Terms of Service

1. Authorization

The above named client is engaging TraitDesign as an independent contractor for the specific purpose of developing a World Wide Web site to be installed on the client's Web space located on an Internet Service Provider's (ISP) server. Hereafter, the client will be known as the "Client" and TraitDesign will be known as the "Developer."

2. Hosting Service

The client is free to use any web hosting provider that they choose for this project. TraitDesign offers a cpanel web hosting service free for 3 months to our web design & development clients if they choose. It will then be $3.95/mo for our “Simple” package which fits most small to medium sized websites.

3. Domain Registration

TraitDesign does register domains for $14.95. We are not a domain registrar; all domains are registered manually through enom.com. If the client has a domain name already and wants to use TraitDesign hosting, the domain nameservers should be changed to..

Ns1.traitdesign.com

Ns2.traitdesign.com

4. Payment Terms & Quote

Free Quote & Consult

TraitDesign offers free quotes and a full consultation on all web design and development services. Some things that will be asked to determine the quote will include..

Purpose of the website
Amount of pages
Content Management System
Graphics/Design
Programming
Content

All aspects of what the client is looking to include in the website MUST be discussed BEFORE the project starts. If the client asks for something else to be included in the website (extra pages, programming, graphics) during the project, they will be charged accordingly.

Payment Terms

All web design and development projects will require 35% down payment. The final balance will be due before it is released to the client or published to the internet.

TraitDesign accepts the following payment methods.

ü Online Invoice (Credit Card or Paypal)

ü Check/Money Order

ü Cash (If Local)

Refunds

TraitDesign requires a down payment of 35% before the project starts. All projects will be given a start date and an end date at the initial consultation. A request to terminate services must be presented to TraitDesign in writing.

Refund Amounts will be calculated in the following ways:

1. A cancellation fee of 20% (twenty percent) of the down payment will be retained for projects that have been booked, but cancelled prior to the start date.

2. A cancellation fee of 30% (thirty percent) of the down payment will be retained for projects that have been started and are in the design process.

3. Projects that are in the development process at the time the request for termination is received will have no refund of their down payment.

Refunds will be given within 30 days of cancellation.

5. Scope

Specific to clients project

6. Text

Final text will be supplied by the Client. Writing or content creation can be provided by TraitDesign for additional charges. Transcription from non-digital media can be provided by TraitDesign for additional charges as well. If preferred, a separate quote can be provided as an amendment to this agreement.

7. Cross Browser Compatibility

This agreement includes the creation of a Web site viewable in the latest versions of major browsers (including Internet Explorer, Netscape Navigator, Mozilla and Firefox, 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 on the Internet may require a more recent browser version and brand or plug-in. Client is also aware that as new browser versions of browsers 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 in addition to the base price of our agreement.

8. Graphic Creation / Banner Advertisements

Images that are not stock or not considered “part of the design” will be supplied by the client. Charges for design, graphics, banners should be included in the quote.

9. Online Forms

1 online contact form is included in this quote. Contact forms can have any of the following field types..

ü Textbox
ü Text Area
ü Select List
ü Checkbox
ü Yes/No
ü File Upload
ü Captcha

10. E-commerce

Ecommerce development includes the choosing of a shopping cart platform and building on that.

Processing Choices…

PayPal or other 3^rd party: We can develop an ecommerce system for significantly less if the client plans to use only PayPal or another 3^rd party merchant for transactions.

On site processing/SSL: If the client wishes to process credit card transactions on site, the client will need to purchase an SSL certificate from a 3^rd party as well as a merchant account. TraitDesign recommends Authorize.net or PayPal Pro for merchant services. SSL/on site processing ecommerce sites are generally $500+ more than PayPal carts depending on if TraitDesign will have to handle SSL and merchant services.

11. Databases

TraitDesign will install and configure 1 MySQL database on the web host for the CMS to use.

12. Maintenance

Website maintenance is not included in this quote and will need to be considered a separate service. Maintenance is generally $40 per hour with a 1 hour minimum per month.

13. Client Amends

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 in section 5 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 table or layer structure to accommodate a substantial redesign at the clients request
Recreating or significantly modifying the company logo graphic at the Client's request.
Replacing more than 50% of the text to any given page at the Client's request.
Creating a new navigation structure or changing the link graphics at the Client's request.

Clients who anticipate frequently changing the look of their site during the design process and clients who desire to be intricately involved 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 charge will be $150/hour. Moderate changes, however, will always be covered during our development of the site.

