72 Charms LLC Web Design Terms of Service

 

Responsibilities

72 Charms LLC Web Design agrees to deliver the requested work in a timely manner and shall conform to the standards as agreed in the contract document. 72 Charms LLC Web Design charges for design work based on a flat fee for initial WordPress Theme development and then on time, so any changes to the contract document once work has commenced, may result in changes in the fees already stated. In particular cases, where a job / service requires work beyond our normal business hours and turnaround time, there may be additional fees involved, over and above our standard costs. The client also understands that work, which is halted after a job has begun, will be billed on the basis of what has been completed to that time. Where work is performed by other parties as designated by the client, 72 Charms LLC Web Design cannot be held liable for their performance, although 72 Charms LLC Web Design shall make its best effort to work with these other parties.

Ownership

The client understands that all files, web pages, graphics and programming work, except those provided by themselves, are the property of 72 Charms LLC Web Design until any and all fees are paid in full at which time the client retains ownership. In the case of any programming (scripting) work, which includes shopping carts, banner rotation programs, database programs and the like, the client understands that they do not have any rights to duplicate, resell or give away any programs created by 72 Charms LLC Web Design. Programs created by 72 Charms LLC Web Design may not be used on other websites unless purchased by the client outright.

Copyright

All work performed by 72 Charms LLC Web Design is copyrighted by 72 Charms LLC Web Design. The client understands that they have rights only to web publication. Any other reproduction by means of printing and/or transferring to other media may be considered copyright infringement. Copyrights may be purchased outright by the client or subject to limited use. The client also understands that all works, expressly marked or not, are protected by copyright laws. 72 Charms LLC Web Design will take no responsibility for ensuring material supplied by the client has been authorized for reproduction. The client further warrants that they either own or have properly licensed/obtained copyright(s) or copyright permission to any work which they have supplied for use/reproduction, and the client agrees to assume full legal and financial responsibility for any copyright suit or action which may take place regarding materials they have supplied.

WordPress Themes and Clip/Stock Art Work

The client understands that WordPress Themes are copyrighted files.   Themes are typically licensed and a fee is paid by 72 Charms LLC in the construction of your website. Art work may also be licensed and a fee is paid by 72 Charms LLC in the construction of your website. Theses are hard costs incurred by 72 Charms LLC and can not be refunded for any reason, including, but not limited to client refusing to finish supplying content, client stopping the work, client changing their mind and wanting a different look, etc.

Proofreading

72 Charms LLC Web Design’s responsibility for typographical, pricing, or other errors shall be strictly limited to correcting such errors if they are pointed out to us during timely proofreading and site testing. It is the client’s responsibility to proofread all work and to ensure that it is (a) satisfactory, (b) correct as to size, content etc, (c) suitable for intended use, and (d) within proper copyright and other restrictions before the website is opened to the public.

Content

72 Charms LLC builds WordPress themes and websites, however, we do content. All content must be supplied by the client. We are not experts in your trade or profession and we are not content authors. We do not correct your spelling and grammar. Content must be provided or “place holders” will be inserted with “dummy content” waiting for your information.

Offensive/ Libellous Material

The client will not use the website, nor any other service provided by 72 Charms LLC Web Design  to publish any material that may be construed as Defamatory, Offensive or Libelous to any other third party. 72 Charms LLC Web Design shall not be held liable for any material published through its services. 72 Charms LLC Web Design maintains full indemnity from any claims arising from any defamatory, obscene material, or any other breach of rights on the clients sites. The client is fully responsible the content of their Website, and any other data transmitted through 72 Charms LLC Web Design’s Services, and 72 Charms LLC Web Design will not undertake to monitor or control client data in respect to any content therein. Furthermore, the client agrees to indemnify 72 Charms LLC Web Design in respect of any claims brought against 72 Charms LLC Web Design arising from the content of their website or use of any other services, whether it be for defamatory comments, infringements of rights, or any other offence.

Loss of Earnings

72 Charms LLC Web Design will not be held liable for any loss of business incurred due to the failure of any of its services. This includes, but is not restricted to, loss of turnover, sales, revenue, profits or indirect consequential or special loss. 72 Charms LLC Web Design offers a service level agreement that will reimburse the client any monies paid to 72 Charms LLC Web Design for any failed services, strictly on a pro-rata basis. No other claims will be entertained. 72 Charms LLC Web Design will not be held responsible for the fraudulent use, or any other misuse, of any material held on our computers, in particular any Credit Card information held thereon.

Portfolio

To maintain our portfolio credentials, and the integrity of any applicable copyrights, 72 Charms LLC Web Design maintains the right to place a small logo on the client’s website which will link back to 72 Charms LLC Web Design’s website. 72 Charms LLC Web Design also maintains the right to reproduce the client’s website in our portfolio and in any marketing materials.

Hosting Contracts

72 Charms LLC does not provide web hosting at this time. Any hosting and service issues must be addressed with your provider

Payment

72 Charms LLC Web Design reserves the right to request an advance deposit of up to 50% of the estimated design / development fees before proceeding with any work. Once the client makes the final payment, their website will be made available on the internet. 72 Charms LLC Web Design’s terms of engagement are strictly payable upon receipt of invoice.  72 Charms LLC Web Design reserves the right to remove any website content or hosting accounts without notice if payment is unfulfilled.

Process of Development, Approvals and Timing

72 Charms LLC has a standard process for building your web design.

  1. Quote for work, payment in full or 50% deposit
  2. For existing websites, access to the site, including FTP, WP-ADMIN, and C-PANEL. Name of hosting company and phone number and permission to work with them to install required software to make your site function, namely, latest version of WordPress.   You agree to modify your hosting contract in order to accommodate our technical requirements or transfer the domain to another hosting company that we can work with. For new websites, you agree to allow us to work with you to select a suitable hosting company and suitable hosting package, including the latest version of WordPress.
  3. Client will have a phone session (in person under certain circumstances), lasting 30-60 minutes to discuss the vision and nature of the site. Client will provide content, i.e. photos and text for the site.
  4. Site will be built and then we will have another phone session, lasting 30-60 minutes to discuss where we are in the project.
  5. If client is happy with the progress, one final revision will be done, fixing titles, navigation, content missing, etc.
  6. If client is not happy with the progress
  7. Option 1) Complete redesign, in which additional fees for labor and licensing will be agreed upon and work will commence again
  8. Option 2) We will discuss the option of discontinuing the project and a pro-rated amount incurred by client. Labor will be factored at $150 and hour times time worked on and licensing fees consumed. Not to exceed initial quote.

Additional Work

Additional work may be purchased at our published rate or billed at a rate of $150 a hour.

Email Disclaimer

All 72 Charms LLC Web Design’s emails contain proprietary information, some or all of which may be legally privileged. They are for the intended recipient only. If an addressing or transmission error has misdirected these emails, the sender should be notified immediately. If you are not the intended recipient you must not use, disclose, distribute, copy, print or rely on this email.  The views expressed in any 72 Charms LLC Web Design email are those of the author and do not necessarily reflect the views of 72 Charms LLC Web Design.