1. Standard Terms and Conditions:
These are the standard terms and conditions for Website Design, Web Development, Graphic Design Services and Website Hosting and apply to all work, service agreements and contracts undertaken by Chloe Anderson Web + Design for our clients.
2. Notification of Changes:
We reserve the right to change or modify our Terms and Conditions simply by posting our revised Terms and Conditions on this website. Changes to Terms and Conditions will not apply to work already underway, but will be effective immediately to all work commenced under the revised Terms and Conditions. We will make all efforts to advise Clients with service level agreements of any changes to our Terms and Conditions as they occur.
3. Electronic Consent:
A link to these Terms and Conditions is provided to you with all quotes and invoices. Acceptance of a quote and payment of an invoice provides electronic consent to our Terms and Conditions. In lieu of this electronic Terms & Conditions, you have a right to request a paper copy of these Terms & Conditions prior to work commencing.
4. Our Fees and Deposits:
Hosting fees and a 50% deposit of the total quoted fee is due prior to work commencing unless otherwise agreed to in writing. We reserve the right not to begin work on your project until the deposit has been received. The remaining balance of 50% shall become due when the work is completed to your reasonable satisfaction. All prices listed are in U.S Dollars, billing that is required in foreign currency will be subject to the exchange rate on the day of billing and a processing fee.
5. Refund Policy:
All efforts will be made to meet your expectations, if we are unable to satisfy you, you can request a refund in accordance with our refund policy: 100% deposit will be refunded, if requested in writing, within 15 calendar days from date of the work order. Refunds are not available Website Hosting or items purchased with your approval or ordered at your express request. Refunds are not available for any delays caused by you not providing requested materials or feedback. Refunds are not available once website is completed/launched.
6. Supply of Materials:
You must provide all materials, files and information we require to perform the work to the agreed specification. Materials may include, but are not limited to, photographs, written copy/text, logos, clip art and PDF’s. Materials must be provided in digital format, hard copies requiring retyping, scanning or digitization will be processed at a rate of $75 per hour. We reserve the right to extend agreed upon deadlines when there are delays in you supplying requested materials. If you fail to supply materials and this prevents us from completing the work, we have the right to stop work and invoice you for any balance of your payment obligation to us.
Our design and development phase is flexible and allows for certain variations to the original design specification and approved site map and structure. Major deviations from these specifications can be made, but will be charged at the rate of $75 per hour. Should this occur you will be provided with a revised overview and estimated cost of completion prior to work commencing.
8. Project Delays and Client Liability:
Any time frames or estimates that we give are contingent upon your full participation in the project along with complete and final content being delivered as requested. The initial development phase requires an intense amount of contact, involvement and feedback from you in order to progress to subsequent phases. During this time, we request that you are available on a daily basis in order to expedite this process and prevent delays. We will not be responsible if the project remains largely unfinished or is delayed, due to your lack of participation in providing feedback, approvals, consent or requesting design changes on time. After 60 calendar days, if the project is still unfinished due to your own inaction, $75 per hour would be billed for any further change requests.
9. Approval of Work:
You will be notified upon completion of the work with a request to review it. You must notify us in writing of any unsatisfactory points within 7 days of receiving the work completed notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed approved by you and invoiced accordingly. Once approved, or deemed approved, work cannot subsequently be rejected.
10. Rejected Work:
You have the reasonable right to reject, in writing, any of our work within the 7-day review period. We will address all requests and make all attempts to remedy the issue.
Upon completion of the 7-day review period, your project will be launched on your domain name. We reserve the right to restrict public access or remove any project that has been brought on-line if final payment is not made within the agreed upon payment terms. Final ayment is due upon invoice unless otherwise agreed to in writing. A late fee of 5% will be added if payment is not received within 7 days of invoice. If collection of any payment proves necessary, you agree to be responsible for any fees we incur during the collection process.
12. Source Materials:
Upon payment of final invoice any work product, source media we have agreed to provide and any purchased stock will be made available in the designated Pickup Vault. License information will be provided on a separate invoice for any images purchased on your behlaf. Adobe Images are governed by Adobe Terms & Conditions. Please use the images in accordance with these terms, only on the website they have been licensed for. Failure to do so can result in copyright infringements, additional fees and legal measures leveraged by Adobe / copyright owner that we are not responsible to assist you with. See https://stock.adobe.com/license-terms for additional info. Please maintain copies/backups of any files uploaded or retrieved from the designated Pickup Vault. All files located here will be deleted upon project completion and not available again once deleted unless otherwise provisioned for in a Service Level Agreement.
