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Your Marketing Voice

Terms & Conditions – OLD

Summary

We will always do our best to fulfill your needs and meet your goals; however, sometimes it is best to have a few simple things written down so we both know what is what, who should do what, and what happens if something goes wrong. In this contract you will not find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing an agreement you might later regret. We do want what’s best for both parties, now and in the future.

In short

You are hiring Impact Marketing Solutions, Inc.to [design and develop a web site] for the estimated total price outlined in our previous correspondence.

This includes the following:

  1. Custom Website Design with Unlimited Revisions.
  2. Custom programming for website design.
  3. Up to 5/10/15 initial website pages added (depending on package selected)
  4. Two Custom website forms with up to 10 fields.
  5. Social media icons and connections
  6. Integration of Videos and Image portfolios.
  7. Website Hosting – No limit on Disc Space or Bandwidth
  8. Hosting and Website Technical Support
  9. Website Changes and Revisions Support

What do both parties agree to do?

As our customer, you have the power, and ability, to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images, and other information as needed,and when needed, and in the format we ask for. You agree to review our work, provide feedback, and sign-off approval in a timely manner. Deadlines work two ways, so we both will be bound by any dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

We have the experience and ability to perform the services you need, and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all deadlines; however, we are not responsible for a missed launch date or deadline if you have been late in supplying information, required materials, or you have not approved or signed off our work in a timely manner. In addition, we will also maintain the confidentiality of any information you provide us.

Design

We will create designs for the look-and-feel, layout, and functionality of your web site. This contract includes one main design plus the opportunity for you to make unlimited rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work produced up to that point ($500 for design work), and you may either cancel this contract or continue to work with us to make further design revisions till you are happy with the design. Once the design is approved that will what is programmed as the website. Further design changes after programming with have a $100 per hour change fee.

WordPress/CSS/HTML layout programming

We will develop your website using CSS/HTML in the WordPress open source software for your websites styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, and Mozilla.

We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5, and 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the hourly rate set out in our original estimate for any necessary additional code and its testing.

Text content & Photographs

Web Copy and photographs are not included and are required by you to provide in a timely fashion.

You will supply photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. If we spend searching for appropriate photographs will be charged at $100 per hour.

Videos & Image Portfolios

Videos and Images are not included but we are happy to add and recommend you add them to your website. Videos will need to be uploaded by you to a video host service for us to use. Images will need to be sent. If there are large quantities of images we request you send them in a zip file.

Website Changes and Revisions

We know from experience that charge by the hour contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work and more importantly your budget. We do not want to limit either your options or your opportunities to change your mind.

You will be charged the monthly flat rate set out in the estimate we provided. Along the way we may ask you to put requests in writing in order that we will be able to keep track of changes.

Our Monthly Website Changes and Support Includes the following:

  1. Revisions, Additions, or Deletions of text content or images on existing pages and or post.
  2. Revisions of colors changes.
  3. Revisions of removing or adding new logos.
  4. Changing site domain or pointing alter domains at the website.
  5. Assistance in adding up to 5 blog post.
  6. Assistance in adding up to 5 new pages and content for those pages per month.
  7. Assistance in technical issues within the WordPress platform.
  8. Assistance in WordPress and theme updates.
  9. Support is provided within a 7 working day window. For quicker support issues please contact us by email.

This does not include revisions to the website layout and design. We hold the right to determine what revisions will hold an extra charge on top of the monthly fee agreed upon.

Website Hosting and Technical support

You may already have professional web site hosting; you might even manage hosting in-house; if that is the case we are unable to manage and support your hosting. If you do not manage your own web site hosting we can set up an account for you with our preferred hosting. This will be included in the monthly hosting and support cost mentioned above.

Legal stuff

We are not able to guarantee the functions contained in any web page templates, or in a completed web site, will always be error-free, and therefore you agree we will not be held liable to you, or any third party, for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.

If any provision of this agreement is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights

You guarantee to us any elements of text, graphics, photos, designs, trademarks, or other artwork you provide us for inclusion in the web site are either owned by you, or you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements we create for you for this project. We will give you a copy of all files and you should store them securely and safely as we are not required to keep them or provide any native source files we used in making them.

You also own text content, photographs and other data you provided, unless someone else owns them.

Payments

We are sure you understand how important it is as a small business for you to pay the invoices we send you in a prompt and timely manner. We are also sure you will want to stay friends, and you therefore agree to stick tight to the following payment schedule.

1. 50% payment will be due upon submission of the project survey.
2. Once concept is complete payment is non-refundable.
3. If you are not purchasing the $39.99 per month support and hosting package. 50% will be due at project survey submission and 50% due once website is online. (this does not mean the site is complete, only when the site is viewable on an internet browser).

Meetings

To keep your cost low we do not include any in person meetings with our development. We will be happy to meet with you on request at our $100 per hour fee.

But where is all the horrible small print?

Although the language is simple, the intentions of this document are serious. Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it shall remain in place.

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