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Website Development Terms

Updated:
November 23, 2020

The following terms and conditions apply to all website development / design services provided by Fit Fab Websites (the “Company”) to the Client. Fit Fab Websites is currently a dba of Wendy Shoef, a sole proprietor, but is in the process of becoming a LLC.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by the Company are defined in the project quotation that the Client receives via email and/or in writing. Quotations are valid for a period of 60 days. the Company reserves the right to alter or decline to provide a quotation after the 60 days has passed.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of ten (10) percent or $175, whichever is greater, of the project quotation total before the work is supplied to the Client for review with the remaining ninety (90) percent, or quotation – $175  deposit, of the project quotation total due upon completion of the work, or after 31 days from the initial payment, whichever is sooner, prior to upload to the server or release of materials.

Payment for services is due by cash, check or bank transfer, or other agreed upon electronic payment service such as Stripe, Venmo, PayPal, or Zelle. Check payment details will be available on the invoice.

3. Client Review

The Company will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies the Company otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

The Company will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon the Company receiving initial payment, unless a delay is specifically requested by the Client and agreed by the Company.

In return, the Client agrees to delegate a single individual as a primary contact to aid the Company with progressing the commission in a satisfactory and expedient manner.

During the project, the Company will require the Client to provide website content; text, images, movies and sound files etc. to populate the website.

5. Failure to provide required website content:

The Company is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information at least one (1) week prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do before the agreed time, one (1) week prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

The Company agrees to make periodical updates to any sites commissioned and hosted by the Company.  This is subject to a fair usage clause.  The Company reserves the right to refuse to update websites if such requests exceed 3 hours of development time per site per annum.

NOTE: Text content should be delivered as a Google Doc, Microsoft Word, pdf file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

If you are commissioning a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself.

6. Payment

Invoices will be provided by the Company upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or $50 per month of the total amount due, whichever is greater.

7. Additional Expenses

Client agrees to reimburse the Company for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc.  This payment will be required prior to the purchase of the additional required materials.

8. Web Browsers

The Company makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.).  The client agrees that the Company cannot guarantee correct functionality with all browser software across different operating systems.

The Company cannot accept responsibility for web pages which do not display acceptably in obsolete versions or new versions of browsers released after the website has been designed and handed over to the Client. As such, the Company reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on the Company’s web space, the Company will, at its discretion, remove all such material from its web space. The Company is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Checks returned for insufficient funds will be assessed a return charge of $35 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay the Company reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by the Company in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity

All the Company services may be used for lawful purposes only. You agree to indemnify and hold the Company harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants the Company the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting the Company permission and rights for use of the same and agrees to indemnify and hold harmless the Company from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to the Company that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered via email, FTP, Google Drive or other agreed upon storage platform) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by the Company to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

14. Design Credit

A link to the Company will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than $500, a fixed fee of $100 will be applied. The Client also agrees that the website developed for the Client may be presented in the Company’s portfolio.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, the Company must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Placement Alterations

The Company cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names

The Company can purchase domain names on behalf of the Client.  Payment and renewal of those domain names is the responsibility of the Company. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of the Company. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms. Payment online is an acceptance of our terms.

19. Governing Law

This Agreement shall be governed by California and United States Law.

20. Liability

The Company hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;

Loss or damage caused by omission;

Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;

Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of the Company to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

21. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.

Payment Terms & Conditions

All monthly payments contracts are subject to the following conditions:

1. The first monthly payment is due immediately upon signing up for the services we offer.

2. The year contracts for website maintenance and Website + Coaching packages begins on the date of the first meeting between the Company and the Client.

3. If you wish to cancel your contract within the first month a cancellation fee is required of $50 and all proprietary artwork, logo design and domain name registration will remain the sole property of the Company. Checks returned for insufficient funds will be assessed a return charge of $35 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay the Company reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by the Company in enforcing these Terms and Conditions.

4.If website development was included as part of a multiple month contract, rather than payment in full, the Company retains ownership of the website until fulfillment of the contract. For example, if a contract is for Website + Coaching and the terms of payment were $500 per month for 12 months, then the website will be hosted on the Company’s web space until the contract is paid in full.If the client chooses to terminate the agreement prior to the end of the contract, they forfeit the right to all of the files that were used to make the website.

5. If the monthly contract is for web maintenance only, then the contract can be cancelled at any point. There will not be any refunds for services and work provided or yet to be provided for the prepaid amount.

Company Obligations

We endeavor to respond to contact requests within 48 hours, but no liability is accepted by the Company for any loss or injury caused by any late response.  the Company hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;

Loss or damage caused by omission;

Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;

Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of the Company to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

In addition you will be able to review the services that we are providing you and request changes and/or additions (subject to the terms above) at any time.  The Company offers a courtesy updating service, subject to fair usage, that being no more than 20 updates annually.  

All prices are quoted in USD (United States dollars).

The content of this website, including associated email and any other correspondence, are for informational purposes only.  This website does not provide medical advice, diagnosis, or treatment.
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