13. Copyrights and Licensing of Materials:
It is your responsibility obtain, and provide proof of if necessary, all required permissions and licenses for any materials you request us to publish on your web site or web based projects or marketing materials. These include, but are not limited to written copy, graphic images, artwork, video media, registered company logos, names and trademarks. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website. Any licenses for materials we purchase on your behalf will be provided on your invoice and or account statements.
14. Search Engines:
All the websites we build are provisioned to be search engine friendly. However, we cannot guarantee any specific position in search engine results for your website. Basic SEO (search engine optimization) according to current best practice is included and built into the framework of your website. For premium placement, paid ongoing SEO services are available for an additional fee.
Notwithstanding anything to the contrary contained in this contract, neither Chloe Anderson Web + Design LLC nor any agent acting on its behalf, warrant that the functions of the web design project will be uninterrupted or error-free. In no event will we be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the hosting service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your site visitor’s computer or Internet software.
In order to always provide the best possible outcome and success of your project we reserve the right to subcontract any services that we have agreed to provide for you.
18. Additional Expenses:
You agree to reimburse us for any requested expenses that you have approved and consented to, including but not limited to: additional pages, purchase of third party software/extensions, stock photographs, fonts, domain name registration, web hosting, SEO, advertising services, printing or any other comparable expenses. The expenses will be billed as they occur and require immediate payment.
19. Backups: Our system automatically provisions backups daily. Single incident back-ups, outside of this schedule, can be provided on request free of charge. Restoration of back-ups is provided on request free of charge.
20. Ownership of Domain Names:
We will not take ownership or control of your domain, but will require access to your domain registration account to launch your website or provide you with the necessary settings to make the changes yourself. If you don’t already have a domain name, we can assist you in registering one, but request that you do this independently of us. Having complete control of this asset will always afford you complete choice and freedom.
21. Account Access: We will provide you with login credentials for your website and any accounts we set up on your behalf on third party websites. You will be responsible for securing your accounts by changing the passwords and for any action that takes place through your accounts or through any accounts created by you. If you suspect, or have reasonable grounds to suspect, or know that misuse of an account is taking place, you must report this as soon as possible to us. If you use your account to access to the back-end of your website, you will be responsible for any changes you make to the settings and configuration, we ask that you work within the boundaries of your training and skill set. If you make changes to the system or request support to trouble shoot, debug or repair user related mistakes, you will be billed accordingly.
22. Management of Web Based Systems and Applications:
We reserve the right, without any prior notice, to (temporarily) shut down the system or limit its use for the reasonably required maintenance, necessary adjustments or improvements. We are entitled to, at any time, make changes to the login procedures, account settings and email systems in an effort to maintain perfect function and security of the system. All efforts will be made to notify you in advance of such occurrences, but we ask you to understand that priority is always given to security and preservation of the system.
23. Suspension and Termination:
We reserve the right to, without notice, permanently or temporally suspend service and access to your website / web product if any of the following conditions are met: You request us, or are yourself deemed to be violating the rights of third parties with hacking tools and other criminal acts. Are engaging in or publishing defamatory, offensive, racist, pornographic or discriminatory content through the use of our servers. Storing or containing any hyperlinks, torrents or reference data with (locations of) material that unmistakably violates copyright, unsolicited commercial (SPAM) and malicious content such as viruses or spyware on our systems. Engaging in activates that damages to our systems, networks or causes nuisance for our other customers. Should nuisance, damage or other danger arise, to the functioning our computer systems and networks, due to your actions, we are entitled to take any and all measures reasonably necessary to avert or prevent this danger. You will be billed accordingly for any costs associated these efforts.
24. Storage & Data Limits:
Should your data amount exceed the agreed allotment of storage space or monthly data traffic/bandwidth you will be informed in writing. We will and provide you with suggestions on working within the limits of your account and also provide you with account upgrade options. If you continue to exceed the agreed upon limits after 14 days of being notified, and take no action to manage the situation or agree to upgrade your account, we reserve the right to suspend your account.
We provide remote support and via telephone, ticket system/e‐mail, screen sharing applications, text message and Skype. On demand support is available from 9-5 / Monday-Friday US Eastearn Time (GMT -05:00). Training and support is available outside of those hours when scheduled in advance.