Website Build TOS

Images and Licensing

The Client agrees to either provide or purchase any images needed for design work, either web or print. The Client agrees that any images or graphics that have been provided to the Designer have appropriate use licenses for the project.

Fee and Payment

Fees and payment schedule for either design or web work are to be agreed upon prior to the start of any project. For larger or web projects, we request a 50% deposit of the site estimate to begin work on the project. The remaining balance of the project is due at the time of site launch, amount to be determined by invoice for actual time and materials cost.

For unpaid invoices, a $50 service charge is payable on the overdue balance for reissuing the invoice at 10 and 60 days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment.

Default in Payment

The Client shall assume responsibility for cost outlays by designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.

Estimates

The fees and expenses shown are minimum estimates only, unless an hourly fee has been agreed upon. That fee will be Hourly Fee per hour and the designer shall keep the client apprised of a tally of hours within a reasonable period of time. Final fees and expenses shall be shown when invoice is rendered. The fees and expenses shown are minimum estimates only unless the quote and/or invoice is clearly marked Invoice, otherwise the above stated hourly fee will be payable on all time over that which was quoted with a minimum in 30 minute increments.

Changes

The Client must assume that all additions, alterations, changes in content, layout or process changes requested by the customer, will alter the time and cost. The Client shall offer the Designer the first opportunity to make any changes.

Expenses

The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the Designer for payment of said expenses upon request.

Cancellation

In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is based on the hours submitted, if the project is on an hourly basis or a percentage based on the time estimate for the entire job.

A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not. If the project is on an hourly basis and the project is canceled by the client, the client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation.

Ownership and Return of Artwork

The Designer retains ownership of all original artwork, whether preliminary or final, and the Client shall return such artwork within 30 days of use unless indicated otherwise below. If transfer of ownership of all rights is desired, the rates may be increased.

If the Client wishes the ownership of the rights to a specific design or concept, these may be purchased at any time for a recalculation of the hourly rate on the time billed or the entire project cost.

Releases

The Client shall indemnify the Designer against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.

Modifications

Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.

Uniform Commercial Code

The above terms incorporate Article 2 of the Uniform Commercial Code.

Code of Fair Practice

The Client and the Designer agree to comply with the provisions of the Code of Fair Practice (which is in the Ethical Standards section of chapter 1, Professional Relationships).

The Designer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the extent such use infringes on the rights of others.

Limitation of Liability

Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party.

Dispute Resolution

Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer. All actions, whether brought by client or by designer will be filed in the designer’s state/county of business/residence. This contract is held accountable to the legal system of State Name and any applicable statutes held therein.

Site Security Indemnification

The Designer agrees to make a good faith effort to ensure that any websites created are secure, built on the most recent version of the WordPress framework available at the time of development. The Designer agrees to make a good faith effort to ensure that any plugins or additions do not have known vulnerabilities. It is the Client’s responsibility to ensure that the site framework and plugins are kept up to date after the launch date unless a monthly or quarterly maintenance agreement has been made between the Designer and the Client.

Hosting and Maintenance

Hosting and maintenance will be provided by our partner: 9th Node Networks Ltd. Support requests are responded to within 2 hours of receipt, and requests are typically fulfilled with 24-48 hours, depending upon complexity of the request. If you need e-mail addresses, forwards, databases, subdomains created, or general technical support questions answered, please send a request to support@9thnode.com. The 9th Node Networks TOS can be found online at 9th Node’s Terms of Service.

Technical Maintenance TOS

Technical Maintenance Agreement

Your WordPress website consists of several components, and these pieces change as technology evolves, security concerns crop up and web standards change. These updates must be done to make sure that your site isn’t vulnerable to attack and you don’t begin to experience those site quirks that impair site functionality or your ability to manage the site.

What are the pieces?

To best explain the why and how of technical maintenance, we first want to explain the pieces that come together to form your site and how they interact. Typically, your site will consist of these things:

  • WordPress Installation
    This is the base framework for your site. It pulls the pieces together, and stores basic information about your site, from users to page content, and more. It is created by developers under the Automattic company umbrella. They update and maintain the framework on a regular basis to ensure that the framework users always have the best base on which to build.
  • Theme Files
    Theme files create the look and feel of the site you see. Themes can be free, from the WordPress Theme Repository, or they might be premium (paid), from a popular theme repository. Themes are created by development teams known as theme authors.
  • Plugins
    Plugins add functionality to your site. Each plugin is designed to add a specific feature to your site, whether that feature is simple, like preventing spam comments, or complicated, like adding on a site e-commerce store.

