By submitting your Web Design Questionnaire and deposit, you agree to the terms and conditions listed here. You are responsible for adhering to the terms and conditions listed here, even if you didn’t read them.
The design process is a fast paced process of e-mail and Clients need to be willing to communicate consistently during the design process. Progress requires client acceptance at frequent intervals. We may of course communicate by phone and if outside the USA preference is to use Skype. Its FREE!
For e-mail communications, if the client fails to respond in a timely manner, that project will be delayed until a time when regular communication is possible. If client fails to communicate in 36 hours without warning, the project will be recycled back into the queue. If a client repeatedly fails to follow through with communication, client will forfeit his place in the queue.
Full payment is required for standard services costing $400 or less. For larger, custom projects we require 50% non-refundable deposit before the project begins. The fee agreed does not include the cost of domain registration, hosting set up fee or hosting unless the product description describes otherwise, or otherwise agreed by both parties for custom website projects.
Approval of Work
On completion of the work on the ClientPortal4WebDesign test site, the Client will be notified and have the opportunity to review it. The Client should notify April M. Smith, in writing, of any unsatisfactory points within 7 days of receipt of such notification. Any of the work which has not been reported in writing to April M. Smith 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 remaining payment will become due before the client’s website is moved into its “live” location.
Credit card payments can be made through Paypal. You do not have to have a Paypal account to pay by credit card.
Due to the nature of the services, April M. Smith will not issue refunds for any reason.
Maintenance and Correction of Errors
April M. Smith takes no responsibility for the functionality or maintenance (unless a maintenance contract is in place) of the Website after the Work has been completed. Errors (both technical and typographical) attributable to April M. Smith will be corrected free of charge, but April M. Smith reserves the right to charge a reasonable fee for correction of errors for which April M. Smith is not responsible, including, but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to April M. Smith by the Client. April M. Smith also reserves the right to not fix any such errors upon conclusion of the project. We do have maintenance plans available. If you feel that you will need maintenance in the future, please contact us accordingly.
Domain Name and Hosting
The client is responsible for setting up a domain and hosting account. Please send us your log-in information once this is setup. We have experience with GoDaddy for domain names and hosting space but also recommend HostGator, BlueHost, or Siteground as they are also cheap, very reliable, and have an intuitive cPanel with built in Word Press support.
We will need a simple link on the footer of the site that gives design credit to April M. Smith and leads (in a new window) to our site. This is our primary way of developing new clients, however if you would like the link removed and no credit given please add $500 to the price. **PLEASE NOTE: This may seem excessively high but think about it from our perspective. We derive all of our new clients from recommendations from current clients and design credit footer links. If we let everyone take off our design credit links and claim our work as their own we would be losing an awful lot of future work. We keep our footer links small and unobtrusive.
Designs are created to be compatible with the most recent release of Fireworks, Safari, Chrome, and Internet Explorer. Clients are responsible for running the most current version of the preferred browser before the design process begins. April M. Smith makes no guarantee that designs will work properly on outdated or obscure web browsers. Currently designs are guaranteed on Safari 3 and above, IE7 and 8, Firefox 3 and above and Chrome (which updates automatically).
April M. Smith can take no responsibility for services provided by third parties through us or otherwise, including the Hosting of the Client’s Website, although April M. Smith will do all they can to ensure that Website downtime is kept to a minimum.
Extent of Work
Installation on the Internet is limited to the uploading of all necessary files to the Host, and testing of functionality. No registration of the Website with Search Engines will be undertaken unless those services have been purchased by the Client.
Under no circumstances will April M. Smith be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software, web sites and/or all other technologies and products. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure.
Search Engine Listings
At April M. Smith , we understand the importance of website content and the role it plays in search engine optimization (SEO). Because our ultimate goal is to support your success online, we offer Search Engine Optimization (SEO) Basic Services. April M. Smith does not guarantee listings or placement on Search Engines and the Client accepts that it is Search Engines and not April M. Smith who determines whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new website may never even appear on Search Engines at all. April M. Smith does not control Search Engines’ algorithms and huge shifts can appear daily, weekly and even hourly.
Supply of Materials
The Client is to supply all materials and information required for April M. Smith to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed materials. The client may also have the option to purchase the Stock Photography Research through April M. Smith as an Add-On Web Service Option. If the Client’s failure to supply graphic materials that leads to a delay in completion of the work, April M. Smith has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client’s failure to supply materials prevents progress on the Work for more than 10 days, April M. Smith has the right to “shelve” or “freeze” Client project until any or all parts necessary to complete Work have been provided. Client will receive written notice on day 7 notifying them of a possible freeze on work.
Offers and Proposals
Offers and proposals made by April M. Smith to potential clients should be treated as trade secrets and remain the property of April M. Smith. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from April M. Smith . This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
Warranty by Client as to Ownership of Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to April M. Smith for inclusion on the Website. The conclusion of a contract between April M. Smith and the Client shall be regarded as a guarantee by the Client to April M. Smith that all such permissions and authorities have been obtained and that the inclusion of such material on the Website would not constitute a criminal offence or that of civil relevance. By agreeing to these terms and conditions, the Client removes the legal responsibility of April M. Smith and indemnifies the same from any claims or legal actions however related to the content of the Client’s site. In clear terms, April M. Smith takes no responsibility for any content on or around the Client’s web site and is in no way shape or form liable for any such content.
Any Domain Name obtained will belong to the Client, if that registration has been paid for in full (either separately or as part of a website design project). The Client agrees to indemnify April M. Smith , including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party. The Client warrants that the domain name sought is not a trademark of a third party.
RIGHTS AND RESPONSIBILITIES
Right to Terminate
April M. Smith reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable. If the Client breaks any rules set fourth in this document, April M. Smith reserves the right to break this contract and no payments shall be refunded. If the client fails to respond to April M. Smith and/or any of it’s workers/contractors/employees within 10 days of the initial contact attempt, that client shall be considered idle and their project shall no longer be a priority until further notice. April M. Smith also reserves the right to terminate any and all work obligations and contracts agreed to by that client if they fail to respond within 10 days. Any money paid will not be refundable after termination and April M. Smith reserves the right to collect the remaining funds on that project whether the project has been completed or not.
Events Beyond the Control of April M. Smith
April M. Smith will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire, death or other events beyond the control of April M. Smith.
This Agreement shall be governed by the laws of The United States of America and shall claim venue and jurisdiction for any legal action or claim arising from the contract between April M. Smith and the Client. The said contract is void where prohibited by law.
Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Change of Terms and Conditions
These terms & conditions may change from time to time. The Client is responsible for reading April M. Smith terms and conditions at reasonable intervals (such as before they sign and agree to any and all contracts and/or make any and all payments). The terms and conditions are subject to change without prior notice.