14. Maintenance Agreements

Maintenance Agreements are negotiated on a Client by Client basis as each Client will have differing needs. This is another way the Developer seeks to help the Client control cost. No maintenance is included in this agreement. If ongoing maintenance is desired pricing will be included in an amendment to this agreement.

Developer offers two kinds of maintenance agreements. In one, the Client pays a fixed monthly rate for such things as changing price to an item, adding additional inventory, making moderate graphic changes, and coordinating delivery of the Web site with the Host Provider. In the other agreement, the customer pays on an 'as needed' hourly basis.

15. Third Party or Client Page Modification

Some Clients will desire to independently edit or update their Web pages after completion of the site as a way to control costs and avoid the expense of a Maintenance Agreement. This is always an option for Clients of the Developer. Note however, that if this option is selected and the Client or an agent of the Client other than the Developer attempts to update the Web site and damages the design or impairs the ability for the Web pages to display or function properly, time to repair the Web pages will be assessed at an hourly rate of $100. There is a one hour minimum.

16. Creation of Archival CD

The Developer will create one copy of the Client's Web site on CD at the Client's request upon completion of the site. Additional copies of the CD are available for $25.00 each.

17. Search Engine Registration

The Developer will optimize the Client's Web site with appropriate titles, keywords, descriptions and text for basic search engine rankings. The Developer also offers advanced search engine optimization and site promotion services. If advanced search engine optimization and site promotion services are desired pricing will be included in an amendment to this agreement.

18. Assignment of Project

The Developer reserves the right to assign certain subcontractors to this project. The Developer warrants all work completed by subcontractors for this project. When subcontracting is required, the Developer will only use industry recognized professionals.

19. Additional Expenses

Client agrees to reimburse the Developer for any critical Client requested expenses necessary for the completion of the project. Examples would be:

Purchase of specific fonts at the Client's request,
Purchase of specific photography at the Client's request.
Purchase of specific software at the Client's request.

20. 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 Web site 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 and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

21. Limited Liability

Client agrees that any material submitted for publication will not contain anything leading to an busive 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.

22. Indemnification

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 Web site. This includes Liabilities asserted against the Developer, its subcontractors, agents, clients, servants, officers and employees, 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 assigns.

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 orotherwise distributed over the Client's Web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product ormisinformation which is detrimental to another person, organization, or business.

23. Laws Affecting Electronic 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 and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's use of Internet electronic commerce. Client also understands that the Developer can not provide legal advice.

24. 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.

25. Design Credit

Client agrees that the Developer may put a byline on the bottom of their primary or ‘home’ Web page establishing design and development credit. Client also agrees that the Web site created for the Client may be included in the Developer's portfolio.

26. Nondisclosure

The Developer its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this 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.

27. Author Referral Commission Program

The Developer recognizes 'word-of-mouth' advertising as our most favorable method of developing new business. As such, we want to reward customers who are pleased with our work and refer us to another individual, business, or organization. If you refer our services to another party and we ultimately establish a contract with that party, we will provide you, the Client, with one month of free maintenance service (not to exceed eight hours).

28. Completion Date

The Developer and the Client must work together to complete the Web site in a timely manner for both parties to remain profitable. A rough draft will be available online within two weeks after receipt of deposit. Site will be completed within three weeks after approval of rough draft. Client agrees to provide Developer with any and all content, graphics, and other information necessary to complete the Web site within sixty (60) days of the date the Agreement is signed. Should Client not provide Developer with all content, graphics, and other information within sixty (60) days of the date the Agreement is signed, payment in full for completed work will be due immediately and the contract will be considered completed.

29. Cancellation

Cancellation of the project at the request of the Client must be made by certified letter. In the event that work is postponed or canceled at the request of the Client by registered letter, the Developer shall have the right to retain the original 40% deposit. In the event this amount is not sufficient to cover the Developer for time ($150 per hour) and expense already invested in the project additional payment will be due. If additional payment is due, this will be billed to the Client within 10 days of notification via registered letter to stop work. Final payment will be expected under the same terms as listed in Article 13 above.

30. Arbitration

Any disputes in excess of $1,000 (or the maximum limit for small claims court) 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.

31. Entire Understanding

This contract and the Appendices attached thereto constitute the sole agreement between theDeveloper and the Client regarding this project. It becomes effective only when signed by bothparties. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Developer. Both parties warrant that they have read and understand the terms set forth in this agreement.