Quantum Digital
Quantum Digital services are provided by Quantum Electronic Payments LLC, doing business as Quantum Digital. For purposes of these Terms, Quantum Electronic Payments LLC is referred to as “Quantum.”
These Terms and Conditions apply to website design and development, SmartSite website services, website hosting and maintenance, email marketing, messaging, reviews, social marketing, reputation management, competition tracking, mobile services, and related services provided through Quantum Digital.
By stating “I agree” by email, making payment, approving a proposal, using the services, or otherwise authorizing work to begin, you confirm that you can access, read, and agree to these Terms. You also consent to the use of electronic acceptance under applicable electronic signature laws, including the U.S. Electronic Signatures in Global and National Commerce Act.
If you are accepting these Terms on behalf of a business or organization, you represent that you have authority to bind that business or organization.
1. Scope of Services
Quantum Digital services may include:
- Website design and development
- SmartSite website design and development
- Website hosting and maintenance
- Email marketing services
- Messaging and review services
- Social marketing services
- Reputation management
- Competition tracking
- Mobile-related service features
- Related support or digital services described in the applicable proposal or agreement
The specific scope, deliverables, pricing, timelines, limitations, and service requirements will be stated in the applicable proposal, service package, order, agreement, or other written communication approved by the parties.
Any work not included in the approved scope may require additional approval and may be subject to additional fees.
2. Website Design and Development
Quantum Digital website projects will be developed in accordance with the applicable proposal or agreed project scope.
Unless otherwise specified, website projects may be developed using standard Quantum Digital design elements, templates, tools, platform functionality, and development practices.
Custom coding, additional pages, expanded eCommerce work, custom applications, or services outside the approved scope may require additional approval and may be subject to additional fees.
Quantum will use commercially reasonable efforts to design websites to function across commonly used browsers. Because browsers, browser versions, devices, screen sizes, and resolutions may vary, additional work may be required to support outdated browsers, legacy versions, or special compatibility requirements.
3. SmartSite Terms
SmartSite website design and development services are subject to the scope, limitations, and deliverables stated in the applicable proposal or service package.
SmartSite limitations may include restrictions on page count, product count, graphic design work, eCommerce functionality, or other project features.
Unless otherwise agreed in writing, the client is responsible for providing text content, images, logos, business details, product information, and other required materials.
Work outside the approved SmartSite scope may require additional approval and may be subject to additional fees.
4. Fees, Deposits, and Payment
Unless otherwise stated in writing, a deposit may be required before work begins. Quantum reserves the right not to begin work until the required deposit or initial payment has been received.
Any remaining balance will become due when the work is completed to the client’s reasonable satisfaction, subject to the approval and rejected work provisions of these Terms.
Final payment must be received before a website is launched live, transferred, or otherwise delivered, unless otherwise agreed in writing.
Deposits are refundable only if Quantum has not fulfilled its obligations to deliver the required work under the applicable agreement. Deposits are not refundable once development work has started and the client terminates the project or work through no fault of Quantum, or if the client accepts ownership or delivery of the project.
5. Late Payment
A monthly service charge of 1.5 percent, or the maximum amount permitted by law, may apply to overdue balances.
Any license, right to use, or transfer of ownership of intellectual property rights under the applicable agreement is conditioned on full payment of all outstanding fees, additional costs, expenses, and charges.
Quantum may suspend, restrict, or withhold services, deliverables, website launch, hosting access, platform access, or transfer of rights until all outstanding amounts are paid in full.
6. Client Materials and Website Content
The client must provide all materials and information required for Quantum to complete the work in accordance with the agreed project scope.
Client materials may include:
- Photographs
- Written copy
- Logos
- Graphics
- Product information
- Forms
- Legal disclaimers
- Privacy policies
- Terms and conditions
- Account access
- Other materials required for the project
All materials and information should be submitted before the project begins or as otherwise required by Quantum.
