The Dreaded "Fine Print"

WebSite Design & Development Terms

 

The following terms and conditions apply to all web design and development projects. In an effort to remain current with the ever-changing technology world, we reserve the right to change these terms and conditions at any time without notice. Please check back often to ensure you are aware of any updates or changes to these terms.

 

  1. One Year Warranty Once the Site Goes Live: We make every effort to use the highest quality programming, but it is possible that at some point of a site’s life, a particular element or function will have compatibility issues with browsers and other elements and not operate as it was intended.  Though rare, this is an unavoidable possibility. Overall, website functionality is guaranteed for the period shown above.  If something breaks in that time, we will fix it or replace it at no cost to you.  Outside the warranty period, we’ll attempt to find the least expensive solution and charge at our normal service rate. If administrative control of the website is given to another web developer, the one year warranty will be voided.
  2. One Year of Licenses: All software licenses are covered for a period of one year from the start of the project, not the site launch. This is because we need the software active and licensed to build your website.  All software will still function outside of that time, but would be ineligible for updates.  If administrative control of the website is given to another web developer, any premium, automatically renewing or developer license keys will be removed.  The software will still function, but new licenses will need to be purchased for future updates.
  3. The Final Balance: The final balance of the project is due only once you are completely satisfied and we finish our portion of the work. We cannot launch a site or turn over control without the final balance being paid or a final PO being issued. So, please make allowances if you have strict check requisition policies or require multiple signors, etc.
  4. Project is Priced to Do Things Once: Unless otherwise specified, the project price does not include edits or changes to copy, functional elements, or photos after the initial placement.  Basically, we only priced working on these elements one time. If after you send us images or copy to use, and we place them into the site, and you then decide you’d like to change direction, additional content fees may apply.
  5. Changes and Additions: If you decide you’d like to add features or content while we’re working on the site, that’s no problem; we don’t want to limit your ability to change your mind. The price at the beginning of the contract is based on the amount of time we need to accomplish everything we’ve discussed, 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 additional time. This would include making significant changes to work already approved or provided to us, ready to use. We want to keep our prices reasonable, so we don’t budget for doing work twice or doing more work than we discussed.
  6. Project Turnaround: The proposed timeframe is very achievable by our team, but we can’t do it alone. To make this happen, we need your materials (photos, copy, logos, etc.) by the time indicated on the timeline, and a quick response on feedback, meeting availability and approvals. If you need more time, we understand, but it will push the site launch back.
  7. Access to Existing Site: If we are redesigning an existing website, the price and timeframe are based on having full admin access to the current site and server so content may be migrated as needed.
  8. Related Services Not Included: This project does not include the following services unless specifically stated. If you believe something should have been included but was not mentioned, please bring it up before the project starts.
    a. Site Monitoring – Once a site is launched, Mach4 does not regularly visit the site unless specified as part of a service plan.
    b. Search Engine Submission – Every site would benefit from great search engine traffic, so we offer some fantastic plans to help make that happen. Without dedicated SEO services, we have no control over if or when the search engines will visit or where you will be ranked.
    c. Site Back-Ups – We always maintain a copy of all site files for websites maintained and updated by Mach4, as part of a dedicated maintenance plan.  For sites updated by the client, Mach4 recommends creating a copy of the site after every change.  If you’d like, we can perform daily or weekly back-ups for a small fee.
    d. Legal Services – We are not lawyers.  No advice, suggestions or ideas we give should be considered legal advice.  We may place a Copyright Notice on a web site or other material, but we don’t actually file work with the US Copyright Office.  We encourage you to talk to your attorney about any of these topics.
    e. Site Maintenance – We’re always here to help, but the project does not include ongoing support time unless specifically stated in the proposal.
    f. ADA, HIPAA or PCI Compliance – while these options are available as add-ons, unless specified, the websites we build are not automatically compliant with those standards.
  9. No Exclusivity: We are both welcome to work with others; you can work with other creative firms and we can work with other companies in your field. We do offer exclusive relationships when a specific exclusive retainer agreement is purchased.
  10. Performance Guarantees: Despite our enthusiasm and best hopes for a project, we cannot guarantee its ultimate success or results beyond providing a working, properly functioning, and beautifully designed website.  If any of benchmarks or goals are discussed during development, they are to be considered for discussion purposes only and in no way constitute a performance guarantee.
  11. Browser and Phone Compatibility: This site will be designed to work best with the current versions of Edge, Safari, Chrome and Firefox. For mobile we work with the most current two versions of each device.  On older browsers/devices such as IE11 or iPhone 5, the site will function, but there will be some differences from the current browsers/devices.  The older the browser/device, the more possible difference.  Plain and simple, we cannot develop a modern website with the features promised, at the price promised and guarantee it will work with outdated browsers or devices.
  12. You’ll Own the Final Site: Once the final payment is made, the live, working website will become your property. Only at that time, will we be able to provide site access to make edits, conduct training, and turn over code, and support files.
  13. No Control Over the Search Engines: We have no control over the policies or ranking methods of search engines or directories with respect to how they will be ranked in the search results now or in the future but the web pages that we develop will be accessible to search engines. For redesigns of existing sites: Keep in mind, any change to a website will have some impact on the way the search engines rank that site.  Because of our coding methods and knowledge of search engine optimization, this change usually is for the better, but cannot be guaranteed unless specifically included as part of the proposal.
  14. Self-Promotion: We retain the right to use our design work for self-promotion, securing additional clients, or for general professional advancement.
  15. No “Borrowed” Content: You promise that you have permission to use any material send us. You also promise to follow any rules (or make us aware of them) set by a third party in the use of their material.  We promise to be professional and fair; all final artwork sent to you will be our own original work, and any third party resources (photos, videos, etc) will be used with full permission/licensing. We promise that, to the best of our knowledge, our work does not violate any copyrights.
  16. Stalled Projects: If at some point during the project, you get completely swamped with other priorities, we completely understand.  If 3 weeks goes by and we’re still ‘on hold’ we’ll pause the project so you don’t incur additional fees.  At the same time, well send an invoice for any remaining balance, less 10% due at that time.  Once you’re ready to start back up and finish the project, we’ll create a new project schedule reflecting the current workload and staff availability.
  17. Site Security: We will use industry standard best practices to help minimize the possibility of a site or data breach.  However, there is no way to 100% guarantee that a breach will never occur.  Due to factors outside of our control, Mach4 will not be held liable for any resulting damage caused by such a breach.
  18. We Are Not Tax Advisors: For all ecommerce enabled websites, elements or other service, Mach4 will solely implement the tax collection parameters as requested by the Client.  Mach4 is not qualified to advise on any matter regarding the collection of taxes.  The Client is solely responsible to ensure appropriate taxes are being collected and paid to the correct government agency. If you have any questions regarding your legal requirements involving tax collection, please speak to a qualified accountant or tax advisor.  “TAXES” means applicable taxes and duties, including, without limitation, VAT, Service Tax, GST, excise taxes, sales and transactions taxes, and gross receipts tax.
  19. LIMITATION OF LIABILITY: IN NO EVENT WILL MACH4 BE LIABLE TO THE CLIENT FOR: (A) ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) DIRECT DAMAGES OF MORE THAN THE AGGREGATE AMOUNTS PAID OR PAYABLE TO CYNERGY BY CLIENT IN THE FISCAL YEAR PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
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