TOS

SUMMARY

We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few things in writing so that we both know what is what, who should do what, and what happens if anything goes awry. You won’t find complicated legal terms or large passages of unreadable text within our contracts; we have no desire to trick you into signing something that you might later regret. We do, however, want what’s best for the safety of both parties, now and in the future.

THE BASICS

You are hiring us (WebSmith International) addressed at 365 N Old Glenn Hwy, Palmer, AK 99645 to providing/supplying services/products for the estimated total price outlined in the pertaining quote. Of course, there’s a lot more to it than this, but we will cover that shortly.

WHAT DO WE 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 and when we need it, and in the format that we specify. You agree to review our work, provide feedback and sign-off (written or verbally) approval promptly as well. Deadlines work two ways, and you will also be bound by any dates that we set together. You also agree to adhere to the payment schedule set out at the end of this contract. 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 cannot 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 our work on-time at any stage. On top of this, we will also maintain the confidentiality of any information that you give us.

PROJECT ELEMENTS

DESIGN – We will create designs for the look and feel, layout, and functionality of your website. This contract includes up to two main versions plus opportunities for you to revisions to each. On approval of a design direction, we will move into creating sub-pages that may require approval. Opportunities to revise these pages will also be available. If you’re not satisfied with the direction of the project after initial attempts, we will retain the down payment and you may either cancel this contract or continue to commission us to make further design revisions. Each additional revision will be billed at a rate of $85 per hour and will add to the total cost set out in our original estimate.

HTML/CSS – If the project includes our development services, we will be providing them through the use of W3C valid HTML5 and CSS3. We will test all of our markup in the current versions of all major browsers, including those made by Apple, Google, and Mozilla. We will also check to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 11+ for Windows, as this browser doesn’t like to keep up with the rest. We will not test in old or abandoned browsers unless otherwise specified. If you need to show the same or similar visual design to visitors using outdated browsers, please let us know so we can include any additional costs into the project’s budget.

PHP/JAVASCRIPT – If the project requires any dynamic elements via PHP or added functionalities via JavaScript, we will develop these processes and ensure they are capable of being handled in a similar manner by all of the same major browsers listed previously. These tasks are also subject to the same stipulations of outdated browsers as listed previously.

TEXT CONTENT – We are not responsible for writing or inputting any text copy unless specified in the original project budget. We’ll be happy to help though, by providing our services at the rate of $125 per hour for copywriting or content input. The time needed for researching information required for content generation is also considered billable hours.

ADDITIONAL MEDIA – You will supply us with any media necessary to complete this project unless otherwise specified. If you are in need of generating this type of content, we can suggest vendors for you to use or you may contact us to handle this process. Any time spent producing/searching for media will be billed at the rate of $85 per hour.

CHANGES AND REVISIONS

We don’t want to limit either your options or your opportunities to change your mind. We base all project quotes on estimations of the necessary time required to accomplish all project goals. If you wish to change direction, add extra pages/layouts, or even add new functionality, that won’t be a problem. Any additional work will be billed at the rate of $105 per hour.

TECHNICAL SUPPORT & MAINTENANCE

WEBSITES – We will provide full website support for the first 30-days after project completion at no additional cost to you; ensuring a bug-free environment for you and your users. After this period has expired, our standard maintenance rate is $105 an hour, with a one-hour minimum. However, we do offer extended contracts for our services, which include discounted rates for guaranteeing work over time. We are happy to supply more details about providing this type of service per your request.

HOSTING – If you already have a hosting solution (professional provider or in-house hosting for the ambitious), we can provide maintenance and technical support for the majority hosting/domain providers for $105 an hour. This service includes any additional set up that may be required plus assistance with support issues. However, if you have a WebSmith Int’l domain or hosting account, any maintenance, support issues, or set-up required is provided free of charge for the first 6-months after signing this contract. Any other assistance we provide for our domain/hosting accounts is subject to a discounted billable rate of $65 per hour and our discretion.

THE LEGAL SECTION

We said we wouldn’t fill the contract with legal jargon, but there’s a little in here; this is your forewarning.

We can’t guarantee that all of the projects we develop will always be error-free. We cannot be liable to you or any third party for damages. These may include (but are not limited to) lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate anything we have developed; even if you have advised us of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason is 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 that you own any text, media, trademarks, or other resources provided or that you have permission to use them.

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

We take pride in our projects and love sharing them with others. It’s important that we can certify our work through unobtrusive acknowledgments within the project. We reserve the right to have WebSmith International credited and linked within the footer of any website we develop. Also, we reserve the right to display and link to your completed project from our portfolio and to write about the project in any public media.

PAYMENTS

We prefer to have our project billing broken up, making it easier for our clients as well as providing funding to keep the project moving forward. It also allows for a more concise bill to be determined at the end of the project that may have otherwise been inaccurate.

FIRST PAYMENT(30% of the project budget) – Due at the beginning of the project. No work will begin until the initial payment has been received. This installment is non-refundable and guarantees your company work from WebSmith International. 

FINAL PAYMENT(Remainder of project balance) – Due after the project is complete from a development standpoint and no further work from is required from WebSmith before project launch. Projects only requiring content or elements that are not the responsibility of WebSmith will be considered complete, and the remaining project balance will be due.

OTHER PAYMENTS – Any additional work required that is out of the project’s scope will be billed weekly at $105 an hour and is subject to the terms outlined in this document.

LATE PAYMENTS(30 days past due) – Initial $150 fee plus a recurring monthly fee of 5% of the total project balance until payment has been made in full.

Not all projects will fit this model for billing and payment. Any adjustments to our standard billing schedule can be made to accommodate them. All parties will be acutely aware of their responsibilities within the payment and billing cycle before the project launch.

AND LAST BUT NOT LEAST, THE FINE PRINT!

You cannot transfer our contracts to anyone else without our permission. Our contract stays in place and does not require renewal. If for some reason one part of our contract becomes invalid or unenforceable, the remaining parts of it remain in place.   Although the language is simple, the intentions are serious, and this contract is a legal document under exclusive jurisdiction of the United States courts.