Terms & Conditions
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Ben Sayers LLC or its subcontractors.
Fees & Deposits
A 30% deposit of the total fee payable under our proposal is due immediately upon you instructing me to proceed with the website design and development work. The second 30% payment is due upon your approval of the homepage and inner page website design mock-ups. The remaining 40% 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. I reserve the right not to commence any work until the deposit has been paid in full.
The 30% deposit is only refundable if I 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 mine.
Content for the Website
ALL TEXT CONTENT FOR THE WEBSITE IS TO BE SUPPLIED BY THE CLIENT NO LATER THAN 21 DAYS FROM THE SIGNING OF THE PROPOSAL. Such materials may include but are not limited to, photographs, written copy, logos and other printed material. Please provide any written content in Microsoft Word format (or equivalent), please don’t paste the text into an email. Search engines like to see fresh, keyword-rich copy - this will help you get found in searches faster and more frequently so take your time and really think it through. Each page should have at least one main heading (h1) and can include several sub-headings (h2, h3, h4, etc.), a page title, meta keywords and a meta description. I can provide nice examples of previously submitted content if you would like to share them with your copywriter.
Where there is any delay in supplying these materials to me which leads to a delay in the completion of work, I 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, I have the right to invoice you for any part or parts of the work already completed.
Variations
I am pleased to give 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 specifications. Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of $40.00 per hour or a quote will be provided for the work.
Project Delays & Client Liability
Any time frames or estimates that I give are contingent upon your full co-operation and complete and final content for the website. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from the client side and be made available on a daily (or at the very least, weekly) basis in order to expedite the feedback process.
Approval of Work
On completion of the work, you will be notified and have the opportunity to review it. You must notify me in writing (email or postal mail) of any unsatisfactory points within 30 days of the project completion. Any of the work which has not been reported in writing to us as unsatisfactory within the 30-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.
Rejected Work
If you reject any of my work within the 30-day review period, or not approve subsequent work performed by Ben Sayers LLC to remedy any points recorded as being unsatisfactory, and Ben Sayers LLC, acting reasonably, consider that you have been unreasonable in any rejection of the work, Ben Sayers LLC can elect to treat this contract as at an end and take measures to recover payment for the completed work.
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, photographs, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Search Engines
We do not and never will guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.
Consequential Loss
I shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
Disclaimer
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 Ben Sayers LLC 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.
Subcontracting
Ben Sayers LLC reserves the right to subcontract any services that we have agreed to perform for you as I see fit.
Non-Disclosure
I (and any subcontractors that I engage) agree that we will not at any time disclose any of your confidential information to any third party.
Additional Expenses
You agree to reimburse me 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.
Ownership of Domain Names and Web Hosting
Depending on the client's preference, I will maintain the domain name registration and/or web hosting on your behalf or you can register the domain names using your own account at another registrar (Hover, GoDaddy, Dotster, etc.) and purchase your own website hosting account at the provider of your choice (you must choose a plan that will support the website's programming language, I can provide specifications as needed).
Cross-Browser Compatibility
By using current versions of well-supported content management systems such as “ProcessWire”, we endeavor to ensure that the websites 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.
Completion Date
Ben Sayers LLC and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website and launch no later than 90 days from receipt of the down payment. Responses, approvals and any change requests are needed as quickly as possible in order to expedite the project.