Web Design/Development Terms and Conditions
Your New Website
Back to “Your New Website”
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Dawn Blanchard (designer) for client/s (person or business purchasing the design and development of a website).
2. OUR FEES AND DEPOSITS
A 100% upfront payment of the total fee is due immediately upon you instructing us to proceed with the website design and development work based on a quote. Quotes will be sent through email, and agreements to proceed can be received in response to that quote. Printed copies can be mailed if requested. Terms of refunds and “approval of work” and “rejected work” clauses are below. We reserve the right not to commence any work until the agreed amount has been paid in full. If the quote is over $1,500 the designer and the client have the opportunity to enter into a 50% payment upfront, 50% due upon completion of the project when the client is ‘reasonably satisfied’.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other material delivered in a digital format either through the mail, or external storage (zip, thumb or CD). Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $120.00 per hour with a one hour limit.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed. If there is an agreement for two payments, then the 50% balance of the project price will become due.
7. REJECTED WORK
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
If the client wishes to cancel the contract and cancel the website, a 25% kill fee will be kept, and 75% of the fee will be returned within 7 days of written notification of cancellation. If cancellation is not received in writing the cancellation is not considered official and no refund will be given.
Payment is accepted through PayPal or by check. Work will not commence until complete payment is received.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You the client agree to indemnify the designer and hold the designer harmless from any claims or legal actions related to the content of your website.
Once you (client) have agreed the site is completed to your reasonable satisfaction, we grant to you a license to use the website and its related software and contents for the life of the website. All user names, passwords and other ownership will be provided to the client so they may maintain, edit and manage the site at that point. The client agrees and understands that the designer is no longer responsible for any further work on the site without other charges being incurred.
11. SEARCH ENGINES
The designer does not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
12. CONSEQUENTIAL LOSS
The designer shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services the designer provides to you are excluded. Without limiting the above, to the extent permitted by law, any liability of The designer under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
The designer reserves the right to subcontract any services that we have agreed to perform for you as we see fit.
The designer (and any subcontractors they engage) agree that the designer will not at any time disclose any of your confidential information to any third party.
16. ADDITIONAL EXPENSES
The client agrees to reimburse The designer for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
The client is responsible for maintaining their own backups with respect to their website and The designer will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us once the site is completed.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
The designer will supply the account credentials for domain name registration (if purchased) and/or web hosting that was purchased on your behalf when the client reimburses The designer for any expenses incurred. It is agreed that the cost of a domain name or hosting is not included in this agreement. It is understood that any website designed and developed in a WordPress environment that is free will be free unless WordPress chooses to incur fees. The designer will not be liable for any fees once the website design and development is completed.
19. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the United States. The client and The designer submit to the non-exclusive jurisdiction of the courts in and of the U.S. in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
20. CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Wordpress”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify The designer and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.