Authorization: The Client is engaging the Service Provider as an independent contractor to design and set up new accounts for the purchased Services. If need be, the Client authorizes the Service Provider to access their pre-existing accounts allowing “write permission” and confirming the Agent, Company, Associates, and the Account Provider to provide the Service Provider with permission for the Client’s accounts. Any other login, access information, or programs must be accessed. The Client also authorizes the Service Provider to use the login information to access any third-party accounts associated with the purchased Services or site from where the Client would like the Service Provider to access licensed images, copyrighted text, and other technical information, configurations, audio, video, media, and content help design and develop the purchased Services.

Links: This agreement contemplates that all Client-provided links have been verified and approved for use on the Client’s Services. The Service Provider takes NO RESPONSIBILITY in ANY suit(s) that are directed to the Client from links that have not been approved for use on the Client’s account and Services. Graphics & audio,

Video Media: It is anticipated that the Service Provider will create, capture or receive from the Client all graphics, audio, and video media elements necessary to complete the Client’s Services. This includes audio, video, images, photography, scanning services, video, and photo shooting, editing, animation, and 3rd party stock photography, audio, video, and any media element as listed below:

3.1. Photography, Audio, Photography / Photo, and Video Shooting: For Clients residing in the US and Canada, at the request of the Client, the Service Provider will visit the Client’s place of business and capture images, video and audio in digital format for inclusion in the Client’s Services. The Service Provider will also be able to scan pictures, send and receive digital media formats for audio and video, and shoot videos at the Client’s request. Due to the differing needs of Clients, the quantity of digital photography, video production, footage, shooting locations and scans, and costs incurred will be negotiated. The Client agrees to pay for all additional travel, food, and stay expenses for our team involved in this process.

3.2. 3rd Party Stock Photography, Audio, and Video: The Client must pay any costs incurred in purchasing 3rd party stock photography. The Client takes full responsibility for any 3rd Party Stock Photography, Audio, and Video that he provides to the Service Provider by any medium and will hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or lawsuit arising from using such elements furnished by the Client. Text & Files: Text and any other file supplied by the Client shall be provided in popular, readable electronic format (i.e., Microsoft Word / .jpg / .gif / .png / .pdf / .ai / .psd). Submission can be made as an email attachment, a CD, a DVD, Downloadable Link, or an external USB drive. If the Service Provider is requested to obtain files by other means, appropriate charges will incur. ( What does the standard of the last sentence )

Additional Requests: If the Client wants the Service Provider to develop or design any other material for web or print purposes, the standard rate of $100/hr will be applicable. The price can be negotiated based on the work required. 

Payment Terms / Workflow: Unless stated in our quotation or invoice, the Client agrees to pay the Service Provider total cost upfront for all / any Services. Our designing and development process will commence after receiving the full payment and ensuring that the Service Provider has complete access and content from the Client. When buying our Services online, the Client is required to pay the total amount upfront through our secure PayPal gateway. We accept email transfers if the Client is uncomfortable buying through Paypal Online Credit Card. Only if the total amount for the development exceeds $15,000 a minimum deposit of 50% of the total quoted amount is required to commence the action. Other means of commencement may be negotiated. The remainder (final payment) of payment is due upon or before the completion of development. The payment can be made through online Credit Card Payments, Bank drafts, Money orders, Checks, Bank transfers, and email transfers. The Service Provider reserves the right to remove all web content, designs, and development from the Internet if payment is not made within thirty (30) days after delivery of our completion notification. If a payment delay is anticipated, please contact the Service Provider to discuss potential problems in advance. If problems are anticipated, we may be able to accommodate an alternate arrangement. Suppose the Client is delinquent in their payment. In that case, proper actions may be taken by the Service Provider, and the account may be handed over to a 3rd party Collections Agency for appropriate handling and recovery.

Monthly Subscription Service Payment: The Client agrees to pay the monthly fees in advance for each month. The monthly Service Provider reserves the right to hold the monthly services if payment is not made within five (5) days after the due date. If a payment delay is anticipated, please contact the Monthly Service Provider to discuss potential problems in advance. If problems are anticipated, we may be able to accommodate an alternate arrangement. If Suppose the client is delinquent in their payment. In that case, the Monthly Service Provider may take the proper actions, and the account may be handed over to a 3rd party Collections Agency for appropriate handling and recovery.