The client is responsible for providing complete, accurate, and authorized content in a timely manner. If the client delays providing materials or information, Quantum may extend any previously agreed deadlines by a reasonable amount.
If the client fails to provide required materials and that prevents progress of the work, Quantum may invoice for any part of the work already completed.
To keep a project moving forward, Quantum may use placeholder text, sample copy, filler images, or sample graphics for layout and demonstration purposes. Placeholder content is not final content and must be reviewed, replaced, approved, or licensed by the client before publication.
Quantum does not represent that placeholder text, sample images, or filler graphics are original, final, licensed for permanent use, or appropriate for the client’s business. The client is responsible for confirming that all final content, including copy, forms, legal disclaimers, privacy policies, terms and conditions, images, and graphics, is authorized for use.
Copywriting services, licensed graphics, non-royalty-free images, or other content-related services may be available for an additional cost.
7. Project Timelines and Client Delays
Any timeframes or estimates provided by Quantum depend on the client’s full cooperation, timely feedback, final content, required materials, and necessary approvals.
The client should appoint a single point of contact who is available to provide timely feedback and approvals during the project. Each party will use reasonable efforts to notify the other party in writing of any delay.
If the client fails to respond within seven days after Quantum’s first contact attempt, the project may be considered abandoned, and Quantum’s obligations may be deemed terminated.
A restart fee of up to 20 percent of the proposed total project amount may be required to resume work on an abandoned project.
Quantum is not responsible for delays caused by the client’s inaction, incomplete materials, delayed approvals, third-party providers, or conditions beyond the reasonable control of the parties, including natural disasters, acts of government, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism, epidemics, or similar events.
8. Revisions and Scope Changes
Quantum may provide reasonable revisions to the design or work based on the approved project scope.
Quantum reserves the right to limit the number of design proposals or revisions to a reasonable amount.
Changes to the original design specification, additional design concepts, expanded functionality, or work outside the approved scope may be treated as additional work and may be subject to additional fees.
9. Approval and Rejection of Work
Upon completion of the work, Quantum will notify the client and provide an opportunity to review the work. The client must notify Quantum in writing of any unsatisfactory items within seven days of notification.
Any work not reported in writing as unsatisfactory within the seven-day review period will be deemed approved. Once work is approved or deemed approved, the work cannot later be rejected, the contract will be deemed completed, and any remaining balance will become due.
If the client rejects work within the review period, Quantum will review the stated concerns and may perform work to remedy items that fall within the approved scope.
If Quantum, acting reasonably, determines that the client has been unreasonable in rejecting the work or refusing to approve corrected work, Quantum may treat the contract as ended and take steps to recover payment for completed work.
10. Website Launch
Final payment is due before launching the website live, unless otherwise agreed in writing.
Quantum is not responsible for delays in launching a website caused by unpaid balances, missing approvals, incomplete content, delayed client responses, domain access issues, hosting access issues, third-party platform delays, or other issues outside Quantum’s reasonable control.
11. Website Hosting and Maintenance
Quantum Digital hosting and maintenance services may include website hosting, service configuration, maintenance, updates, technical support, or related services, depending on the service package selected.
The services may be provided through shared infrastructure, third-party hosting providers, third-party platforms, or related systems.
Important service limitations, capacity limits, pricing, term length, payment terms, and other conditions may be stated through the applicable service package, Business App, proposal, or agreement.
The client is responsible for maintaining current billing information, contact information, email address, and mailing address.
Quantum may suspend or terminate hosting or maintenance services if the client violates these Terms, violates another agreement with Quantum, fails to pay amounts due, creates service risk, exceeds service limitations, or otherwise misuses the services.
12. Hosting Renewals, Billing, and Chargebacks
Hosting and maintenance services may be provided for the term selected or stated in the applicable service package, Business App, proposal, or agreement.
Unless cancelled in accordance with the applicable service process, hosting or maintenance services may renew for another term, and applicable fees may be charged to the payment method associated with the account.