We offer technical maintenance packages to you to ensure site support is conducted in a timely manner, and that your site stays running smoothly. We designed our technical maintenance packages to be affordable and to cover what’s required with as little impact to you and your site as possible.

What Does it Cover?

Technical Maintenance covers up to 2 hours of work for the following updates to a WordPress site.

WordPress Updates

We update your site framework to the latest version of WordPress, available directly from the framework repository.

When? WordPress updates are performed each update round, and sometimes more frequently if the fix is critical.

Theme Updates

We update your WordPress theme. We’re careful to make updates that are necessary and low-impact. Depending on how your site was initially set up, a theme update can be as simple as the click of a button or as disruptive enough to break your entire site. Here’s what we analyze before making a theme update:

  • What’s in the update? Theme updates may offer minimal functionality or security updates and simply aren’t worth the risk they may carry. Sometimes a theme update carries a critical fix that should be implemented as soon as possible. Other times, the update could contain a major rewrite which might generate significant changes to your site.
  • Is your site set up properly? Your site should be set up with a parent and child theme arrangement. That means that any customization work that was done during your site creation should be kept in a separate area from the core of the theme itself. During an update, the parent theme gets updated to give your site the new code. The child theme then inherits the new code without disturbing the customizations. Generally, this is the least disruptive way to integrate code changes into your site ecosystem.
  • Is it a free or paid theme? Typically, paid themes are higher quality with better support. Theme authors who are paid for the work they do and have a business reputation to maintain tend to do a better job of making sure that their updates go well. And, if the update has an issue, a support team will be available to help resolve.

When? Theme updates are done on an as-needed basis when the update passes muster as beneficial.

Plugin Updates

We update site plugins in your site, to ensure that critical features are working as expected and you are getting all the functionality they can offer. We run plugin updates through a similar criteria check to ensure that an update will help the site overall, though plugin updates tend to be less problematic.

  • What does the plugin do? Plugins that offer simple backend functionality can typically be updated with a minimum of trouble.
  • How long since the last update? Plugins that update on a regular basis tend to do a better job of introducing a series of tiny changes that gradually move your site’s code forward.

Plugins developers do not generally offer guarantees of compatibility with other components in your site, though they might help examine the site if needed.

When? Plugin updates are done unless they have been identified as problematic to your site.

Site Backups

Prior to each update, we take a full backup of your site, stored on your hosting account. We keep a month worth of backups to your site. Restoring a site from backup is a last resort as you will also lose any changes to the site since the time period (bookings, memberships, etc).

When? Site backups are taken immediately prior to updates of any kind on the site, every time.

Site Security

We install a security plugin to add an extra layer of protection to the site against common hacks, issues, and malicious login attempts.

What Doesn’t It Cover?

Troubleshooting Site User Issues
That said, typically our approach here is to provide a quick check to make sure that a) the user problem isn’t a result of the system or system updates and b) provide basic instructions to help people use the system appropriately. If you have a particular issue that recurs, we can assess the system to see what could be done to mitigate the problem, but that may result in an additional quote for the work required.

Site Changes
Such as changing pages, text, images except as needed to troubleshoot issues caused by technical updates. We do offer a content maintenance package that covers basic changes of this type.

Enhancements /Add-ons
Creating additional features or functions for your site is always available, but quoted based on the work required.

How does it work?

Quarterly Updates
At least once each quarter, we will log in to your site to run backups and complete the updates. Typically, this is the 15th or 30th of the month, after working hours to ensure that any issues are low impact. We perform a check of your site to ensure that nothing is broken as a result of the update.

Troubleshooting / Issue Resolving
In the event that updating the site causes an issue, we look to identify the problem and resolve it within the time frame you have for the quarter.

If it appears to require time beyond your 2 hours, we will assess the time needed, generate a quote for the work, and restore your site backup. We would then send you an email explaining the situation and the time required. If you approve the quote, we’ll reschedule the updates and resolve the issue.

Time Rollovers
Your 2 hours for troubleshooting is for the maintenance quarter only and does not roll over to the next quarter.

Maintenance voiding

In order to offer you the best support, we ask that you do not perform your own updates on the site (or have any other developer or administrator perform them). Updates performed independently from maintenance void plan guarantees.

We use specific plugins on your site for security and to connect it to our backup and update systems. Please do not disable plugins on your site as this will void your plan.

Renewal

Your maintenance plan is set to renew automatically each maintenance period. If you need a different frequency or cadence, let us know and we can set it up differently.

Cancellation

You can cancel your technical maintenance for a full refund unless maintenance has already been performed.