Website Creation Terms and Conditions
The purpose of this agreement is to define the expectations, goals and workflow for the development and management of your company website, as well as disclaim the limited liabilities and legal information involved with creating a website.
Wonderful World of Websites specialises in custom websites for businesses. Each project includes research, design, development, maintenance and technical support. Websites should be considered an on-going investment in the “online presence” of your company.
1. Wonderful World of Websites will create a modern, easy-to-navigate, mobile-friendly website, effectively presenting the products and/or services offered by your business.
2. Your site will be built on a WordPress platform, facilitating content updates and future maintenance. Fresh content plays a part in search engine placement, and gives visitors an incentive to return to your site, with the intention of converting them into contacts/customers by way of “Call to Action” features.
• Determine optimum hosting requirements; secure domain and set up hosting, which is included for one year, then will need to renewed at the standard rate.
• Install WordPress, initial theme, various plugins, and e-commerce frameworks
• Design site concept and content layout (limited to 1-2 concepts with max 4 rounds of revisions)
• Install and format client-provided content to build non-shop pages
• Basic WordPress plugins
• Set up of mail integration and opt in forms
• Set up of Woocommerce – E-commerce platform including shipping, payment options and up to 5 products (if included in package)
• Set up of membership and directory capabilities (if included in package)
• Launch of your site to your hosted domain
Estimated turnaround*: 2 months, dependent on all content and images being received
* Please note that prompt feedback from the Client is critical to avoid project delays.
Additional Options: Monthly Site Maintenance – Content Updates and Security
Wonderful World of Websites strongly encourages a monthly maintenance plan for your site. This allows you to maintain your website on an ongoing basis. Additionally, backups, software and databases updates and security upgrades need to be done regularly, to protect your site to protect from hackers, malware and server issues. Most clients understand the value and importance of a monthly maintenance plan.
Maintenance plan: The monthly management plan is optional and there is no long term contract. Billing is month-to-month, and can be discontinued by either party at any time. Plan includes:
- Update and monitor security software to protect site from malware and hackers.
- Updates done regularly through the month
- Monthly backups
- Keyword ranking monitoring (keywords to be supplied by client)
- Google Analytics Monitoring
- Security Monitoring
- Performance Monitoring
- Monthly reports sent to you in regards of all the above so that you can see how your site is performing over time.
- Also peace of mind that if your site does go down due to an update or technical error it will also be rectified at no extra cost (terms will apply).
1. Research Phase
Wonderful World of Websites will gather a variety of information from the Client via a combination of phone meetings, Client-completed questionnaires, and discussions. Information may include Client’s current identity/branding, products and services, analysis of competitors, and review of current marketing materials. This stage is critical in determining the Client’s specific goals for the project, and discussing any existing style guides that must be followed, or Client’s preferences for new creative direction.
2. Design Phase
Once the research phase has been completed, Wonderful World of Websites will develop a design concept mockup that outlines the look and feel of the project. Concept mockup will be presented to the Client for review, and Client will approve the concept or provide a list of comments and changes. Client will then proof additional revisions up to max noted in his Package. Once approved, this design will be used as the main layout for all pages of the project. Any changes to the design after this phase will incur additional design charges.
**Please note that prompt feedback from the Client is critical to avoid project delays.**
3. Development Phase
Once the Client has approved design concept, the work necessary to complete the project will begin. The development portion of the project will involve installing the content (text and images) for the website as outlined in the research and design phases. Development will take place on a testing area of a separate development server that matches the Client’s web hosting environment.
4. Testing and Launch Phase
Upon completion of development, project will be available for testing. Wonderful World of Websites will test the website in specified browsers and operating systems, and the Client will be responsible for thoroughly reviewing website for accuracy and to ensure all features are working as requested. Client will submit list of corrections, if necessary, and Wonderful World of Websites will implement corrections, and submit for final review.
During this phase, Wonderful World of Websites will test the site’s functions and appearance on a variety of web browsers and devices, phones and tablets.
Upon completion, website will be launched for public view on Client’s domain.
