5 Lakes Technologies LLC - Standard Terms and Conditions
Effective Date: 10/13/2024
Welcome to 5 Lakes Technologies LLC. These Terms and Conditions apply to all services and products provided under our two divisions: 5 Lakes Technologies (web services) and 5 Lakes Sales (air filters). Please refer to the appropriate section based on the nature of your transaction.
Section 1: Terms for 5 Lakes Technologies (Web Services)
Applicable to customers using our web design, development, hosting, SEO, and digital marketing services.
1. General
These Standard Terms and Conditions of Sale (“Terms”) apply to all sales and services provided by 5 Lakes Technologies LLC under the trade name “5 Lakes Technologies.” By purchasing services from Seller, the client (“Customer”) agrees to these Terms. Any different or additional terms set forth in any other document provided by the Customer are hereby rejected.
2. Services Provided
Seller offers web services including, but not limited to, website design, development, hosting, SEO optimization, Google Business profile management, and other related digital services. Specific terms of each service will be outlined in individual proposals or contracts.
3. Payment Terms
Unless otherwise agreed in writing, all payments are due upfront. Accepted payment methods include Credit Card (processed via Stripe) and ACH. Payment must be received before any work begins, and failure to make timely payment may result in delay or cancellation of services.
For any services that are approved under Net 30 payment terms, payment will be due within 30 days from the date of the invoice. In the event that the Customer fails to pay the full amount due by the payment deadline, interest will accrue on the outstanding balance at a rate of 15% per annum, calculated from the due date until full payment is received. Seller reserves the right to suspend services or take further actions if payment is not made within the agreed timeframe.
4. Deliverables and Scope Changes
All deliverables and timelines for projects will be specified in individual proposals. Any changes to the scope of work after acceptance of the project may require a revised Purchase Order (PO) or an additional charge based on the size and complexity of the change. Seller will communicate any potential cost or timeline adjustments to the Customer before proceeding.
5. Warranties and Liability
Seller provides all services on a best-effort basis. No warranties are made regarding uptime, functionality, or the performance of delivered products or services. Seller is not liable for any delays or failures to meet delivery timelines but will use reasonable efforts to meet agreed-upon deadlines.
6. Support and Maintenance
Ongoing support and maintenance services, such as website updates or SEO adjustments, are not included in the initial sale unless specified in the proposal. These services are available under a separate contract, with terms to be negotiated as needed.
7. Termination and Cancellation
The Customer may cancel services at any time by providing written notice to Seller. However, no refunds will be issued for any prepaid amounts or services that have already been rendered. This includes long-term services such as hosting or SEO management.
8. Ownership and Licensing
Upon full payment of all amounts due, the Customer will own the rights to the web application, website, or other deliverables. However, Seller retains rights to any reusable code, design elements, or proprietary technologies used in the project. The Customer may request and receive a copy of the code to host elsewhere, but Seller will keep a copy for its records and potential future use.
9. Confidentiality
Both parties agree to keep confidential any proprietary or confidential information disclosed during the course of the project. This includes, but is not limited to, business plans, customer data, code, and project details. Neither party will disclose such information to third parties without prior written consent, except as required by law.
10. Limitation of Liability
To the maximum extent permitted by law, Seller's liability for any claims arising out of the provision of services is limited to the amount paid by the Customer for the specific service or project giving rise to the claim. Seller will not be liable for any indirect, incidental, or consequential damages, including but not limited to lost profits, lost data, or business interruptions.
11. Force Majeure
Seller will not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, labor disputes, governmental actions, or technical failures.
12. Governing Law and Jurisdiction
These Terms and any disputes arising out of or related to them will be governed by and construed in accordance with the laws of the State of Michigan. Any disputes will be resolved exclusively in the courts of Petoskey, MI.
13. Entire Agreement
These Terms, along with any applicable proposal or contract, constitute the entire agreement between the parties and supersede any prior agreements or understandings.
Section 2: Terms for 5 Lakes Sales (Air Filters)
Applicable to customers purchasing air filters and related products from 5 Lakes Sales, a division of 5 Lakes Technologies LLC.
1. General
These Standard Terms and Conditions of Sale (“Terms”) apply to all sales of air filters and related products provided by 5 Lakes Technologies LLC under the trade name “5 Lakes Sales.” By purchasing products from Seller, the customer (“Customer”) agrees to these Terms. Any different or additional terms provided by the Customer are hereby rejected.
2. Products Offered
Seller offers a variety of residential air filters and related products. Product specifications are listed on the product pages. It is the Customer’s responsibility to ensure the product meets their specific needs.
3. Payment Terms
Payment is due at the time of purchase. Accepted payment methods include credit cards (processed via Stripe). PayPal is not accepted.
4. Shipping and Delivery
Seller offers free standard ground shipping to the contiguous United States. Shipping times vary based on location and availability. Seller is not responsible for delays caused by the shipping carrier.
5. Returns
Returns are not currently offered. Customers should verify the specifications and suitability of the product before making a purchase.
6. Warranties and Liability
Seller does not offer any warranties on products beyond the manufacturer’s warranty. Seller is not responsible for any defects or damages beyond this scope.
7. Limitation of Liability
Seller’s liability for any claims related to the sale of products is limited to the amount paid by the Customer for the product in question. Seller is not liable for indirect or consequential damages.
8. Governing Law and Jurisdiction
These Terms and any disputes arising out of or related to them will be governed by and construed in accordance with the laws of the State of Michigan. Any disputes will be resolved exclusively in the courts of Petoskey, MI.