Web Design & Development Terms of Service
Last Updated: 10/07/2012
General Terms for Design & Development
You must accept the terms of this Agreement in order to use the Services. TraitDesign reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the TraitDesign Web site (the "Site"). Your continued use of Services following TraitDesign's posting of any changes or modifications will constitute your acceptance of such changes or modifications.
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."
Nondisclosure
The Developer, 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.
Limited Liability
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.
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.
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..
Ø Purpose of the website
Ø Amount of pages
Ø Content Management System
Ø Graphics/Design
Ø Programming
Ø 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 under $3000 will require 50% down payment. All projects over $3000 will require a 35% deposit. 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)
No Contact From Client
All Clients must pay a 50% deposit before the start of the project. The remainder will be paid on website completion. If the project is at least 80% finished and there is no response or contact from the client for at least 1 week, TraitDesign has the right to charge the clients credit card for the remainder. TraitDesign will finish the project when the client decides to make contact and has the needed information/specifications to finish the project.
Refunds
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 25% (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 40% (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.
Design & Revisions
TraitDesign takes pride in providing attractive designs, and the vast majority of our clients are very pleased with the designs we create for them. However, design is a subjective art, and not everyone’s tastes are the same. While we will gladly make initial minor modifications for no additional charge, it is important to be clear on how revisions to the look of a website design are handled and at what stage they are handled.
There are a few stages involved in creating a website. One of the stage is the design creation. This is before any programming is done while creating a design with graphic design software such as Photoshop or Fireworks. Design preferences should be specified at that time, during the design stage. If the client develops preferences or changes his/her mind after programming, any design adjustments will be made by the hour at $70.00 per hour.
Website Maintenance & Support
During web design & development, the work period starts after the initial deposit is made. The developer is available by email & phone during regular business hours. Email is preferred but tasks and issues that need immediate attention can be resolved by phone. Full support is given during the work period. The work period ends after all of the initial requirements are met and the final invoice is paid.
After development, the client has the option of signing up for website maintenance. If the client does not purchase a website maintenance service, they will not receive continued ongoing support unless something was not done right or completed. TraitDesign, nor any web development companies to our knowledge provide free ongoing support. If there was an error somewhere, TraitDesign developer will gladly fix it but if it is not from our doing, the client will be charged a fee of $70.00 per hour.
Terms of Content
When a web development service is purchased, it includes the functionality of the website. Some websites will have a shopping cart, photo gallery, image gallery or other forms of content storage and display. The developer IS NOT responsible for adding content. The developer will create the functionality only and will upload 1-5 products/Images/Videos/etc and then show the client how to add more. If the client needs uploading of products/images/videos/etc, then a website maintenance service needs to be opened for an hourly rate.
Content Creation
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.
Proposal & Scope
The client will get 3 documents from TraitDesign before the start of any project.
1. Project Proposal - This will include a summary of each project area along with a quote
2. Project Scope - All website functionality and aspects must be documented in the Project Scope Document sent to the client from TraitDesign. Anything outside of that document needs to be treated as a separate scope of work and needs to be quoted for.
3. Standard Terms of Service - This document
Web Hosting
The client is free to use any web hosting provider that they choose for this project. TraitDesign offers a cpanel web hosting service. Hosting is occasionally offered free for 3 months to web design & development clients if they choose. After the free period is finished regular charges will occur.
If the website is hosted by TraitDesign, the client will receive continued support for hosting only. Hosting support includes downtime, server issues, email, FTP, etc. It does not include website maintenance. Website maintenance only continues if the client has a website maintenance contract.
Cross Browser Compatibility
This agreement includes the creation of a Web site viewable in the latest versions of major browsers (including Internet Explorer, Mozilla and Firefox, and Opera.) Compatibility is defined herein as all critical elements of each page being viewable and functional in all modern 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.
Browsers TraitDesign Does Not Support:
- IE7 and under
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 are not included in the quote and must be purchased by the client.
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.
Search Engine Optimization
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. Please see http://www.traitdesign.com/index.php/services/seo-packages.
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.
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.
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.
"Website by" Line
A small line stating "Website by TraitDesign" with a link to our site will be added to the footer of the website. The client may request to remove the sign for an additional fee of $75. There are cases where the fee can be waived such as clients outsourcing work to TraitDesign.
Cancellation
Cancellation of the project at the request of the Client must be made by certified letter. In theevent 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 deposit. In the event this amount is not sufficient to cover the Developer for time ($70 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.
Entire Understanding
This contract and the Appendices attached thereto constitute the sole agreement between the
developer and the client regarding this project. It becomes effective when any web design & development service is purchased. 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.