Client Amends for Services: The Service Provider prides itself on providing excellent customer service. That is the spirit of our agreement and the nature of the Service Provider’s business. To that end, we encourage input from the Client during the design process. The Service Provider understands, however, that the Client may request significant changes to Services that have already been rendered to the Client’s specification. Our agreement does not include a considerable design, development, or production provision above our understanding.

Some examples of substantial Service modification at the request of the Client include:

8a. Designing, producing, and shooting a completely new video, audio, photography, graphic design, ad, website layout or strategy, or vision change to accommodate a substantial modification at the Client’s request.

8b. Recreating or significantly modifying the company logo and graphics, resetting new accounts for Google tools such as Google Analytics, AdWords, Google Console, Google Maps, and Google Places at the Client’s request.

8c. you are Replacing more than 50% of the text and image content to any page and graphics at the Client’s request.

8d. Creating a new navigational structure or changing the design or links in pictures at the Client’s request.

8e. Significantly reconfiguring the Client’s PPC AD account, Campaigns, advertisements, Graphic Designs, or Web Links.

8f. For Monthly Technical Maintenance: Any content upload or updates such as uploading and replacing text or images to any given page at the Client’s request or significantly reconfiguring the Client’s shopping cart with new product upload, shipping, or discount calculations if the Client has selected an e-commerce enabled site.

8g. Is there any additional content update on the website besides the one already included in our Virtual Assistance Plan? Clients who anticipate frequently changing the look of their site during the design process and Want to be an intricately detailed design of each page, graphics, or PPC campaign are encouraged to negotiate an agreement before purchasing our Services. If significant development is requested by the Client more than our agreement, charge(s) will be invoiced accordingly.

9. Copyrights and Trademarks: The Client represents the Service Provider and unconditionally guarantees that any elements of text, graphics, photos, designs, audio, videos, trademarks, or other artwork furnished to the Service Provider via Email, Phone, Internet, On-Paper, in-meeting, and otherwise, for inclusion in the Client’s website 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 the Service Provider and its subcontractors from any claim or suit arising from the use of such details furnished by the Client. The client agrees that the client owns any content used while developing the website, and Under no circumstances will the Service Provider be liable for the Client’s Content or the content of any third party, including, but not limited to, for any errors or omissions in the Client’s Content or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise. The Service Provider will not be liable for any Copyright Infringements.

Third-Party Modifications: Some Clients may desire to independently edit or update their Services after the design/development completion to control costs and avoid further expenses. The Client agrees that once we complete the development of Client’s Services and the Client or an agent of the Client other than the Service Provider attempts to update Services that were previously rendered by the Service Provider and damages the design or impairs the ability for the Services to display or function properly, then time to repair the will be assessed at the hourly rate of $120. Please note that the aforementioned is applicable for Monthly Maintenance as well.

Assignment of Development: The Service Provider reserves the right to assign certain subcontractors to this development to ensure the right fit for the job and on-time completion. The Service Provider warrants all work completed by subcontractors for this development.

Additional Expenses: The client agrees to reimburse the Service Provider for any critical Client requested expenses necessary to complete the development. Examples would be the purchase of specific fonts, photography, audio, and video; forms; the purchase of specific software; using any third-party plugins; third-party online portals; submittal to particular search engines at the Client’s request.

Abuse: The client agrees to work together, deal and professionally behave with the Service Provider. Any repeated pattern of inappropriate, false accusations, harassment, derogatory or threatening speech directed towards the Service Provider, its officers, staff, and contractors will not be tolerated. The Service Provider has the right to take strict action and legal steps, abiding by the law, and resume the development process and any related Services right away, offering no refund or guarantees to the Client. The Service Provider has zero tolerance for Clients abusing our Services.

