CGS”) provides design, programming, and support services (referred to hereafter as “our Services”) subject to the following Terms of Service (“TOS”). By using our Services in any way, you are agreeing to comply with this TOS. In addition, when using particular services, you agree to abide by any applicable posted guidelines, which may change from time to time without specific notice to you.  Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with CGS in any way, your only recourse is to immediately discontinue use of CGS services and products.  Violation of any condition may result in the immediate suspension of support services, at our discretion.  CGS has the right, but is not obligated, to strictly enforce the TOS.

2. MODIFICATIONS TO THIS AGREEMENT

CGS reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at anytime.  Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOS at: http://commercialgrade.com/TOS/

3. COMPANY CHARTER 

CGS provides the website design, programming and support services. CGS charges for this support.

4. OUR SERVICES

CGS provides design, programming and support services for a time-based fee. (See Billing) You the client agree to pay this fee, which will be invoiced monthly.

Support and assistance is all we do. We can help you buy your domain, obtain hosting, setup WordPress or a WIX website, Photoshop pictures into a custom gallery, etc. We provide assistance and support anywhere you need it so that you are never lost. We even provide extensive programming support.

Services are initiated by phone, text or email. You have to ask us to do something or by default we wont touch a thing. We don’t just bill our clients. Clients must give us a clear order to do something to initiate us working on their site.

No annual support charges. We are here when you need us and we cost you nothing when you don’t. Have a question? We charge you for our time. That’s it. Need us to log in and update a gallery? We are happy to help. Want to learn how to update the gallery yourself? No problem. Just call. We are here to help you any way we can.

4.1 SHARED VPS HOSTING

Generally, CGS is a pay-for-support company and does not providing hosting services.

However, we do allow some clients to share our VPS (Virtual Private Server) in order to obtain better hosting speeds at more affordable rate than is generally available elsewhere. Our Shared VPS Hosting Services have a few necessary stipulations as follows: 1) CGS Shared VPS Hosting is considered a special favor and CGS reserves the right to shutdown any website on its shared VPS at any time for any reason and require it be moved to a VPS of it’s own.  CGS shall not be held in any way responsible.  Customer would be required to pay for moving the website to an external server.  Customer would be remebursed the unused portion of hosting.  (Generally this protects against a single website harming our server and taking down all of our other websites.)  2) Hosting is only available in a minimum twelve (12) month block and always renewed November 1st. 3) Client does not have “Root Access” to our VPS. Therefore, backups, restores, etc. may require a support request to CGS. 4) CGS is not responsible for any loss of client’s website or downtime for any reason, including but not limited to hardware failure, server instability, act-of-God, and even negligence on the part of CGS. 5) You, the client, bare the full and complete responsibility for requesting and keeping a current backup of your website. If your website is valuable to you then make sure you have CGS build a backup and send it to you monthly or even week. 6) Backup frequency and usability are your choice and responsibility. 7) If you do not accept these terms then we suggest you have us host your website elsewhere.  You are in no way obligated to host with us.  

4.5 ESTIMATE & QUOTE ARE ALWAYS VERY ROUGH GUESSES

Estimates and quotes are rough guesses based on information known about your website at the time the quote was given. Since factors change it is impossible to know the exact cost of building a website. Estimates and quotes are also affected by what clients ask us to do and how they cooperate with the process. Estimates and quotes can also be impacted by other factors outside of anyone’s control, making a quote completely inaccurate. Client understands all quotes are very rough guesses and accepts the full possibility for cost overruns on a project.  (Importing of data is the most common cost overrun. Budget for it! )

If you want a “hard quote” we can do that. We will print out an actual estimate which will include all sorts of extra hours to make sure we include all possible needs. We will outline carefully the extent of the work. You must pay that amount, not the actual hours worked. This is not the best deal for most clients, but it’s your choice.

Upon completion all hard quotes automatically become fee-for-support agreements.