The client is responsible for keeping payment information current. Quantum is not obligated to contact the client to update payment information if charges are declined.
If the client uses a credit card to pay for services, the charge may appear under a name that is descriptive of the services. The client should contact Quantum to verify any charge before contacting the credit card company.
A chargeback or payment reversal related to the services may be treated as a material breach of these Terms and may result in suspension of account access, website access, domain-related services, website content, email, hosted data, or other services.
Reinstatement may be at Quantum’s discretion and may require payment of the amounts owed, applicable reinstatement fees, and other charges.
13. Backups and Data
The client is responsible for maintaining backups of website content, data, files, images, and other materials related to the website or services.
Quantum is not responsible for restoring client data or client websites except to the extent such data loss arises out of a negligent act or omission by Quantum.
Upon termination of hosting or related services, Quantum is not obligated to return, preserve, export, or restore client data unless required by the applicable agreement or applicable law.
14. Support Services
Quantum may provide support services following completion of a website project if support is included in the applicable proposal, service package, or written agreement.
Support services may include commercially reasonable technical support and assistance to maintain or update deliverables, including correcting errors or deficiencies within the approved scope.
Support services do not include enhancements to the project or other services outside the scope of the applicable proposal. Additional support may be billed on a time and materials basis at Quantum’s then-current rates.
15. Third Party Platforms, Websites, and Services
Some Quantum Digital services may rely on or include third-party platforms, websites, applications, software, APIs, hosting providers, domain registrars, stock photography, fonts, templates, social media platforms, search engines, messaging providers, or other third-party services.
Quantum does not control, monitor, endorse, or assume responsibility for third-party websites, applications, content, software, policies, practices, platforms, or services.
Quantum is not responsible for outages, interruptions, pricing changes, policy changes, account restrictions, platform changes, data loss, functionality changes, API limitations, or service limitations caused by third-party providers.
Use of third-party websites, applications, software, content, platforms, or services may be subject to the applicable third party’s terms, conditions, fees, and privacy policies.
16. Search Engines and Marketing Performance
Quantum does not guarantee any specific position in search engine results for a website.
Quantum may perform basic search engine optimization according to current best practices when included in the applicable scope.
Quantum does not guarantee traffic levels, lead volume, review volume, review rating, customer response rate, sales increases, revenue growth, marketing performance, or other business results.
17. eCommerce
If the client’s website or services include eCommerce functionality, the client is responsible for complying with all relevant laws relating to eCommerce.
The client agrees to hold harmless, protect, defend, and indemnify Quantum and its subcontractors from any claim, penalty, tax, tariff, loss, or damage arising from the client’s or the client’s customers’ use of internet electronic commerce.
18. Email Marketing Services
If the client uses Quantum Digital email marketing services, the client is responsible for providing true, accurate, current, and complete account information and updating that information if it changes.
The client is responsible for maintaining the security of the account, usernames, passwords, files, contact lists, and other account assets. If additional users are authorized to access the account, the client is responsible for each authorized user’s use of the account and compliance with these Terms.
The client is responsible for all activity that occurs under the account and agrees to notify Quantum immediately of any unauthorized use or other breach of security.
Any terms contained in a client-provided acknowledgment, invoice, purchase order, or other form will not modify these Terms unless expressly agreed in writing by Quantum.
19. Messaging, Reviews, and Reputation Services
If the client uses Quantum Digital messaging, review, reputation management, competition tracking, or similar services, the client is responsible for obtaining appropriate consent and authorization before sending or receiving messages, review requests, SMS messages, inbox messages, or other communications with customers.
The client is responsible for the content of its messages and for ensuring that its use of the services complies with applicable laws, privacy requirements, platform rules, and consent requirements.
Messages may be accessed, monitored, and analyzed by the client and third-party affiliates for the purpose of improving the service provided.
Reputation Manager, Competition Tracker, and similar services may depend on third-party platforms, data providers, websites, APIs, or integrations. Such platforms or data sources may change, restrict access, or become unavailable.