THE FINE PRINT
Acceptance and Support
Client shall have a period of 14 business days following the date of delivery of the website (as notified via email), during which Client shall review and test. Client shall notify the Design Firm no later than the 15th business day following such delivery of any items contained in the website that, in Client’s reasonable view, do not conform to expectations. In the event that the Client does not so notify the Design Firm within such 15 day period, Client shall be deemed to have accepted the website in all respects.
All text will be supplied by the Client unless the proposal includes the services of a copywriter. Please send us your final text as soon as possible. Time required to make substantive changes to Client-submitted text after the webpages have been constructed will be additional, billed at Wonderful World of Websites’s current hourly rate.
All content text shall be provided by the Client in Microsoft Word.doc. Submission can be made via: an email attachment or uploaded to a designated Google Drive or DropBox folder. For web design text, 500 words per page approximate a standard web page. Web pages of more than 1,000 words of text and more than 3 graphical images may be subject to additional fees for increased formatting time.
Graphic Elements / Identity Materials
It is expected that Wonderful World of Websites will receive from the Client all the graphic elements necessary to complete the Client’s project. This includes the company logo, existing colour scheme or style guide requirements, ancillary images, animated graphics and banner advertisements, if necessary. Unless included in the proposal, this agreement does not include the creation of a corporate logo/identity, or photography/images.
At the conclusion of the project, the Design Firm will install the final project files on your hosted server – it is the Client’s responsibility to retain the original files in case of future updates, unless a maintenance plan is arranged in advance with the Design Firm.
Client agrees to reimburse the Design Firm for any critical Client requested expenses necessary for the completion of the project. Examples would be:
– Purchase of specific fonts at the Client’s request,
– Purchase of specific photography at the Client’s request,
– Purchase of specific software/plugins at the Client’s request, or as needed to complete the project as scoped.
Copyrights and Trademarks
The Client represents to the Design Firm and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Wonderful World of Websites for inclusion in the Client’s project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Wonderful World of Websites and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Ownership of Design and Graphics
Copyright to the finished assembled work produced by Wonderful World of Websites and graphics shall be vested with the Client upon final payment for the project. This ownership is to include: design, photos, graphics, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project. It does not include Designer’s custom source-code, which may be reused by Wonderful World of Websites for future projects. All materials developed under this agreement remain the property of Wonderful World of Websites until such time as final payment for the work described herein has been received from Client. At this time, all materials become the property of Client and may be used by them, as desired.
Client agrees that Wonderful World of Websites may put a byline on the bottom of their web page establishing design and development credit, unless otherwise stated. Client also agrees that any projects created for the Client may be included in Wonderful World of Websites’s portfolio.
Confidentiality (NDA – Non Disclosure Agreement)
The Parties hereby agree as follows:
1. For purposes of this Agreement, “Confidential Information” shall mean any and all non-public information, including, without limitation, technical, developmental, marketing, sales, operating, performance, cost, know-how, business plans, business methods, and process information, disclosed to the Recipient. For convenience, the Disclosing Party may, but is not required to, mark written Confidential Information with the legend “Confidential” or an equivalent designation.
2. All Confidential Information disclosed to the Recipient will be used solely for the Business Purpose and for no other purpose whatsoever. The Recipient agrees to keep the Disclosing Party’s Confidential Information confidential and to protect the confidentiality of such Confidential Information with the same degree of care with which it protects the confidentiality of its own confidential information, but in no event with less than a reasonable degree of care. Recipient may disclose Confidential Information only to its employees, agents, consultants and contractors on a need-to-know basis, and only if such employees, agents, consultants and contractors have executed appropriate written agreements with Recipient sufficient to enable Recipient to enforce all the provisions of this Agreement. Recipient shall not make any copies of Disclosing Party’s Confidential Information except as needed for the Business Purpose. At the request of Disclosing Party, Recipient shall return to Disclosing Party all Confidential Information of Disclosing Party (including any copies thereof) or certify the destruction thereof.
3. All right title and interest in and to the Confidential Information shall remain with Disclosing Party or its licensors. Nothing in this Agreement is intended to grant any rights to Recipient under any patents, copyrights, trademarks, or trade secrets of Disclosing Party. ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS”. THE DISCLOSING PARTY MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ITS ACCURACY, COMPLETENESS OR PERFORMANCE.
