Between Client & BestWebsiteService.com (Developer)
How We Work Together
1) Consultation via telephone and email – The estimated amount time that Developer and Client will consult via telephone or email is three hours: 1 hour for initial meeting; 1 hour for first review/first draft; 1 hour to review final work product. Additional consulting time will accrue at $50/hour, if Client requires additional consulting time for brand image consulting, or due to multiple design revisions done at Client’s request (due to the Client changing their mind after their prior approvals on earlier design concepts). (NOTE: 3 hours provides plenty of time for us to work together. Rarely, does a project require more consulting time.)
2) Company logo/photo – If Client provides a company logo and/or photographs, Developer will size these to fit Client’s website design. Client must provide company photo and logo design in digital format. Client may send digital format photos of owner, partners, staff to be placed on pages. Client may provide additional photos to be inserted to their website pages, with up to 2 photos per page, as provided by the client, will be sized and inserted at no charge to client. Web design includes 2 page layouts: a customized/unique “Home” page, and an “Inside” page layout (all “Inside” pages are the same layout/structure and contain the same left/right column image links). If client requests unique “Inside” page layouts or design done to their specification, requiring custom html coding, additional costs will be applied (request quote).
3) Stock photography provided by the Developer is owned under with rights owned by the stock photo agency. Client has perpetual use of graphics and photos provided on their website. Developer will provide graphics designed (headers, banner images, logos) to the client, at their request.
4) Client will provide their company information and materials to Developer via email. Client will provide all content and photos for their website pages. This information is required prior to the Developer being able to deliver a first draft design to Client.
5) Final revisions and review by Client – After the website “mockup” or “demo” design has been approved and Client’s text/content inserted on their pages, this contract includes one round of editing on Client’s content on their website pages, as requested by Client, during the final review phase. Additional changes submitted by the Client after two hours of review and revisions have been made will be billed at the rate of $50/hour. Any typographical errors on the part of the Developer will be corrected at no charge.
6) Developer will upload the website to the internet and review all pages for functionality in current versions of Safari, Firefox, Chrome, and Internet Explorer browsers on both MAC and PC platforms.
7) Training: Developer will provide video tutorials to the client (for learning on how to manage their website/blog on WP platforms). Internet marketing tips and information are posted on developer’s website / blog for Client’s use. Additional coaching or training may be scheduled, and billed to the client at the rate of $50/hour.
8) Upon receipt of Client’s approval and final payment for their website, Client’s website will be uploaded “Live” to their domain name within 24-48 hours.
Payment and Delivery Terms
9) Full payment of website services due prior to website going “live” and before website files delivered to the client. Final payment is non-refundable. When the client agrees to the website ‘going live,’ they are agreeing that their payment is non-refundable and that the product and services we provide has been completed at the time the site goes live. Client to receive logins, full administrator access to their site, tutorial videos, and perpetual use of their website. Should the Client fail to make final payment for services rendered (should their payment be declined for any reason), after the website has been live on the internet, the Client will lose any and all rights to the use of the website, design, stock photos, and content as created by the Developer and provided to Client, until full payment has been received by Developer.
10) Estimated delivery time for website design (first draft design for Client review) is 1 to 2 weeks upon receipt of client materials and approval on website template/page layout and header banner graphics. Developer makes every effort to turn-around the project within 2-4 weeks start to finish.
Client agrees to complete the website project within 90 days from the start of the project. Client agrees to review and provide prompt responses and feedback to Developer. Once Client agrees to mockup artwork, and that artwork is built as a live “demo” site, Client’s deposit for the project becomes non-refundable. If Client postpones the project, or does not complete the project within 90 days from the start of the project, Developer has the right to cancel the project, or charge additional fees to Client. Should Client have extenuating circumstances that prevent completion of the project, Developer may renegotiate timelines with the Client.
If the Client fails to provide their content and information within three (3) months of the start of the project, the original price quote provided to the client may become invalid with current pricing and fees to apply to their completed project.
Ownership & Copyright
11) The website design is sold as a single use item for the Client. Single use item means one website resides on one domain name on the internet. Client agrees not to resell or give this website design or code to any other party without the written consent of Developer. Client may claim copyright rights for content and photos that Client provides, information and content written by and related to Client and copy editing completed by Developer.
