Terms of Service
Terms of Service
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what, and what happens if things go wrong. In this contract, you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into agreeing to something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
You are hiring The Creative Design Co., to design and develop a website, and to provide hosting and support, for an initial twelve (12) month, annually and automatically renewable, term.
WHAT DO BOTH PARTIES AGREE TO?
As our customer, you have the power and ability to enter into this contract on behalf of yourself, your company, or your organization. You agree to provide us with everything that we need to complete the project, including text, images, and other information as and when we need it, and in the format that we ask for. You agree to review our work and provide feedback and sign-off approval in a timely manner, too. Deadlines work two ways, and you will also be bound by any dates that we set together.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way, we will endeavor to meet all the deadlines set, but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off on our work on time at any stage. On top of this, we will also maintain the confidentiality of any information that you give us.
Details Of The Work
We will create designs for the look-and-feel, layout, and functionality of your website, and will implement those designs on a platform suitable for you.
HTML/CSS LAYOUT TEMPLATES
If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid HTML5 markup and CSS3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla, Opera, and Google.
We will not test these templates in old or abandoned browsers, for example, Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox, or Opera, unless otherwise specified.
We will do our best to capture your vision and include some helpful headers and a good layout. When we don’t know what to say, we’ll ask. Since you know what you need to say best, we are not ultimately responsible for writing and/or inputting any and all text copy. We will not be responsible for writing more than 100 words of content in total for your website. We will not support adding large amounts of additional content to blogs, portfolios, learning management systems, resources pages, or similar components of your website.
If needed, you will supply us with photographs in digital format. These photographs may include product photographs, location photographs, personnel photographs, and the like. We can always provide stock images to supplement your original content.
CHANGES AND REVISIONS
We know from plenty of experience that you need the flexibility to change and update your website whenever you want. Your annual payment for this service includes unlimited design work, within reason, for that annual term. We will work within reason to achieve your desired end result. In an effort to streamline communications, and therefore keep the cost of this service low, any and all update requests, revision requests, or otherwise, general support requests, or any other communications will be available by email only with no exceptions. Support is provided in accordance with our support policy.
Because maintaining a website can be tricky, especially if we want the ability to update it for you, we require that you host your new site and keep your domain registration with us. We will need certain information from you in order to migrate your domain over and launch your site, which you will need to provide to us in a timely manner.
THINGS WE CAN’T DO
Almost anything is possible with computers and websites, but there are certain things that are outside of the scope of this agreement. We will do our best to accommodate your needs, but it is your responsibility to accurately describe exactly what you need before paying your invoice. We can do most everything, but we can’t do things like custom application development, complicated coding, and the like.
We do not support any third-party plugins you may request. We can add the plugins, and assist with loading them onto a page, but any additional customization, configuration, or implementation is your responsibility only.
This agreement is between you and The Creative Design Co., Subject to the terms and conditions set forth in this agreement, we will provide web design and hosting services for your site, subject to the following terms:
LENGTH OF SERVICE
You agree to a twelve (12) month contractual term of service, plus a one-time thirty (30) day trial period subject to the terms of this agreement and not available on subsequent renewals.
SERVICE START DATE
The first payment shall be due in advance of any service provided. Service shall begin when we receive payment for the first term of service.
RENEWAL BY CLIENT
This agreement will automatically renew for successive twelve (12) month terms unless canceled in writing by you at least thirty (30) days prior to the end of term renewal date. If you cancel your service, you will still be responsible for the remainder of your annual payment, and we reserve the right to maintain control of your website, content, and domain registration until such payment is received in full. Renewal prices are subject to change. Renewal of services by you indicates agreement to any contract revisions and price changes. Renewal fees for the following term will be automatically invoiced and charged to your account.
If within thirty (30) days, you are dissatisfied with our work for any reason, you may terminate this agreement and receive a full refund. You will not be entitled to keep any work we have completed if you exercise this right. This thirty (30) day period begins at the acceptance of this agreement. After submitting the initial online questionnaire after signup, you will have up to 30 days to request a refund if, and only if, you do not choose to request additions, changes, or revisions to our initial work. If you wish to enter the Revisions Process by requesting additions, changes, or revisions, you agree that you are satisfied with our ability to provide website development services and you forfeit any right to a refund at that point. If you do enter the Revisions Process, you may still cancel your agreement within thirty (30) days, but you will not be entitled to a refund nor will you be entitled to keep any of our work.
We will assist in the transfer of your website content to another server only at the end of your annual term, or at any point once the total amount due for the remainder of the current annual term has been paid.
The cost is $1080 per year, plus a one-time setup fee of $250. The one-time $250 setup fee is due at the execution of this agreement. The annual cost of $1080 can be paid in monthly installments of $90, beginning the same day after the execution of this agreement. Any default in this agreement will cause the full unpaid amount to be due immediately without any discount for early payment. The annual cost includes the following:
- Website design and development
- 500 MB Storage
- 10 GB Bandwidth
- PCI Compliance
- Scheduled Daily Backups
- On Demand Backups
- SSL certificate
- Domain registration (one domain included)
- Email support (in accordance with our support policy)
- Content updates
You authorize regularly scheduled charges to your Visa, MasterCard, American Express or Discover card. You will be charged each billing period for the total amount due for that period. You agree that this authorization will remain in effect until you terminate this agreement.
A $45 late fee will be assessed on all late payments if we choose not to exercise our right to accelerate the remaining payments of your annual term due to delinquency, as expressly authorized in this agreement.
We do offer other services not covered here. Those other services may include additional graphic design, printing, and more. Those services will be invoiced separately and subject to the terms and conditions found on their respective invoice(s), and/or estimate(s), for those services.
We may terminate this agreement at our sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the agreement upon receipt of written notice from us regarding said failure, 2) upon you filing an application seeking relief from creditors, 3) upon mutual agreement in writing of both parties. If the agreement is terminated due to payment delinquency, we reserve the right to maintain control of your website, content, and domain registration until such payment is received in full.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this agreement, the prevailing party will be entitled to recover all costs, legal fees, and expert witness fees, as well as any costs or legal fees in connection with any appeals.
You will indemnify and hold us harmless from and against any and all claims, judgments, awards, costs, expenses, damages, and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted, or imposed against us directly or indirectly arising from or in connection with your marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this agreement by you.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by you or that you have permission to use them.
Thirty days after we receive your first annual payment and setup fee after the money-back guarantee period has expired,, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them safely as we are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs, and other data you provided unless someone else owns them. We own the XHTML markup, CSS, and other code and we license it to you for use on only this project.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine and news articles, and in books about web design.
We also reserve the right to place text and a link in your footer that gives credit to us for your website design. These footer messages help us reduce advertising costs and keep our service affordable. As such, if you really want us to remove that, you will be charged a one-time fee of $50, due to us before we remove the text and link.
More Legal Stuff
We can’t guarantee that the functions contained in any web page templates or in a completed website will always be error-free, and so we can’t be 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, your website and any other web pages, even if you have advised us of the possibilities of such damages.
In the event of a legal dispute over this agreement, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this agreement.
BUT WHERE IS ALL THE HORRIBLE SMALL PRINT?
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
This contract is a legal document under the exclusive jurisdiction of Adams County courts. You agree that any disputes arising from this contract shall fall under the exclusive jurisdiction of Adams County, Colorado, and you agree to travel, if necessary, to Brighton Colorado to appear in court.
You agree to waive personal jurisdiction in your state and you agree to submit yourself to jurisdiction in Adams County, Colorado.
Revised on January 02, 2019