20. Social Marketing Services
If the client uses Quantum Digital social marketing services, the client is responsible for the content, accuracy, legality, and authorization of all social media posts, pages, profiles, media, campaigns, comments, messages, advertisements, and related materials.
The client may not use social marketing services to upload, post, transmit, share, store, or otherwise make available content that is unlawful, misleading, defamatory, infringing, abusive, obscene, fraudulent, invasive of privacy, hateful, harassing, or otherwise objectionable.
The client is solely responsible for interactions with other users or users of related third-party sites.
Third-party social media platforms may modify, restrict, suspend, remove, reject, or limit content, accounts, integrations, APIs, or services at any time.
21. Mobile Services
Certain services may include mobile functionality, including mobile uploads, mobile web access, mobile applications, SMS, MMS, text messages, or other mobile communications.
Carrier messaging, data, and other rates and fees may apply. Not all mobile services may be available on all carriers, devices, operating systems, or locations.
The client is responsible for confirming whether mobile services are available for the client’s devices and whether any restrictions apply.
If the client changes or deactivates a mobile telephone number, the client is responsible for promptly updating account information to prevent messages from being sent to the person who acquires the old number.
22. Account Security and User Conduct
The client is responsible for maintaining the security of usernames, passwords, account credentials, files, platform access, and administrative permissions. The client is responsible for all activity conducted under its accounts or credentials.
The client may not use the services to:
- Violate any law, regulation, or third-party right
- Send spam, unsolicited messages, or unauthorized communications
- Upload or transmit viruses, malware, worms, or harmful code
- Collect or harvest personal information without authorization
- Impersonate another person or entity
- Post or distribute unlawful, misleading, defamatory, abusive, obscene, fraudulent, hateful, harassing, or infringing content
- Interfere with the operation, security, or availability of the services
- Attempt unauthorized access to accounts, systems, platforms, or data
- Use automated scripts, scraping tools, or similar methods in a manner that interferes with the services
Quantum may suspend, restrict, or terminate services if the client violates these Terms, violates another agreement with Quantum, fails to pay amounts due, misuses the services, or creates a service risk.
23. Client Content and Intellectual Property
The client must obtain all necessary permissions, licenses, and authority for the use of all copy, graphic images, logos, names, trademarks, and other materials supplied to Quantum for inclusion in a website, web application, or service.
The client agrees to indemnify and hold Quantum harmless from any claims or legal actions related to the content of the client’s website, application, or service.
Unless otherwise agreed in writing, the client retains ownership of its business content. Quantum retains ownership of its proprietary systems, internal tools, software frameworks, templates, methods, processes, and infrastructure.
24. Project Copyright and Portfolio Rights
The client will be assigned rights to use the completed website or web design project as a website once final payment under the applicable agreement and any additional charges have been paid.
Rights to photos, graphics, work-up files, computer programs, third-party tools, software, plugins, code libraries, and similar materials are not transferred to the client unless expressly agreed in writing and remain the property of their respective owners.
Quantum and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios, unless otherwise agreed in writing.
25. Software and Platform License
All software, platform functionality, tools, plugins, code frameworks, and related systems provided or made available through the services are licensed, not sold.
The client may not modify, copy, redistribute, scrape, reverse engineer, interfere with, or create derivative works from proprietary software, systems, tools, or platform functionality unless expressly authorized in writing.
26. Subcontracting
Quantum reserves the right to subcontract any services that Quantum has agreed to perform.
Quantum and any subcontractors engaged by Quantum remain subject to applicable confidentiality obligations described in these Terms or the applicable agreement.
27. Confidentiality
Quantum and any subcontractors engaged by Quantum will not knowingly disclose the client’s confidential information to third parties except as necessary to provide the services, use third-party providers, comply with applicable law, or enforce applicable rights.
28. Additional Expenses
The client agrees to reimburse Quantum for requested or approved expenses that are not included in the applicable proposal.
