Last updated: 2019-03-04 18:45:45
STANDARD TERMS AND CONDITIONS: These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by YourSiteNeedsMe for its clients.
Upon submitting the Honey Do List or any other form on this website, I (the “Client”) agree to the following terms as set forth by YourSiteNeedsMe, LLC & Charra Hammett (the “Developer”).
Client has fully read each section of the Honey Do List and provided Developer with ALL necessary instructions, information, photos & details needed to complete the project.
Client agrees that any additional required information will be given to the Developer prior to the Developer beginning work on the site including information requested to complete the Notebooks inside Teamwork.
Client agrees that any options that were not included in this form or sent separately by email are forfeit from the original package or are subject to an additional fee.
The Client agrees that while they will retain full ownership of the Website, that all Copyrights of any Themes or Plugins used in the design of the Client’s Website are retained by their original owners.
Developer agrees that all content in the Website shall be the original creation of the Developer which is created for the sole purpose of this project, except as specifically consented to and agreed upon by the Client or included in the Demo site. In the event that the Client consents to the inclusion of any materials that are created by any other party or that have been previously created by the Developer, Developer agrees to take all actions necessary to expend funds necessary to procure an unlimited, royalty free, world-wide license for the Client to use any such materials in connection with the Website, and where required by the Client, in connection with the Client’s other activities, such as advertising and marketing.
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. By filling out any of the Developer’s Honey Do Lists & checking the box at the bottom of the Honey Do List, 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.
3. Electronic Consent
In lieu of this electronic “Terms & Conditions”, the Client has the right to request a paper copy of these “Terms & Conditions” before signing up. If Client wants a paper copy, please request it by email at email@example.com and Developer will send you a paper copy via email, mail or fax.
4. Hold Harmless
Client hereby indemnifies and holds the Developer harmless from any claims, suits, threats, demands, liabilities, settlements, negotiation costs and expenses, other costs, and attorney fees related to any third party’s claim that the Website &/or any part of the Website content or Social Media content created on behalf of the Client, infringes upon or interferes with any proprietary right of such third party, including but not limited to copyrights, trademarks, trade secrets, privacy rights, moral rights, patents, publicity rights, subscriptions, contests, sweepstakes, giveaways or any other right that may now or at any time in the future exist under any federal or state law. Client also agrees to hold the Developer harmless from any claims, suits, threats, demands, liabilities, settlements, negotiation costs and expenses, other costs, and attorney fees related to all contests, sweepstakes, giveaways that are included or posted on behalf of the Client by the Developer on the Website or on any social media sites.
5. Graphics & Content provided by the Client
The Client agrees that any content, graphics, images or photography provided to the Developer with the intent to design/create the Website &/or content created for Social Media are owned in full by the Client and the Client shall hold the Developer harmless from any claims, suits, threats, demands, liabilities, settlements, negotiation costs and expenses, other costs, and attorney fees related to any third party’s claim that the Website, Website content or Social Media content, infringes upon or interferes with any proprietary right of such third party, including but not limited to copyrights, trademarks, trade secrets, privacy rights, moral rights, patents, publicity rights, contests, sweepstakes, giveaways or any other right that may now or at any time in the future exist under any federal or state law. Client agrees to proofread all content before going live and hold the Developer harmless from any claims, suits, threats, demands, liabilities, settlements, negotiation costs and expenses, other costs, and attorney fees related to said content. Client accepts all responsibility, legal or otherwise, for any errors, costs, or expenses related to incorrect content once said content has been published.
6. Designer Credit & Publicity
Following completion and delivery of the Website and acceptance by the Client, Developer shall be permitted to list the Client and the Client’s Website on the Developer’s Website and in any of its marketing and advertising as having been developed by the Developer. The material included on the Developer’s website shall include a screenshot of the Clients Website and a hypertext link to the Client’s Website. Client shall have full discretion as to the form and content of such acknowledgment and the appearance of any image or link.
Following completion and delivery of the Website and acceptance by the Client, and for a period of 12 months after the website is launched, Client shall include a credit to the Developer in the Footer of every page of the Website. The credit to the Developer shall be designed and placed in the Footer by the Developer but shall be in form and substance that is reasonably acceptable to the Client. The credit shall also include a hypertext link to the Developer’s Website.
7. Additional Information & Customization Services
Client understands that any special additions outside of the regular setup, theme design & IDXBroker Platinum integration will be charged at $85/hour for IDXBroker Developer partners and $125/hour for non-IDXBroker Developer partners billed before project goes live.
Client agrees that they will send all additional instructions, documents, photos or information NOT included on the Honey Do List by email within 24 hours of submitting this form or that all new items added after the 24 hour period will be subject to an additional fee.
Invoices will be provided by the Developer 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 one and one-half percent (1.5%) or $30 per month of the total amount due.
9. Additional Expenses
Client agrees to reimburse Developer for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, premium plugins, custom graphics etc.
