- Web Hosting
- Domain Registration
- Website Maintenance
- Cross browser compatibility
- Graphic Creation
- Online Forms
- Payment Terms
- Client Amends
- Third-Party or Client Modification
- Search Engine Visibility
- Copyrights & Trademarks
- Limited Liability
- Law Affecting E-commerce
- Ownership of Web Pages and Graphics
- Displaying our work
- Completion Date
The Developer will secure the hosting service on behalf of the Client. Check out our amazing hosting plans, plus a one-time $25 setup fee. The setup fee is
non-refundable. Cancellation of the hosting service at the request of the Client must be made by certified letter. In the event that the hosting service is cancelled at the request of the Client, the Developer shall have the right to prorate the service for a partial month, plus a 10% cancellation fee. Any refund due will be mailed within 15 days of receipt of certified letter.
If the client secures web hosting on it’s own
The Client has secured hosting services and must provide the Developer with account details to upload the website design. The Client will not owe any website hosting or domain registration fees to the Developer and moving forward it is the Client’s sole responsibility to maintain these services to keep the website operating.
The Developer will register the Client’s desired domain name. Find your domain.
IF THE CLIENT SECURES DOMAIN ON THEIR OWN
The Client has registered the domain with any domain provider and it is the Client’s sole responsibility to maintain this registration from year-to-year to keep the website operating.
Website Maintenance Agreements
Our On-going maintenance and website update requests by the Client starts from $59 per month, You can checkout our other WordPress care plans too. Any additional time spent on maintenance within the month will be billed in 15-minute increments. If the Client expects to make frequent changes to the site, a long-term maintenance agreement may be negotiated to suit the Client’s needs.
Final textual content will be supplied by the Client unless noted otherwise in the Project Scope.
Cross Browser Compatibility
This agreement includes the creation of a website viewable in the latest versions of major browsers, including Internet Explorer, Mozilla Firefox, Apple Safari, Google Chrome and Opera. Compatibility is defined herein as all critical elements of each page being viewable and functional in all browsers. Client is aware that some advanced techniques may require a more recent browser version or plug- in. Client is also aware that as new browser versions are developed, the new browser versions may not be backward compatible. In the absence of a Maintenance Agreement, time spent to redesign a site for compatibility due to the introduction of a new browser version will be separately negotiated and is not included in the base price of this agreement.
All graphics (photographs, logos, artwork or other) will be provided by the Client. Charges for the creation of graphical elements by the Developer are beyond the scope of this agreement and will be billed separately.
This agreement does not include surveys/forms unless noted in the Project Scope.
This agreement does not include e-commerce unless noted in the Project Scope.
This agreement does not include databases unless noted in the Project Scope.
A minimum deposit of fifty percent (50%) is required to commence work unless noted in the Project Scope.
Once the initial deposit is received, the Developer will present basic design concepts and a preview of the agreed upon work to the Client within two weeks. During this phase, communication between the Client and the Developer is crucial to ensure that the Client’s needs are met in an efficient manner. Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design via e-mail or by signing a printed copy of the design.
The Client agrees to provide the Developer with all text, content, graphics or other information necessary to complete the website within sixty (60) days of the date of this contractual agreement. Should the Client not provide the Developer the necessary information to complete the design within the sixty (60) day timeframe, payment in full for completed work will be due immediately and the contract will be considered complete.
Upon completion of the website, an e-mail and invoice will be sent to the Client advising the Client that work has been completed. Final payment of the remaining
50% balance plus any additional charges incurred will be due within fifteen (15) business days after delivery of this invoice. If the fifteen (15) day minimum is not met, an additional 10% late fee will be added to the invoice. If payment is not made within thirty (30) days of notification, simple interest will accrue on the balance owed at a rate of 18% from the date of the 10% penalty was levied. Developer reserves the right to remove all Web content from the Internet if payment is not made within thirty (30) days after delivery of our completion notification.
The Developer allows the Client up to two (2) revisions of the website before a final draft is submitted. All changes thereafter are subject to additional charges.
The Developer understands that the Client may request significant design changes to pages that have already been built to the Client’s specification. To that end, please note that our agreement does not include a provision for “significant page modification” or creation of additional pages in excess of those specified above. If significant page modification is requested after a page has been built to the Client’s specification, additional charges will apply.
Some examples of significant page modification at the request of the Client include: • Developing a new layout or structure to accommodate a substantial redesign. • Recreating or significantly modifying the company logo graphic.
• Replacing more than 50% of the text to any given page.
• Creating a new navigation structure or changing the link graphics.
Clients who anticipate frequent changes to the look of their site during the design process and Clients who desire to be intricately involved in the design of each page are encouraged to negotiate an agreement which exceeds the scope in section 5 above. If significant page modification is requested by the Client beyond the scope of section 5, the work will be billed at a rate of $100 per hour. Minor modifications, however, will be covered during the development of the site.
Third Party or Client Page Modification
Some Clients will desire to independently edit or update their websites after completion of the site as a way to control costs and to avoid the expense of a Maintenance Agreement. This is an option for Clients of the Developer, and a tutorial can be provided to assist you if you choose this option.
However, if this option is selected and the Client or an agent of the Client other than the Developer attempts to update the website and damages the design or impairs
the ability for the pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $100 per hour with a one hour minimum.
Search Engine Visibility
The Developer will optimize the Client’s website with correct use of HTML, appropriate titles, keywords, descriptions and text for basic search engine rankings. Note that while the Developer will complete the project using basic search engine optimization techniques, the Developer does not make any guarantees about placement in the search engine result pages. Every search engine employs a custom algorithm to determine their rankings and it is important to realize that obtaining substantial search engine improvements must include a detailed marketing plan, which is outside the scope of this agreement.
Copyrights and Trademarks
The Client represents to the Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to the Developer for inclusion in the Client’s website are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend the Developer from any claim or suit arising from the use of such elements provided by the Client.
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive
and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material or use of those materials.
Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Developer’s development of the Client’s website. This includes Liabilities asserted against the Developer that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assignees.
Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization or business.
Laws Affecting E-commerce
The Client agrees that it is responsible for complying with the laws, taxes and tariffs related to e- commerce, and will hold harmless, protect and defend the Developer from any claim, suit, penalty, tax or tariff arising from the client’s use of internet electronic commerce. Client also understands that the Developer cannot provide legal advice.
Ownership of Web Pages and Graphics
Copyright to the finished assembled work of Web pages produced by the Developer and graphics shall be vested with the Client upon final payment for the project. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books and we have right to display our seal of trust on every website we create mentioned as;
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The Developer agrees that, except as directed by the Client, it will not at any time during or after the term of the Agreement disclose any confidential information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about the Developer to another party.
The Developer and the Client will work together to determine a completion date for the project discussed in this Agreement. Unless the scope of the project dictates otherwise, a rough draft will be available within one (1) week after receipt of deposit. Site will be completed within three (3) weeks after rough draft is approved.
Cancellation of the project at the request of the Client must be made by certified letter. In the event that work is postponed or cancelled at the request of the Client by registered letter, the Developer shall have the right to retain the original 50% deposit.
Any disputes in excess of $1,000 arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed upon Arbitrator suitor pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of the Developer.