Additional expenses may include, but are not limited to:
- Templates
- Third-party software
- Stock photographs
- Fonts
- Domain name registration
- Web hosting
- Plugins
- Integrations
- Comparable expenses
29. Copyright Complaints
Quantum respects the intellectual property rights of others and prohibits users from uploading, posting, or transmitting materials that violate another party’s intellectual property rights.
If Quantum receives proper notice of alleged copyright infringement, Quantum may remove or disable access to the allegedly infringing material and may terminate accounts of repeat infringers where appropriate.
If the client believes material available through a Quantum Digital service infringes a copyright, the client may send written notice of the alleged infringement to Quantum.
30. Disclaimers, Service Interruptions, and Limitation of Liability
The services are provided on an “as is” and “as available” basis unless otherwise expressly stated in writing.
To the fullest extent permitted by law, Quantum disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and uninterrupted operation.
Quantum does not warrant that the services will be uninterrupted, error-free, secure, virus-free, or that any specific results will be achieved.
Quantum is not responsible for any loss or damage attributable to delay in performance or completion, however that delay arises.
Services may be temporarily unavailable from time to time due to maintenance, platform updates, outages, third-party providers, network issues, technical issues, events beyond Quantum’s control, or other operational reasons.
For hosting services, any remedy for unplanned or unannounced service interruptions will be limited to the remedy stated in the applicable hosting terms or service agreement.
To the maximum extent permitted by law, Quantum and its affiliates, officers, employees, agents, contractors, subcontractors, and licensors will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost data, business interruption, access delays, service interruptions, data non-delivery, data corruption, or loss resulting from unauthorized use or misuse of account credentials.
Unless otherwise required by law or stated in the applicable agreement, Quantum’s total liability for any claim arising from or related to the services will not exceed the amount paid by the client for the applicable service during the one-month period preceding the claim, but in no event greater than one hundred U.S. dollars (USD $100.00).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so portions of this section may not apply.
31. Indemnification
The client agrees to indemnify, defend, and hold Quantum, its affiliates, officers, employees, agents, contractors, subcontractors, partners, and licensors harmless from any claims, demands, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or related to:
- The client’s use of the services
- The client’s website, content, products, services, or customers
- The client’s violation of these Terms
- The client’s violation of applicable law
- The client’s violation of third-party rights
- The client’s eCommerce activity
- The client’s marketing, messaging, review, reputation, or social media activity
- Materials, data, or instructions provided by the client
32. Termination, Governing Law, and General Terms
These Terms remain in effect while the client uses the services. Quantum may suspend, restrict, or terminate services for nonpayment, breach of agreement, account closure, service risk, misuse, violation of another agreement with Quantum, or violation of these Terms.
Upon termination, the client’s right to access or use the applicable services will immediately cease. Termination does not relieve the client of any obligation to pay amounts owed.
These Terms and any applicable proposal or agreement will be governed by the law stated in the applicable proposal or agreement. If no governing law is stated in the applicable proposal or agreement, the governing law should be confirmed by Quantum before publication.
Any disputes arising out of or relating to these Terms or the services shall first be addressed through good-faith informal discussions between the parties. If a dispute cannot be resolved informally, Quantum reserves the right to require binding arbitration in accordance with the applicable agreement and applicable arbitration rules.
By using the services or communicating with Quantum electronically, the client consents to receive communications electronically, including notices, disclosures, agreements, invoices, updates, and service communications.
Quantum may update these Terms periodically. Continued use of the services following updates constitutes acceptance of the revised Terms.
These Terms, together with the applicable proposal, order, service package, statement of work, or agreement, constitute the entire agreement between the client and Quantum regarding the applicable services.
Any additional work, change in scope, amendment, or modification must be approved in writing or by email by both parties.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
If there is a conflict between these Terms and a specific proposal, order, service package, statement of work, or agreement, the more specific document will control for the applicable service or project.
No physical signature is required for electronic acceptance where permitted by applicable law.
