Applications Development Terms of Service
Initial Setup, Design & Development: Billed at Quoted Price
-Editing & updating of web pages
-Image retouching (if possible) and optimization
-Broken Link checking
-File structure organization
-Site navigation optimization
-Implementation of recommended & approved changes
-Managed IT Services
Pay As You Go Website Maintenance: $65/hr.
Silver Website Maintenance (2 hours of website support each month): $110/mo.
Gold Website Maintenance (5 hours of website support each month): $250/mo.
Platinum Website Maintenance (10 hours of website support each month): $500/mo.
Website Hosting: From $20/mo.
Website Design Variations (Changes in agreed Specification): $100/hr.
IT Support Services (Labor only, Parts not included): From $100/hr.
Search Engine Optimization (SEO) fees per month: Bronze – $100; Silver – $200; Gold – $300; Platinum – $500
Google Pay Per Click (Adwords) setup, monitoring, and maintenance: 30% of PPC campaign budget
TERMS OF CONTRACT
This AGREEMENT is in effect upon receipt of first payment between the Client who makes payment (hereafter referred to as “Client”), and Plaza Dynamics, LLC hereafter referred to as “Consultant”. This agreement is with respect to the design/re-design/updates of Client’s website, hereinafter referred to as the “Work”. Whereas, Consultant is a professional Web Developer of good standing; Whereas, Client wishes Consultant to create certain Work described more fully herein; and Whereas, Consultant wishes to create such Work; Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
1. is already known to the party to which it is disclosed;
2. is or becomes part of the public domain without breach of this Agreement;
3. is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.
DESCRIPTION OF WORK:
The attached Proposal sent to Client will describe the Work that is required of Consultant for the Client.
The full length of this contract is as follows:
Starting date shall be upon receipt of first payment and estimated completion* date shall be within 7-days for the total amount due subject to the payment plan chosen below:
FOR PROJECTS $1000 & ABOVE
-ADVANCE PAYMENT (10% Discount Applied)
-STANDARD PAYMENT: 70% Deposit + 30% within 7 days of completion
Client shall pay Consultant a minimum of 70% of total cost, as a deposit for project commencement.
FOR PROJECTS BELOW $1000, FULL PAYMENT IS REQUIRED FOR PROJECT TO COMMENCE.
*Consultant agrees to deliver samples of design on dates as agreed upon in the Proposal. Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.
PAYMENT OF INVOICES:
Consultant will be entitled to invoice the Customer on an interim basis at least monthly for progress payments for any Services performed or Products supplied during the previous month (or during any earlier period which has not previously been invoiced).
All invoices rendered by Consultant are payable within seven (7) days from the date of invoice. The Client agrees to pay Consultant in full within this time period.
If the Client fails to pay any invoice by the due date for payment, then without prejudice to Consultant’s rights under this Agreement, the Client shall also pay Consultant a late fee of 5% of total amount due for every 30 days the payment is late.
FEES & ADDITIONAL SERVICES:
Changes in client input or direction or excessive changes will be charged at the hourly rate specified in the fee schedule above. Any work the Client wishes Consultant to create, which is not specified in the DESCRIPTION section of this agreement, or in the attached Proposal will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.
ASSIGNMENT OF WORK:
Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.
SUPPLY OF MATERIALS:
Client must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, clear web-enabled images, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $100.00 per hour.
PROJECT DELAYS AND CLIENT LIABILITY:
Any time frames or estimates that we give are contingent upon the clients full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from the client’s side and be made available on a daily basis in order to expedite the feedback process.
APPROVAL OF WORK:
On completion of the work the client will be notified and have the opportunity to review it. Cleint must notify Consultant in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to Consultant as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and any balances, if applicable will become due.
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING:
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
Consultant shall not be liable for any loss or damage which the Client may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
RESERVATION OF RIGHTS:
All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.
PERMISSIONS AND RELEASES:
The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant. The Consultant will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.
Copyright is in Consultant’s name. Upon completion of Work, the copyright will only be released to the Client upon the Consultant’s signing of the Release of Copyright.
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within seven days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Plaza Dynamics, LLC under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the State of Georgia. Client and Consultant submit to the non-exclusive jurisdiction of the courts in and of the State of Georgia in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.