4. The obligations and limitations set forth herein regarding Confidential Information shall not apply to information which is: (a) at any time in the public domain, other than by a breach on the part of the Recipient; or (b) at any time rightfully received from a third party which had the right to and transmits it to the Recipient without any obligation of confidentiality.
5. In the event that the Recipient shall breach this Agreement, or in the event that a breach appears to be imminent, the Disclosing Party shall be entitled to all legal and equitable remedies afforded it by law, and in addition may recover all reasonable costs and attorneys’ fees incurred in seeking such remedies. If the Confidential Information is sought by any third party, including by way of subpoena or other court process, the Recipient shall inform the Disclosing Party of the request in sufficient time to permit the Disclosing Party to object to and, if necessary, seek court intervention to prevent the disclosure.
WEB DESIGN-SPECIFIC TERMS & CONDITIONS:
Client agrees to provide Wonderful World of Websites with all photos necessary to complete project. Should additional photos be needed, Client may ask Wonderful World of Websites to acquire stock photography or the services of a professional photographer on Client’s behalf, for an additional fee.
If not provided by Wonderful World of Websites the Client will establish a separate arrangement with an Internet Service Provider (ISP) for hosting. The Client hereby authorises Wonderful World of Websites to access this account, and authorises the Host Provider to provide the Design Firm with “write permission” for the Client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project.
The Client will secure a domain name ( eg. www.yourname.com) for loading of the finished site. If the Client already has a domain name, Wonderful World of Websites will coordinate redirecting the address to the new host, if necessary.
This agreement contemplates the creation of a website viewable by Firefox, Chrome, and Safari for Mac & PC. Client understands that not all browsers, computers, or monitors display websites in the same fashion, and that any cosmetic differences in the finished website are not to be considered defects. Client is aware that some advanced techniques on the Internet may require a more recent browser version and brand or plug-in. Client is also aware that as new browser versions are released, or new Internet-capable products are developed, the new versions and/ or products may not be backward compatible. Time spent to redesign a site for compatibility due to the introduction of a new browser version or product will be separately negotiated and in addition to the base price of this agreement. If additional pages are necessary to accommodate specific browsers, plug-in technology, screen resolutions, or platforms, additional charges will apply.
Custom Programming & Scripts
Websites are developed under LAMP (Linux – Apache – MySQL – PHP). If a specific plug-in or script is requested by the Client and it must be purchased by Wonderful World of Websites on behalf of the Client, the charge for the script/plug-in, if any, will be billed back to the Client or included in the agreement.
Secure Certificate (SSL)
If the hosting is not provided by Wonderful World of Websites then the Client is encouraged to obtain a secure certificate to encrypt online transactions. The Client understands that if they do not obtain their own secure certificate, security may be affected. Wonderful World of Websites will walk Client through the process of obtaining the SSL Certificate and perform the installation if site hosting is set up by Wonderful World of Websites. Client agrees not to hold Wonderful World of Websites liable for any damages that may result from such transactions or because the website is not SSL-secure.
Merchant Account / Payment Gateway
If the Client’s website requires the ability to accept credit cards or electronic checks, the Client will need a Merchant Account and/or Payment Gateway. The Client understands that any charges necessary to secure the Merchant Account and Payment Gateway are not covered by this agreement. The client also understands that the Design firm is not liable for the processing of payment transactions.
If a website script requiring a database is purchased, MySQL and PHP will be the system used. Client is responsible for ensuring that website is hosted on a server featuring compatible technology.
Wonderful World of Websites will provide e-mail and telephone assistance to the Client regarding administration of the Client’s website for two weeks after completion. An hours Zoom call will also be provided on completion of the website to go over future use of the website by the client.
Maintenance Plans are negotiated on a Client by Client basis as each Client will have differing needs. If you have chosen the Maintenance Plan, the terms of such will be listed in the “Maintenance Agreement”. Wonderful World of Websites’s maintenance agreement allows the Client to pay a discounted, fixed monthly rate for website updates, based on the average estimated monthly hours required to perform maintenance tasks. A baseline amount is noted on the Proposal, but may be adjusted, based on requirements.