12) Client agrees not to reuse or resell any of the source code or design attached to the website. The HTML, JS, CSS, and PHP source code and all website applications attached to the website are provided under license and Your right to use the website and/or Services purchased under this Agreement is not transferable or assignable.
13) Developer hereby grants to Client the perpetual and irrevocable right and license to use the website developed by this Contract solely in connection with the Client’s Website purchased under this contract.
14) Developer retains ownership of all rights, title and interest in and to the tools, content and intellectual property developed, purchased or licensed for the Client. Developer has the irrevocable and perpetual right and license to use, execute, reproduce, display or distribute and prepare derivative works based upon the website design delivered to the Client.
15) Client agrees to keep visible on their site a reference to the website design as provided by Developer (hyperlink to the Developer’s website) in the website page footer. Should the Client remove this hyperlink in the future, they are violating the terms of service and copyright on the site, and the Developer will not be able to provide any further support to the Client.
16) Because the photos provided by the Developer on the Client’s website may have separate copyright restrictions, the Client agrees not to reproduce photos provided by the Developer on other marketing materials, without consulting us about appropriate copyright use.
17) Developer shall not be held liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the website or any services or products obtainable there from, (b) the unavailability or interruption of the website or any features thereof, (c) your use of the website, (d) the content contained in the site, or (e) any delay or failure in performance on Catch8.com hosting beyond our control.
18) Client is responsible to assure they meet any governmental, legal, or ethical requirements of their profession with the content provided on their website. Developer will make the Client’s website available for review to the Client’s Compliance Officer, at the Client’s request.
19) Upon delivery of the website to the Client, the Client is free to add and remove copy (text), images, plugins, applications, and content, at the Client’s expense and risk. Should the client modify any of the original source code (php, html files) on the original website files, or change the original ‘theme’ files or graphic images, then Client is responsible for functionality of the website at that point. Should Client ‘break’ the website code through their initiative (by modifying the original source code), they may request support from Developer at $50/hour. Developer may not be available to assist a Client who has modified the source code on their website.
20) A re-use fee of $200 will be paid to the Developer by the Client, should the Client wish to use a second copy of the website on a separately hosted website and business or domain name. This fee will be paid by Client to Developer for each additional website in which Client uses the website product provided by the Developer.
21) Maintenance and future development: After the website is completed, approved by the Client and live on the Internet, any additions and occasional changes requested by the Client will be billed at the hourly rate of $50/hour, pro-rated to 1/2 hour. This hourly fee is subject to change with or without notice.
Third Party Content & Services
22) Third party content and services relates to Catch8.com hosting and email service, Google Analytics, materials such as Financial Calculator Tools, Google Gadgets, Website Editor, WordPress application, or links to ‘resource’ sites, that appear on Client’s website or may be accessible via links from the Client’s website. Developer is not responsible for and assumes no liability for any mistakes, errors in code or operational functions, misstatements of law, defamation, omissions, falsehood, opinions, representations or any other form of content on material provided by third parties that you have approved as content on your website.
23) Client is responsible for all renewal registration expenses related to their hosting and domain name, and shall own all right, title and interest in and to the Domain Name and all Intellectual Property Rights related thereto. Approximate annual fee for domain registration renewal is $10/annually.
Website Hosting Services
24) Web hosting services may be provided by Catch8.com at the fees and charges identified at time of purchase, and on Catch8.com. Catch8.com hosting and email accounts are owned and controlled by the Client. Developer will register the Client’s domain name and hosting account in the Client’s name. Client is responsible for annual renewal hosting fees (approximately $95/annually), as identified on Catch8.com.
If the Client chooses to use their own hosting service, and/or retains control of their hosting account, there may be additional setup fees. Client becomes solely responsible for their website and any resulting issues with the website that is related to their hosting service, should they choose to use their own hosting contractor.
25) Client may purchase and extend their one year contract for hosting, email, domain registration at any time.
Ongoing Maintenance of the Website
26) Once the website is LIVE, the Developer will provide tutorials and information to the client about their website. Client receives full administrative access to their website. Because there is no ongoing monthly contract or maintenance fees paid to the Developer, the client is responsible to assure their website is kept up-to-date (such as updating the software the site runs on (WordPress, for example), and updating “plugins” installed on the website. There is risk inherent with having a website (potential hacking). Clients are strongly advised to take the following precautions to ensure the security of their website [Read More].
Note: These Terms of Service may be altered or added to at any time by the Developer and notification of changes in Terms of Service will appear on this page.