Terms & Conditions
The client is hiring Refreshen Web Design as an independent contractor for the specific purpose of developing and/or improving a web site. Hereafter, the client will be known as the “Client” and Refreshen Up Web Design will be known as the “Developer”.
The Developer will either secure an account with a Web Host Provider on behalf of the Client, or the Client may secure the account independently. If however, the Client is not an advanced user of the internet, the Client is encouraged to use the services of the Developer to secure and maintain this account.
The Developer will secure a domain name, “www.companynamehere.ca” for the Client at the Client’s request. If the Client has already acquired a domain name, the Developer will redirect the address to the new host with the agreement that the Client will disclose the username and password of the acquired domain name.
Final content will be provided by the Client. Submissions can be made as an email attachment or in a .PDF file format.
The Client is aware that all browser’s do not read the web pages the same and that cross browser compatibility is done to the best of the Developer’s ability. Compatibility is defined as all critical elements of each page being viewable in several popular browsers. The Client is also aware that some advanced techniques in web design require a more recent browser version or plug-in that can only be controlled by the person who is viewing the web site and the browser and version that they have installed on their personal computers. The Developer acknowledges that they have taken this into consideration and that the web site developed will be viewed and tested in several popular browsers.
The Developer will create, capture or receive from the Client all the graphic elements necessary to complete the Client’s web site. This includes photography and company logo. If company logo has not been designed, price of designing a logo will be quoted in proposal.
Audio and video can be added to your site.
If a shopping cart is required for the Client’s site, the charges for the shopping cart will be added to the base price.
If the Client has chosen an e-commerce enabled site, the Client is encouraged to obtain a certificate for online transactions. At the client’s request and on their behalf, a certificate will be purchased and added to the base price. The Client understands that if they do not obtain a secure certificate, design capabilities on the shopping cart may be limited.
If the client’s web site requires the ability to accept credit cards, the Client will need a Merchant Account. The Client understands that any charges necessary to secure the Merchant Account are not covered by this agreement and any administration to aid in the implementation of this will be added to the base price.
A minimum deposit equal to half the amount of the total quoted price is required to commence work. Once the first deposit is received by the Developer, basic site design concepts will be introduced to the Client for their approval. The Client will then be asked to confirm acceptance for the basic site design by signing a printed copy of the design upon which the work necessary to complete the project will begin. Once completed, an email or invoice will be sent to the Client advising them that the work has been completed and final payment is needed before launching.
If the final payment is not received after 30 days, the Developer reserves the right to withhold all web content until payment is made.
The Developer encourages communication and input from the Client during the design process. The developer understands that some Clients request significant design changes to pages that have already been built to the Client’s specifications. Please note that the agreement does not include provisions to make significant page modifications or creation of additional pages in excess of our agreed page maximum. Anything above the normal modifications will be billed as an extra page or be based on an hourly rate.
Should there be any moderate changes, these will be included during our development of the site and also covered by the developer’s one free month of maintenance after the site “goes live”. This will give the Client the opportunity to make any moderate changes in case of any unforeseen problems within the first month after launching. The Developer’s interests lies in the total satisfaction of the Client.
The developer offers two types of maintenance agreements. The first one, the Client pays a fixed monthly rate of $25 for maintaining the domain name, web hosting services, and a discounted hourly rate of $30/hr to make any changes necessary in the upkeep of the Client’s web site on demand.
The second one, the Client pays for an ‘as needed’ hourly rate of $40/hr.
The Developer will optimize the Client’s web site with the appropriate titles, keywords, descriptions and text and submit the Client’s web site once to each of the free major search engines.
The Client guarantees that any elements, such as text, graphics, photos, designs, trademarks, or other artwork is owned by the Client, or that the Client has permission from the rightful owner to use each of these elements for inclusion in the developed web site. The Developer will not be held responsible for any wrong doing in the attainment of these elements that were provided by the Client.
Copyright will remain in the Developer’s name until the completion of the work and the final payment has been received by the Developer. All materials developed under this agreement and intended for publication to the web will become property of the Client and may be used by them as desired but only after release of copyright.
The Client agrees that the Developer may put a byline on the bottom of their index.html web page to establish design and development credit. The Client also agrees that the web site created for the Client may be included in the Developer’s portfolio.
The Developer agrees that at no time will usernames or passwords be compromised in the development of the Client’s web site.
The Developer and Client agree to work together to complete the project in a timely manner. The Developer agrees that it will have the work done by the desired completion date. Should the Client delay any of the development by lack of communication or by delaying the release of the required content for the web site, the Developer has the right to an extension of the completion day.
Cancellation of Project
Should the project be cancelled at the request of the Client, the Developer has the right to retain the original deposit. In the event this amount is not sufficient to cover the Developer’s time and expense already invested, additional payment will be due. This will be billed a 7 days after the date of cancellation. This agreement will then be terminated.
This contract is an agreement between the Developer and the Client regarding this project. It becomes effective only when signed by both parties and is considered to be a mutually benefitial arrangement for both the Client and the Developer.