Summary:
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong or we forget what we agreed upon. In these terms of service agreement, you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into agreeing to something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
Consent:
The client consents to have marketing and/or web design work completed by Web Design Factor inc, and or possible contractors working for the agency.
In short
You or your company is hiring us Web Design Factor Inc. located at 9151 Starpass Dr. Jacksonville, FL, 32256 to develop a website or work on a marketing campaign for you. Of course, it’s a little more complicated, but we’ll get to that.
What do both parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project, possibly including text, images and other information as and when we need it and as agreed upon, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways, and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule that we agree on.
We have the experience and ability to perform the services you need from us, and we will carry them out in a professional and timely manner. Along the way, we will endeavor to meet all the deadlines set, but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we will also maintain the confidentiality of any information that you give us. We will start the project the date that your initial payment is received. Any estimated timeframe for completion will start from that day and/or the day you provide us with all the agreed upon information that we’ll need in order to build the website.
Getting down to the nitty-gritty
Website Design
We will setup designs for the look-and-feel, layout, and functionality of your website based on your verbal instruction or example sites you provide. This website design contract includes one main design, plus the opportunity for you to make up to two rounds of revisions. Additional changes past the two rounds of revisions may be subject to additional charges. Your website design is considered delivered when we send you the final preview of your main design, at which point final payment will be due. Your website design will go live when final payment is received, and when your requested changes have been made if any.
Your Own Design
Read this section in the instance where you decide to have us create your website based on the template/theme that you pre-select or your own design and not hours. This customer-chosen template design contract includes one main design, plus the opportunity for you to make up to one round of revisions. Additional changes past the one round of revisions may be subject to additional charges. Template-designed websites do not include design alterations unless specifically agreed upon during the initial estimate. Web Design Factor Inc. is not responsible for bugs and issues with the pre-made template/theme and fixing mentioned issues are not included in this estimate. However, we’ll be glad to help you resolve these issues for additional development cost.
Browser Testing
We will test your new web site in current versions of all major browsers, including those made by Apple, Microsoft, Mozilla, and Google.
Unlike print, different browsers display websites differently. Therefore, there may be some inconsistencies in the look of your website, depending on the browser. Web Design Factor Inc. is not responsible for this inconsistency in web browsers. Furthermore, due to our use of the latest web design coding techniques, we cannot guarantee 100% functionality in old versions (5 years old or more) of web browsers, including Microsoft Internet Explorer 6.5 and lower. Keep in mind that less than 0.5% of all internet surfers use these outdated versions of browsers.
Standards
There are many technical standards and ways of coding. Most of our projects are done on the WordPress platform unless the project requires different techniques to be used. As such we follow WordPress standards of coding and we strive to have a clean and up to date code. To give you the best price possible, we could be using multiple plugins and code libraries that are pre-made by different authors, therefore, we do not guarantee that all of the code will be written in any one specific standard. Using any specific standard is not included in your estimate; however, if you are in need of the website being built with any specific standard in mind please let us know before we start building the website. Furthermore, all of our websites are built with accessibility in mind but we can not guarantee 100% compliance with WCAG standards as they constantly involve, need updates and limit the design, look and feel of the website. If you need a fully accessible and 100% WCAG compliant website please let us know prior to the beginning of your project so we can review all the options.
Text content
Copywriting is not included in your original estimate unless we have specifically agreed upon otherwise. You are responsible for either providing, electronically or physically, the information we need to create the copy for your web site prior to the start of the project or to make yourself available at a specifically scheduled time for a phone interview through which we will ask questions about your services/products so that we may create your website copy that way.
Photographs
You will supply us photographs in digital format. For quality’s sake, we do not accept physical, scanned, or faxed photographs. If you do not have any digital photography on hand, professionally taken photographs of your industry niche are available for purchase online. These “stock photographs” are fairly inexpensive but are not included in your original estimate. Therefore, they will be billed at the end of your web site design project. Web Design Factor Inc. will not purchase any stock photography without your prior permission.
Changes and revisions
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices in your official proposal are based on the number of days that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates, or even add new functionality, that won’t be a problem, but we will ask you to put requests in writing so we can keep track of these billable changes.
Technical support
You may already have professional web site hosting. You might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own website hosting, we can set up an account for you at one of our preferred, third-party hosting providers.
If you do choose to host your website with Web Design Factor Inc., we will provide technical support. If you choose to host your website elsewhere, we will not provide any technical support regarding your hosting platform. This includes any problems with your domain name, email, a web site being down or slow, etc. Though we are not a hosting company, we do feel it is in your best interest to choose our hosting because we will be able to provide you with 100% service for everything regarding your website hosting.
Hosting Services
When it comes to hosting services you have more than a few options with us.
You can sign up and set up for your own hosting and domain name services and provide us with the necessary credentials to build you a website.
Or as most of our clients prefer, for your convenience we’ll set up hosting and domain services, install the necessary SSL certificate and software, setup billing though us and just present you with a final product. We’ll also worry about yearly renewals.
We have several reseller accounts with various hosting providers to insure the best fit for your project. Note: We do not sell hosting services separately so you can keep our hosting as long as you keep your website with us. If you decide to move or cancel your website we’ll provide you with what is called “cPanel Administration” which will allow you to duplicate and migrate your website files.
Although we’ll strive to provide you with 99% uptime on your website and your email, in the computer world there can sometimes be hiccups along the way. Computers get broken and servers go down. We’ll do everything in our power to make sure all your services (email, website, databases, etc) work as intended and if problems arise we’ll resolve them in best & most timely matter; however, we are not liable for any damages caused by service(s) downtime.
Legal stuff
We can’t guarantee that the functions contained in any web page templates/themes or in a completed website will always be error-free, and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Phew.
Copyrights (READ THIS PART! IT’S VERY IMPORTANT FOR YOU)
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good self or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. You also own text content, photographs and other data you provided unless someone else owns them.
We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design.
Payments
We are sure you understand how important it is for a small business that you promptly pay the invoices that we send you. Keep in mind that the initial deposit is non-refundable as we will start the work as soon as you send us the payment. Deposit is due before we start the project. You also agree to stick to agreed-upon payment schedule.
But where is all the horrible small print?
Just like a parking ticket, you cannot transfer your contract to anyone else without our permission. This agreement stays in place and need not be renewed. If for some reason, one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of U.S. courts.
The dotted line:
By clicking “Accept” in your proposal you are electronically signing this agreement and you are agreeing that you have read, understood and that you agree with this website agreement.
If something in this agreement doesn’t make sense to you, please feel free to ask us and we’ll be glad to explain it in more detail.