Third Party or Client Page Modification
Some Clients will desire to independently edit or update their web pages after completion of the site as a way to control costs and avoid the expense of a Maintenance Agreement. This is always an option for Clients of Wonderful World of Websites and for websites that need on-going updates. Be aware, however, that if the Client or an agent of the Client other than Wonderful World of Websites attempts to update the website and damages the design or impairs the ability for the web pages to display or function properly, and you wish for the Design Firm to repair the web site or pages, work will be assessed at Wonderful World of Websites’ current hourly rate. In this regard, Clients are encouraged to utilise Wonderful World of Websites’ Maintenance agreement for future updates.
Search Engine Optimisation
The Client’s website is created with appropriate titles, keywords, and descriptions in respect to SEO at an extra cost, to be determined between Wonderful World of Websites and the client. However, Wonderful World of Websites does not guarantee, in any way, any specific placement in search engine results. Wonderful World of Websites recommends using a third-party SEO service to promote their site. If advanced search engine optimisation and site promotion services are desired, they must be purchased separately from a separate vendor.
Website Security & Stability
Wonderful World of Websites will take all reasonable measures to ensure website is designed as secure as possible. However, Client concedes that it is impossible for Wonderful World of Websites to guarantee protection against hackers or unauthorised parties. In the event that website security is compromised, Client agrees not to hold Wonderful World of Websites liable for any damages. This includes, but is not limited to: file corruption or deletion, modification of website, or access to sensitive data by unauthorised party. Services pertaining to security and stability are offered separately as a “Maintenance Agreement” option. We recommend the Maintenance plan for ongoing support or maintenance. This is recommended to keep it secure.
Payment can be made upfront and in full or half at the start of the project and half one month later, unless additional payment terms are agreed.
Limited Liability & Indemnification
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or Wonderful World of Websites. Abusive and unethical materials and uses include, but are not limited to, obscenity, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to defend, indemnify and hold harmless the Design Firm from any claim resulting from the Client’s publication of material or use of those materials. Wonderful World of Websites reserves the right to refuse to design and/or publish any material that would violate this clause.
Client agrees that it shall defend, indemnify, save and hold Wonderful World of Websites harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Wonderful World of Websites’ development of the Client’s project. This includes Liabilities asserted against Wonderful World of Websites, its subcontractors, its agents, its Clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.
Client also agrees to defend, indemnify and hold harmless Wonderful World of Websites against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed through the Client’s marketing materials and/or over the Client’s website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organisation, or business.
Laws Affecting Electronic Commerce
The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend Wonderful World of Websites and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s use of Internet electronic commerce. Client also understands that Wonderful World of Websites cannot provide legal advice.
Wonderful World of Websites, and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any confidential Information regarding the Client or the Client’s products and/or services, except that: a. which Wonderful World of Websites can demonstrate by was previously known; b. which are now, or become in the future, public knowledge other than through acts or omissions of Wonderful World of Websites. Likewise, the Client agrees that it will not convey any confidential information obtained about Wonderful World of Websites to another party.
If the Client does not supply Wonderful World of Websites with complete text, graphics, or other materials necessary for Wonderful World of Websites to complete project within six weeks of the date this agreement was signed, the project will automatically be cancelled. The Client may also voluntarily cancel or postpone this project at any stage, with written notice.
In the event that work is postponed or canceled at the request of the Client, Wonderful World of Websites shall have the right to retain the original deposit, or refund a pro-rated amount, commensurate with time spent on project. In the event this amount is not sufficient to cover Wonderful World of Websites for time and expense already invested in the project additional payment will be due. If additional payment is due, this will be billed to the Client and must be received within 7 days of invoice.
Wonderful World of Websites reserves the right to cancel the project at any stage for any reason, if necessary, and will issue Client a full refund for all money received, as well as return all materials furnished by Client. If the project is partially completed, Client may opt to pay for services already rendered, in exchange for release of all files that Client may then take to another Design Firm for completion of project.
This agreement and the appendices attached thereto constitute the sole agreement between Wonderful World of Websites and the Client regarding this project. It becomes effective as soon as payment has been mades. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and Wonderful World of Websites. Both parties warrant that they have read and understand the terms set forth in this agreement.