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 or off of Developers’ hosting, Developer will, at its discretion, remove all such material from the Clients’ web space. Once the Client has paid the invoice in full, Developer will, at its discretion, re-publish the content back to the Clients web space. Developer will, at its discretion charge a nominal fee for republishing the content. If the Client willfully removes Developer from the website and re-publishes the content or customizations related to the invoice in default, Client agrees to pay all remaining invoices in full within 24 hours or be subject to prosecution by the full extent of the law.
Developer 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 $25 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 Developer reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Developer in enforcing these Terms and Conditions.
11. Early Termination
In the event that this agreement is terminated prior to the completion of this website, the Developer will be compensated only for such work that has been completed prior to the date of termination.
12. Termination of Services
Termination of ANY services (including IDX Broker) by the Client must be requested in an email notice and will be effective on receipt of such notice with the exception of Blogging & SEO Services. Blogging SEO services are pre-written and can only be cancelled 30 days in advance. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. 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.
13. Website Design & Maintenance Services
Client agrees that by purchasing the $399 website design package they are purchasing a full WordPress site for a one time fee that Client will own in its entirety (separate from any theme or plugin copyrights) and upon its completion and delivery, the Developer is no longer responsible for any plugin failures, WordPress Core failures, theme failures or other similar issues that may arise.
Client understands that hosting charges begin the day of purchase and continue throughout the design process.
Client understands that if they have chosen to include WP-SUB services with any package that payment begins the day of purchase and continues throughout the design process.
Client understands that the Developer shall retain one final full backup of website for a period of 60 days following delivery of the site. Thereafter the Developer has the option to destroy all backups unless the Client has purchased WordPress Hosting of said website.
Client agrees to be responsible for securing, updating & backing up said Website & will not hold the Developer responsible for any errors or failures that may happen after the delivery date if they decline to purchase the WordPress Security, Updates & Backups option.
Client understands that if they want WordPress Security, Updates & Backups handled for them that they can purchase them separately from the Developer at an additional cost through this link: Get WP-SUB.
14. Independent Contractor Status
The parties agree that the Developer shall be an independent contractor and not an agent, employee or representative of the Client. Client shall have no right to direct or control the details of the Developers’ work with other Clients or Customers. Developer shall not receive any fringe benefits or other perks that the Client may provide to its employees and Developer agrees to be responsible for its own business overhead and costs of doing business and to furnish (or reimburse Client for) all tools and materials necessary to accomplish the services required of Developer pursuant to this Agreement, and shall incur all expenses associated with performance, except as expressly provided in this Agreement or amendments to this Agreement. Developer shall be responsible for paying for all taxes on payments received pursuant to this Agreement and that Client shall have no obligation to withhold taxes from the service fees payable to the Developer hereunder. Developer hereby indemnifies and holds the Client harmless of any obligation that may be imposed on Client (i) to pay in withholding taxes or similar items or (ii) resulting from Developer’s being determined not to be an independent contractor.
15. Client Review
Developer 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 Developer otherwise within fourteen (14) days of the date the materials are made available to the Client.
16. Project Delays and Client Liability
Any time frames or estimates that the Developer has been given are contingent upon Client’s full co-operation along with complete and final content for the work pages. 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’s side and be made available on a daily basis in order to expedite the feedback process. Developer will not be responsible if the web design project remains largely unfinished or is delayed, due to Client’s own inaction, or by not approving design mockups / requesting web design changes on time. After the initial 45 calendar days, if the project is still unfinished, $125/hour would be billed for any further change request.
17. Web Browsers
Developer 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, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Developer cannot guarantee correct functionality with all browser software across different operating systems.
Developer cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Developer 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.
18. Post-Placement Alterations
Developer 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 new plugins, theme modifications, additions, code modifications or deletions.
Developer 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 Developer 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 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 original provision.
21. Refund Policy
It is the Developers intention to work sincerely & dedicatedly to satisfy the Client. If Client is still not satisfied they can request a refund per the Developers’ refund policy as follows:
For New Website Design: 100% payment will be refunded, if requested within 15 calendar days from date of order.
Subscription Cancellations will cancel on the next payment date.*
- Refund not applicable on domain registration fees.
- Refund not applicable for express service clients.
- Refund not applicable for any delays out of our control.
- Refund not applicable once website is completed.
- Refund not applicable on web hosting fees.
- Refund not applicable on monthly or yearly subscriptions.*
- Refund not applicable on Customizations.
- No refund would be provided in case of abusive communications.
IDXBroker is a separate service. YourSiteNeedsMe, LLC can place your request to cancel your services but all refund requests must be directed to firstname.lastname@example.org.
22. Right of Refusal
Developer reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also Developer has the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications.
23. WP-SUB & Maintenance Services
Client understands that all backups are kept for a period of 6 months. Any backups older than 6 months may be removed from long term storage.
24. Governing Law
Regardless of the place of signing of this agreement, Client agrees that for purposes of venue, this agreement was entered into in the state of Michigan, United States. Any dispute will be litigated or arbitrated in the state of Michigan, and Client hereby consents to the personal jurisdiction of the Jackson County, Michigan Courts.
This Agreement constitutes the entire understanding of the parties. Terms & Conditions are subject to change without notice.