Terms and Conditions
THIS DOCUMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BARKIS & CO., INC.
1. AGREEMENT AND APPLICABILITY
This website (https://www.barkis.com) is owned and operated by Barkis & Co., Inc. (“Barkis & Co.”).
By accessing this Site or engaging Barkis & Co. for services through any form of communication, request, estimate, approval, invoice, or payment, you agree to these Terms.
If a separate written agreement is executed, that agreement governs. Otherwise, THESE TERMS CONTROL.
2. SERVICES
Barkis & Co. provides services within:
Barkis & Co. may modify, expand, or discontinue services at any time.
3. STANDARD PROJECT WORKFLOW
Client acknowledges and agrees to the following standard process:
Request → Estimate → Approval → Invoice → 50% Deposit → Work Commences → Completion → Final Balance Due
Approval (written or implied) constitutes acceptance of scope, pricing, and these Terms.
ALL WORK PERFORMED IS BILLABLE.
4. SCOPE AND DISCRETION
All scopes, timelines, and estimates are non-binding projections.
Barkis & Co. retains sole discretion to:
– Adjust scope and hours
– Modify approach
– Allocate resources
– Refuse or terminate work
5. FEES, BILLING, AND PAYMENT
Standard Rate: $150/hour
Minimum Billing Increment: 0.25 hour
Standard Payment Terms:
– 50% deposit required to begin work
– 50% due upon completion
If alternative terms are agreed upon, they must be outlined in writing and will override standard terms.
Invoices are due upon receipt unless otherwise stated.
Late payments incur 1.5% monthly interest.
Barkis & Co. may:
– Pause or stop work
– Withhold deliverables
– Revoke access
– Terminate services
6. RUSH FEES
Rush or expedited work may incur up to a 50% surcharge.
7. RETAINERS, SUBSCRIPTIONS, AND PRIORITY
Priority and reserved capacity are only granted under active paid retainers or service plans.
No guaranteed availability without such plans.
8. HOSTING AND SERVICE LEVEL
Barkis & Co. provides Managed Website Hosting.
Barkis & Co. assumes responsibility for hosting performance ONLY if:
– Client is actively paying for Managed Hosting
Even then:
– Services are provided using commercially reasonable efforts
– No guarantee of uninterrupted uptime
Barkis & Co. is NOT liable for:
– Third-party failures
– Plugin or platform issues
– External outages
If not hosted with Barkis & Co.:
– ZERO liability for uptime or performance
9. CLIENT RESPONSIBILITIES
Client must:
– Provide accurate, lawful content
– Respond in a timely manner
– Maintain rights to all provided materials
Barkis & Co. is not liable for client-provided content.
10. NO GUARANTEE OF RESULTS
Barkis & Co. makes no guarantees regarding:
– Revenue
– Leads
– SEO rankings
– Marketing performance
– Website functionality beyond scope
11. TRAVEL AND EXPENSES
Client agrees to reimburse all reasonable expenses including:
– Travel
– Lodging
– Materials
– Production costs
Travel time may be billable.
12. INTELLECTUAL PROPERTY
Upon full payment:
– Client receives ownership of final deliverables
Barkis & Co. retains:
– All working files and methods
– Permanent authorship rights
– Portfolio usage rights
These rights are non-transferable.
13. THIRD-PARTY SERVICES
Barkis & Co. is not responsible for:
– Hosting providers
– Software platforms
– APIs
– Plugins or integrations
14. LIMITATION OF LIABILITY
Barkis & Co. is not liable for:
– Loss of revenue
– Downtime
– Data loss
– Business interruption
Maximum liability is limited to fees paid in the prior 3 months.
15. TERMINATION
Either party may terminate at any time.
Client remains responsible for all billable work performed.
16. INDEMNIFICATION
Client agrees to indemnify and hold harmless Barkis & Co. from any claims arising from:
– Client content
– Client misuse
– Legal violations
17. DISPUTE RESOLUTION
All disputes shall be resolved via binding arbitration in California.
No class actions permitted.
18. GOVERNING LAW
California law applies.
Venue: Monterey County.
19. SITE USE AND GENERAL TERMS
Includes:
– Electronic communications
– Third-party links
– Intellectual property protections
20. CHANGES
Barkis & Co. may update these Terms at any time.
Contact Us
Barkis & Co. welcomes your questions or comments regarding the Terms:
Barkis & Co, Inc.
1401 21ST STREET SUITE R
SACRAMENTO, California 95811
Email Address:
Telephone number:
831-920-2141
Effective as of January 01, 2026