CGS bills in quarter hour increments at the rate of $15 per quarter hour. So a 5 minute call will generally cost you $15. A 15 minute call will cost your $15. A 20 minute call will cost your $30. A 45 minute call would cost your $45. In short, if you start a 15 minute block you will be charged for it. These blocks are not based on a clock somewhere. A call at 1:07PM to 1:17PM will generally be billed 1:00PM-1:15PM. It just looks better that way. We may, at our discretion insist on a half hour minimum if the work was intensive or on multiple issues.

Sometimes we don’t charge at all for support because it was only a 1 second question. This again is at our discretion and does not waive our right to charge for our time.

We are also available to come on-site (at your facility) for an additional $25 “Trip” charge, if we are able to do so and you are local.

We are open 9-5 Monday through Friday. Off hour support is available at twice our normal rate and with a 30 minute minimum.

At the end of every month we invoice our clients.

On some projects we may ask for a down payment.

6. CLIENT RIGHTS

CGS will make every reasonable effort to keep any passwords you share with us confidential. CGS is not responsible for keeping track of your passwords. You can change your passwords at anytime and we will simply ask you for the new password when our login attempt fails.

Any company data, such as how successful you are, shall be kept confidential.

Think of CGS is a “virtual” employee. Except when we aren’t doing anything you don’t have to pay us. (Don’t worry. We are an S-corp so we are clearly a separate company.)

You have a right to have the work completed before being billed.

You have the right to know your monthly bill at any time. Just email me for a copy.

Usually, you can stay on the phone while we work, if you wish.

7. CLIENT OBLIGATIONS

Clients are responsible for paying us for our time.

Clients are responsible to make sure that their billing address and contact information is up-to-date at all times. If you move you are still responsible for late charges on any invoice.

Clients should make sure the credit card they use to purchase domains, email and hosting are up-to-date with their hosting provider. These services are always purchased through a third party. CGS is not responsible for lost domains, email, etc.

Client is responsible for all materials subject to United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Client is responsible for insuring all materials, graphic or written, meet all legal requirements. Client are reminded to obtaining a photo release for any pictures of person/persons included in your website.

Client alone is responsible for the success or failure of a website. Client alone is responsible for making sure the website does not infringe on any other website or entity in any way. It is clearly understood that CGS is simply work-for-hire, doing what we are instructed to do by the client. We do what we are asked to do without speculating on a client’s business model as a whole. Any opinion by CGS on the possible success of a venture shall be considered outside of our expertise and therefore should not impact the client’s decision in any way.

Client is expected to have reasonable computer skills and to have up-to-date anti-virus software running on all devices used to access the Internet.  All software running on your computer should be patch/updated regularly. If you do not have these skills CGS will happily work with you as best we can, but at some point we may discontinue our support services if it becomes too frustrating for us. Generally though, we are very patient and happy to bill for our time.

8. LIMITATIONS OF SERVICE

We are just a design and support company. We don’t guarantee anything. We do the best we can to assist you. Your website is yours and your responsibility alone.

We may agree to provide support and refuse to give support for any reason, or no reason, in the future. Just because we supported you does not mean we are obligated to continue support. Each support incident is a separate agreement to provide support and does not guarantee we have the time to provide further support.

9. TESTING

It is a great idea to test your own website from time to time. It is up to you, the client, to test any changes we have made and to insure everything is running properly.

10. REFUND POLICY

Since we are a service company, if we spend time working on something at your request you are obligated to pay for our time.

In short, there are no refunds, since services are consumed and you cannot give us our time back.

11. VERBAL AGREEMENTS

Our memory is as bad as yours.  In order to be fair any substantial agreements must be made in writing.  E-Mail is sufficient.  It only takes two seconds and creates a nice trail we can all follow later. (E-mail also helps us make sure we make it happen.)

12. BILLING & PAYMENT TERMS

All invoices must be paid in full by the invoiced due date or the account will be considered delinquent.  All delinquent accounts will be assessed a $25 charge or 5% penalty (whichever is greater) for each month of non-payment until balance is paid in full. Any account with an unpaid invoice shall not receive support services until the account is paid in full.

