Terms and Conditions
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 Douglas Web & Graphic Design, Inc DBA Douglas Web Designs® for its clients.
2. OWNER/USER DEFINITION
Most importantly it is required that a single point of contact be appointed and be made available on a daily basis in order to expedite the feedback process. The owner of Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® (Paul Douglas) shall be referred to as ‘Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs®’ or ‘we’. The company in contract with Douglas Web & Graphic Design, Inc shall be referred to as ‘you, your, or company’ and may also be referred to as the ‘single point of contact’ entering into terms or contract with Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® The term ‘work’, ‘design’ or ‘project’ shall refer to the website or application under contract.
3. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
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 Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® 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 printed material. Where there is any delay in supplying these materials to Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® 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 very 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 or design will be charged at the rate of $75.00 per hour.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation pertaining to be not exclusive to all complete and final content or 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 the
- 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
Upon completion of the work you will be notified and will have the opportunity to review the project. You must notify Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® in writing via email of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® 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 and 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 do not approve subsequent work performed by Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® 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.
Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.
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 Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® to include in your website or web applications.
You must indemnify Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® and hold Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® harmless from any claims or legal actions related to the content of your website.
Once you have paid Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
11. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice unless contracted to perform search engine optimization specifically for your project at additional cost, unless otherwise stated in a search engine optimization contract.
12. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you or your company may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises. We shall not be liable for any loss or damage which you or your company may suffer due to the design, layout or content of the website or application under contract either verbally or signed.
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 we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® 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.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information, emails or phone numbers to any third party.
16. ADDITIONAL EXPENSES
You agree to reimburse Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® 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 which are typical to the development of a website or application.
Unless otherwise agreed to in contract, you are responsible for maintaining your own backups with respect to your website and we 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 Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs®. Copies of all content placed on a mobile thumb drive can be obtained for the cost of ninety-nine dollars.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf once you have reimbursed Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® for any expenses that we have incurred. We will offer basic admin area descriptions and capabilities. Lessons are available for you or the single point of contact for working with the WordPress admin area at an additional fee.
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 Michigan and the United States of America. You and Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® submit to the non-exclusive jurisdiction of the courts in and of Michigan and the United States of America 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”, Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® endeavor 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. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found. It is recommended that users of your website be informed to download and install the latest versions of modern browsers in order to enjoy the full effect of your website or application.
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 Douglas Web & Graphic Design, Inc. DBA Douglas Web Designs® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from you or your clients use of Internet electronic commerce.