My Amanda Website Build TOS

This is the Terms of Service for web design and development for My Amanda Design.

Summary:

We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

What do both parties agree to do?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us everything we need to complete the project in a timely manner and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.

Getting down to the nitty gritty

Text content

We’re not responsible for writing any text copy. If you’d like us to write new content for you, we can provide a separate estimate for that.

Providing content in a timely manner is your responsibility. Content, copy, images, and links need to be provided in an organized manner before coding starts on your site. Coding on your site will not begin until all copy, images and content have been provided. A project is stalled when copy is not provided. As such, you will be billed the remainder of your balance 60 days after the start date even if copy and feedback have not been provided.

NOTE: Errors in text or formatting that I have introduced into your content will be fixed for free. However, edits such as typo/grammatical errors/wording changes carried over from the original copy are $30 for each round of changes and $2.00 per edit.

Photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.

Browser Testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

I test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox. If other browser capabilities are needed, please make that known as additional charges will apply.

We won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

Responsive testing

Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in:

iOS: Safari, Google Chrome
Android 4.1: Google Chrome, Firefox
Android 3.2: Browser, Firefox

We currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.

Technical support

We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.

Project Communication

After the first initial introductory phone call, I prefer email as my main means of communication so that I have all correspondence on file to use as reference when working on the project. It also allows me to keep my costs affordable by not adding additional time to projects.
However, if I feel a phone call is needed, I will schedule that with you via email. Excessive phone calls and/or Skype are subject to be billed at $35 half-hour increments or will be subtracted from your project funds of which you will be notified.

You have 48 hours from initial communication to give feedback, answers, or any other requested information or all subsequent deadlines are null and void and must be renegotiated.

After receiving the initial files and payment, I will deliver a proof in 2 weeks’ time. Work will cease until you contact me with an approval or requested changes. The project will be completed within 4 weeks after approval by you to complete the project as agreed upon by the proofing process.

Changes and revisions

We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that.

Here are some tips to make the most of changes and revisions:

Be specific with your feedback. If you are requesting revisions, it is most effective to offer examples of colors, fonts, images and sites you like. Excessive revisions, tweaks and miscellaneous changes are subject to additional charges at my discretion.

Errors in text or formatting that I have introduced into your content will be fixed for free. However, edits such as typo/grammatical errors/wording changes carried over from the original copy are $30 for each round of changes and $2.00 per edit.

I am not responsible for revisions or updates to a project once the final agreed upon deliverable has been sent. If additional design, coding, or edits associated with this project are needed, a new project agreement will be created.

NOTE: Once you approve a design, it's considered final. Final means we're happy to make changes should you request them but all changes will be quoted and billed separately. Be sure to proof read before giving the go-to finalize the design.

Project Stall/Resume

I understand there are circumstances when website builds must be stalled. In the event you choose to stall, abandon or discontinue working on your project, you will be billed for the final balance within 5 business days of written notice.

If you have not provided My Amanda Design with the required approvals, feedback, or content for any 30 day period after a request has been initially made, we will automatically consider the project abandoned.

When you are ready to resume your project, you will be billed a project re-opening fee of $800 and we will schedule and finish the project within the scope guidelines originally laid out. Should the scope change, you will be billed at My Amanda Design's current rate. One the re-opening fee has been paid, your project will be placed in the queue.

Please remember that payment is due when I have completed each stage, not when your content is ready.

Legal stuff

We can’t guarantee that our work will 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, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Copyrights

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.

Then, when your final payment has cleared, copyright will be automatically assigned as follows:

You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.

We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.

We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display a link to our site in the footer as well as link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.

Payments

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

A non-refundable 50% deposit is required up front before you are added to my design calendar. You will not be put in my queue until payment is received. Delayed payment directly impacts your final project delivery date.

I will send you a Paypal invoice, and I will begin your project on the agreed upon date provided I have received prompt payment. You do not need to have a Paypal account in order to make a payment. There is an option on the invoice to pay via credit card, debit card, or electronic check.

Payment Schedule

  • Non-refundable Deposit: 50% – We will provide you with a photoshopped image that will eventually become the coded website. This will determine the initial framework, layout, and design. We send the image, you send me edits and changes and I will make the changes and edits to get the mock-up just right before any code is ever touched.
  • Mockup sign-off: 25% due – When the initial framework, layout, and design has been approved (this is still before code is touched) I will bill you for 25% of the balance due. This will need to be paid before coding begins.
  • Programming sign-off: After we code the approved website on our server the 25% remaining balance will be due prior to transferring the site to your server.
  • Any additional costs incurred (stock imagery, additional pages and/or features) outside of the initial scope will be billed upfront and payable at the time approved.
  • NOTE: You will be billed for each stage immediately upon the completion of each stage of the project. We will move forward with payment of the invoice.
  • Content, copy, images and links must be provided within the 60-day period. If the project exceeds 60 days from the first payment – the total balance will be due and additional charges will apply when you choose to resume the project.

Website Maintenance

Once your website is approved, switched to your server, and live any additional changes or tweaks will be subject to my regular rates. I do offer monthly website maintenance packages as well as a retainer for frequent updates to copy, design, pages, sliders etc.

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