TERMS OF SERVICE
Design Contract Terms of Service:
You want a website and We can’t wait to build it for You. We will provide You with the following services (“Services”) in a timely and professional manner.
If You decide the Services aren’t exactly what You are looking for, don’t worry because We can change the scope of the Services for You at any time. To update the scope of the Services, all You have to do is let Us know what You would like to change by filling out a simple form called a “Change Order”. The Change Order will explain what You want Us to do differently. If the new Services are going to require a bit more work for Us, then both Parties will have to agree in writing to an updated cost for the Services. Speaking of costs…
We know You are excited to receive your final product, and We don’t want to leave You waiting. We will roll up our sleeves and get work on the agreed upon date and continue until the satisfactory completion of the Services. This means that We won’t throw the towel in until the website We develop for You is performing exactly as agreed to.
A Copyright notice that states “Copyright © 2020 All Rights Reserved | Site Designed by BUILD A BETTER WEB SITE” must be displayed on the bottom of each page of your website. Our logo and name linked to our website may also be displayed.
We will request from you a review (Yelp, Google My Business etc…) at the launch of your new web project in an effort to promote our company. We promise to reciprocate by providing your company a review. For projects with a blog, we will include a post promoting our company. We will be creating a post for your web project as a case study with links to your project on our website. This mutual exchange is beneficial to both parties.
You will own the masterpiece, also known as the website, that We design for You and any visuals that We provide with it. We will turn over our work product, including any necessary files, and You will be responsible for their safekeeping. We are not required to keep copies. You guarantee that You have the legal right to all elements of text, photographs, and anything else that You provide to Us and that You will not hold Us responsible for any third-party claims.
We will own any copyrightable work, ideas, inventions, products, or other information that We create in connection with the Services We are providing. We guarantee that We have the legal right to all elements related to the Services We are providing and will not hold You responsible for any third-party claims.
Your secrets are safe with Us. This includes your proprietary information (things like trade secrets, know-how, or any other confidential information that is not publicly available). We promise We won’t sell your proprietary information to a third-party, no matter how much they offer Us.
We will not provide administrator access to clients on our web server. All administrators are for Build A Better Web Site staff only. As a matter of security and prevention of malicious hacking, we will not risk the integrity of our web server. Any administrator accounts being created without notice will be immediately deleted and the passwords for all users on your account will be updated or reset. This protects you as well as all of our clients.
If you feel you absolutely must have an administrator account, you may contact us to request it. We will evaluate and approve only if there is no other solution. If you are granted an Administrator role, you may not under any circumstances create additional administrator users. Doing so will send an alert to our server monitor, the new accounts will be deleted, your account will be reduced in authority, and all passwords will be reset.
The Parties may not assign the responsibilities that they have under this Agreement to anyone else unless both Parties agree to the assignment in writing.
We would really hate to see You go. If You decide We aren’t your cup of coffee (or wine), You can end this Agreement by giving Us a ten (10) day written notice and paying Us for the Services that We have completed. Specifically 80% of the remaining annual contract balance.
Upon successful termination, we will provide a backup of your website created with our chosen backup tool. This backup will contain all content in the most recent version of your website but will not include licenses to premium themes, content or software. We can be hired to migrate your website to your new webhost at our current migration fee of $200.
If either Party fails to follow through with their responsibilities or obligations under this Agreement, the other Party can end this Agreement by giving a ten (10) day written notice.
This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been made.
Limitation of Liability
Your liability to Us is only for the costs payable under this Agreement. You will not be liable to Us, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.
Negotiation: We want to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
Mediation/Arbitration: If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.
Litigation: If litigation is necessary, this Agreement will be interpreted based on the laws of the State of California, regardless of any conflict of law issues that may arises. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the agreed upon State.
Attorney’s Fees: The prevailing party, or “winner” as non-lawyers call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.
This Agreement puts the Parties entire understanding of the Services to be performed and anything else the Parties have agreed to in black and white (literally). This Agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.
All notices under this agreement must be sent by either email with return confirmation of receipt, or certified or registered snail mail with return receipt requested.
How to Pay for our Services
In order to keep our fees low, we use automated billing. Our Quotes have “Check out” buttons making it easy for both of us.
We have this helpful image showing you where to click.
If you would rather pay by check, bank transfer, PayPal, Zelle, there will be an extra $50 charge for bookkeeping.