LoveFire Web Services on Evol1212
SPECIFIC WEB DESIGN AND DEVELOPMENT Terms and Conditions 1. STANDARD TERMS AND CONDITIONS These are the standard terms and conditions for Website Design and Development (this is specific to the aforementioned and is to be considered as a specific addendum to the main web services terms) and apply to all contracts and all work undertaken by Shylo Love & LOVEFIRE Web Services for its clients. 2. OUR FEES AND DEPOSITS A 50% deposit (to a minimum of $500.00) of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining % or total shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full. The deposit is non refundable. The remainder is subject to a 50% refund, if we have not fulfilled our obligations to deliver the work required under the agreement if disagreements arise. This is due to the vast amount of work that goes into making a website aside from the small details. This also prevents people who are not serious about a website from starting a serious project on a whim. Nothing paid is refundable if the development work has been started and you terminate the contract through no fault of ours. These terms can be negotiated on a contract to contract basis and we reserve this right due to individual circumstances. 3. SUPPLY OF MATERIALS You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed. Our fees for obtaining appropriate content for you, such as; photos, for rewriting your text and copy, for regular updates of the content, for social media posting and updates, and maintenance/back ups of the website are additional charges outside of the web design project costs. Our hourly rate ranges based on the work from 40-100$ per hour as negotiated with the customer. Our monthly maintenance charges start at $50/month and go up to $250.00/month or more. 4. VARIATIONS We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $100.00 per hour. 5. PROJECT DELAYS AND CLIENT LIABILITY Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography 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 your side and be made available on a daily basis in order to expedite the feedback process. 6. APPROVAL OF WORK On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due. 7. REJECTED WORK If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work. 8. PAYMENT Upon completion of the 7-day review period, we will invoice you for the balance of the project and any additional fees you have incurred for your particular project as negotiated in advance. 9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website. 10. LICENSING Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website. Until such payment has been made, the license for the website is owned by LOVEFIRE. 11. SEARCH ENGINES We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice. 12. CONSEQUENTIAL LOSS We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises. 13. DISCLAIMER To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of LOVEFIRE under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform. 14. SUBCONTRACTING We reserve the right to subcontract any services that we have agreed to perform for you as we see fit and pass on the related charges as part of negotiated agreements. This covers 3rd party products and integration of said products and related costs thereof are the responsibility of the customer as 3rd party billed by LOVEFIRE. 15. NON-DISCLOSURE We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party. 16. ADDITIONAL EXPENSES You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses. 17. BACKUPS You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. IF you wish to have a backup, update and maintenance plan, we offer these in a complete package for $250.00/month. 18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred. This will be supplied upon request within 24 hours. 19. GOVERNING LAW The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Canada. You and LOVEFIRE submit to the non-exclusive jurisdiction of the courts in and of Canada in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you. 20. CROSS BROWSER COMPATIBILITY By using current versions of well supported content management systems such as “Joomla”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found. Unless you have a backup, update and maintenance package you are responsible for keeping your own CMS system updated to avoid service interruption and or hacking attempts. We recommend a maintenance package if you are unfamiliar with what this entails. 21. E-COMMERCE You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify LOVEFIRE and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.