Invoices and notifications will be sent to the contact information provided by the Client.  Client is responsible for keeping this contact information correct and up-to-date.  Client agrees notifications sent to the mailing or e-mail address on file constitutes reasonable assurance client has been notified.  Check your spam filters! 

Client is responsible for any fees it causes Commercial Grade Software, Inc. through its own fault, such as a bounced check, plus a $25 fee.  

CGS shall be entitled to reasonable legal and collection agency fees in the event the services of an attorney or collection agency become necessary.

CGS may change its rates at any time but generally rate and terms changes almost always occur at the beginning and middle of each year. (So check this Jan 1st and July 1st of each year.)

13. LIMITATION ON LIABILITY; EXCLUSION OF CONSEQUENTIAL DAMAGES; NO WARRANTY

Customer agrees to indemnify, defend and hold harmless, Commercial Grade Software, Inc., its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all claims, losses of any kind, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: loss of services (client agrees to check important services as often as necessary to prevent losses due to loss of service), any violation of this Terms of Service, software flaws (either caused by Commercial Grade Software, Inc. or a third party), hardware failure, hacking, abuse, Acts of God, fraud and any losses resulting directly or indirectly as a result of system design or changes.

IN ANY AND ALL EVENTS, CUSTOMER AGREES TO LIMIT THE CUMULATIVE LIABILITY OF COMMERCIAL GRADE SOFTWARE, INC., ITS SUBSIDIARIES, OTHER AFFILIATED COMPANIES, ITS OFFICERS, DIRECTORS AND EMPLOYEES TO THE AMOUNT PAID FOR PRODUCTS AND SERVICES RENDERED IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS.

Customer agrees to defend Commercial Grade Software, Inc., its subsidiaries and other affiliated companies, its officers, directors, employees and agents from third party lawsuits.

All code is presented “as is,” without warranty. 

Client alone is responsible for compensating models, obtain a signed photo release from each individual portrayed in its website, maintain an archive of releases, etc.   Client holds CGS blameless for any actions resulting from failure to obtain photo releases, etc.

Clients alone bare full responsibility towards protecting their username and password, and all legal consequences from the release of website member information. 

CGS cannot guarantee that logos and artwork designed for client does not infringe on preexisting or trademarked material from other entities. Consult an attorney before using logos or artwork. Customer agrees to immediately inform Commercial Grade Software, Inc. of any violations and to hold Commercial Grade Software, Inc. blameless for any infringements.

14. LIMITATION OF SERVICES OFFERED
CGS not provide Internet access, legal advice, advice on the likely success of a business venture, computer repair, etc.  CGS cannot see into the future and therefore cannot build websites compatible with browsers not yet built. CGS cannot guarantee search engine placement.  CGS cannot guarantee or promise increase in sales for any reason.  (By default our websites are built to be compatible with as many commonly in-use browsers as possible when the site was designed and to degrade as elegantly as possible in all other browsers, with usability dropping off sharply as the popularity of the browser declines.) Any advice given by CGS employees in any of these matters is to be considered an opinion which should always be verified externally.

15. MISCELLANEOUS

Should any part of this Agreement, or any provision herein contained, be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by a decree of any court of competent jurisdiction such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof.  Remaining parts or provisions shall remain in full force and effect.

This agreement shall be interpreted under the laws of the State of Ohio. Any litigation under this agreement shall be resolved in the trial courts of Trumbull County, State of Ohio.

The parties agree that any action in relation to an alleged breach of this Agreement shall be commenced within one year of the date of the breach, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute.

The failure by one party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

16. History of Modifications

Nov 30, 2019 – Pricing added to beginning.

This is an application to become a client. We look forward to working with you.

Commercial Grade

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  1. Just read these Terms of Service.
  2. Fill out the form at the bottom.

We’ll take care of the rest.