terms of service
*Please note that this is not our full contract. If you're making a payment, please be sure you have reviewed our full contract. Placing your deposit binds you to the full contract.
1. Buyer's responsibilities
a) Resizing, editing, and uploading product pictures.
b) Data entry for all products.
c) Text and Data entry for all pages.
d) Providing questionnaire results in a prompt and timely manner.
e) Commitment to work with seller to complete the site in a prompt and timely manner.
f) Maintaining products, product images, and text.
g) Requesting integration of third party integration services, if applicable, (ie; quickbooks integration, fulfillment/warehouse integration, alternative gateway integration, etc)
h) Designs do not include printing. All printing is the responsibility of the client.
i) Web hosting account purchase prior to installation of software and administration of tutorials
2. Sale of Services
Seller shall sell to Buyer the service described below (the ''Service''):
3. Description of Services
3-a. Description of Phases
1. Phase 1 is the Pre-Design phase which is activated with First Payment of $995.00 which secures Buyer's position on the waiting list for design start date. Seller will create various accounts for Buyer including client accounts and drafting accounts. During this time, Seller will set up basic holding page and email accounts (if requested). Buyer will begin gathering content, resizing photographs, and creating site map outline during Phase 1.
2. The buyer will receive two (2) questionnaire forms (the Phase 1 questionnaire and the Phase 2 questionnaire). The purpose of the two questionnaire forms is to aid the seller in the design of the buyer’s website. The design of the website cannot be started until both questionnaire forms are completed and sent to the seller.
3. Phase 2 is the Design Phase which is activated by Second Payment. Upon receipt of Phase 2 questionnaire, Seller will create logos, graphics, and templates that Buyer will receive to draft, revise, and approve. There are no limits to the number of revisions made to logos and templates prior to the final payment. Once buyer’s templates are finalized and final payment is made, any additional revisions shall incur additional charges which are payable on demand of seller.
4. Phase 3 is the Installation Phase which is activated by Final Payment (if applicable), completion of Third Tutorial tasks, and by Buyer signing off on all templates designed. Seller will install finalized templates into Buyer's website and complete tasks connected with website launch including blog, newsletter template, printables, etc (if applicable). Buyer will complete purchase and setup of Security Certificate and Merchant Service among other tasks. The buyer has thirty (30) days after start of Phase 3 to complete Phase 3 questionnaire for completion of printables to the seller. If this does not occur, the buyer forfeits 5 printable items. List must be complete to begin working on printables, including all items requested for design and template from Buyer's printer. Once the printables are completed and approved, any changes will be commissioned on an hourly basis.
3-b. Tutorials
1. Tutorial 1 - The buyer will be taught by Seller via phone tutorial how to upload and add products and text to buyer’s website. The buyer is responsible for all cropping and sizing of images to be uploaded to the buyer’s website.
2. Tutorial 2 - The buyer will be taught by Seller via phone tutorial how to manage content management functions in Buyer's website. Second tutorial will not be administered until Tutorial 1 tasks are complete.
3. Tutorial 3 - The buyer will be taught by Seller via phone tutorial how to manage administrative functions in Buyer's website. Third tutorial will not be administered until Tutorial 2 tasks are complete.
3-c. Deliverables
1. Upon receipt from buyer of all requested information by seller, a complete website including all graphics needed for the complete design of the website, logo, website graphics, three (3) web banners, and a choice of five (5) printable designs to accompany the website (i.e.: business card design, letterhead, postcards, address labels, etc.), if applicable, will be provided to buyer.
4. Payment
Payments are non-refundable and non transferable and shall be made in three installments.
1. Deposit of $995.00 is non-refundable and non transferable under any circumstance. Once payment is made, this contract between Buyer and Seller is considered valid. To reserve your start date on the waiting list, first payment of $995.00 is due in full.
2. Second payment to be paid prior to start of Phase 2. Payment is due within 30 days of last day of start week, a date which is sent via electronic email within 2 business days of paying deposit. If payment is not made within 30 days, 10% price increase per week will incur until full payment is made.
3. Final payment (if applicable) to be paid prior to installation of graphics. This payment is due within 30 days of approval of template. If payment is not made, 10% price increase per week will incur until final payment is made.
4. Optionally, Buyer's logo may be purchased prior to the completion of buyer's website. The cost of the buyer's logo is $500.00 for the first two hours of design work and $75.00 for each hour thereafter. Buyer must make the full payment of the total cost of the logo design before the logo copyright is assigned to the buyer. The cost of the logo will be subtracted from the total cost of the website balance due.
5. Seller reserves the right to terminate this agreement at any time and for any reason.
6. If the buyer requests suspension of services of Seller for any reason prior to payment in full, the agreed upon price will not change unless (i) Seller raises the rates, or (ii) rates are raised after activation of this contract, determined by date of First Payment or Deposit. If the rates have not been raised, the buyer will be notified via electronic mail when rates are raised to make the final payments due and owing within sixty (60) days. If the rates are raised after activation of this contract, final payments due and owing within sixty (60) days. If the final amount due and owing by buyer is not received by seller within the sixty (60) days, then buyer's final payment will be adjusted to conform to the new rates. If the Buyer becomes unresponsive and/or no progress is made buy Buyer toward completing the services in thirty (30) days, the project will move into suspension of services.
7. If this agreement is terminated by buyer, the buyer forfeits any payments made. Payments are non-transferable and cannot be applied to any a la carte services. The seller shall give the buyer an opportunity to purchase any materials not paid for by buyer at a price to be determined at a later date.
8. Integration of any third party software, including but not limited to fulfillment/warehouse integration, alternative gateway integration, Magento extensions, and quickbooks integration are not included in this agreement and will require a separate contract and commission.
9. There will be no hourly fees for customer support or telephone calls. Technical support is a separate service and is not included in this agreement.
10. All future maintenance and modification of the website and designs shall incur additional charges which are payable on demand of seller.
11. All software is installed AS-IS. Seller makes no claims or warranties to any software installed. Any modification of the software outside of installation of software and installation of graphics will be commissioned at Seller's current hourly rate.