Limited Liability: The Client agrees that any material submitted for publication will not contain anything leading to abusive or unethical use of the Service Provider. Abusive and corrupt materials and benefits include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of unlawful activity, and any infringement of privacy. The Client, at this moment, agrees to indemnify and hold harmless the Service Provider from any claim resulting from the Client’s publication of material or use of those materials. It is also understood that the Service Provider will not publish information over the Internet that another party may use to harm another. The Service Provider will also not develop pornographic or illegal software for the Client. The Service Provider reserves the right to determine what is and is not suitable.

Indemnification: The Client agrees that it shall defend, indemnify, save and hold the Service Provider harmless from all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees associated with the Service Provider’s development of the Client’s Services. This includes Liabilities asserted against the Service Provider, 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. The Client also agrees to defend, indemnify and hold harmless the Service Provider against Liabilities arising out of any injury to a person or property caused by products or services sold or otherwise distributed 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 that is detrimental to another person, organization, or business. Under no circumstances, including negligence, shall the Service Provider, its officers, agents, or anyone else involved in creating, producing, or distributing the service be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance, whether or not limited to acts of God, communication loss, theft, destruction, or unauthorized access to the Service Provider records, programs, or services. Notwithstanding the above, Client’s exclusive remedies for all damages, losses, and causes of actions, whether in contract, tort including negligence, or otherwise, shall not exceed the aggregate amount Client paid during the term of this contract and any reasonable legal fees and court costs.

Ownership: Copyright to the finished assembled work of Services produced by the Service Provider and graphics shall be vested with the Client upon final payment for the development. This ownership includes design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client to complete this development. All materials intended for publication on the web remain the property of the Service Provider until final payment for the action has been tendered by the Client. At this time, all materials become the Client’s property and may be used by them as desired. Should materials described in this agreement be used on the web by the Client before the tender of final payment, then this agreement is breached, and appropriate penalties will apply.

Design Credit & Reviews: The client agrees that the Service Provider may put a byline on the bottom of their website, establishing design and development credit. The client also agrees that the website, graphics, video, audio, and any development created for the Client will be included in the Service Provider’s portfolio. The Client will provide a text review, audio, or video testimonial when requested by the Service Provider. If any or none of these are acceptable, please inform the Service Provider beforehand via email or in writing via registered mail.

Nondisclosure: The Service Provider, its employees, 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 to any person whatsoever. Likewise, the Client agrees that it will not convey confidential information obtained about the Service Provider, including strategies, vision, information mind maps, and training to another party.

Completion Date & Cancellation: The Service Provider and the Client must work together to complete the development on time for both parties to remain profitable. Cancellation of the development at the Client’s request must be made within two weeks (14 days) of the purchase. Suppose development is postponed or canceled at the client’s request after 14 days of purchase. In that case, the Service Provider shall have the right to retain 50% of the total amount invoiced for the service as a deposit and development expenses. If this amount is insufficient to cover the service Provider for time and cost already invested in the development, an additional payment may be due. If another payment is due, this will be billed to the Client within ten days of notification to stop growth. The final price will be expected under the same terms as this agreement. The Client agrees that once the Service Provider completes the design and development process, any further work will incur an additional cost estimated and quoted to the Client for further development. Unless the Client is a monthly paid service subscriber with the Service Provider, the Client agrees that the Service Provider has no legal liability to work further on the completed services and any projects.

Entire Understanding: These terms constitute the sole agreement between the Service Provider and the Client regarding any development provided by the Service Provider for the Client. It becomes effective immediately upon engagement of services from the Service Provider or buying any Services from the Service Provider. It is in the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Service Provider. Both parties warrant that they have read and understood the terms outlined in this agreement. This agreement is effective on all the Clients that the Service Providers have rendered Services and where the Client has purchased the Services, and for any Client that has any Services with the design credit or byline in the footer mentioning “powered by” or “website designed by” etc. linked to the Service Provider’s URLs.

REVISIONS TO THESE TERMS OF AGREEMENT The Service Provider reserves the right to revise, amend, or modify the Terms of this Agreement and other Terms Of Use, Privacy Policies, and Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted following our Terms of Agreement.

WEB DESIGN TERMS
Website, Web Design, Web Development / Plans / Packs / Packages – Terms & Conditions: For Client’s purchasing the Website Design Services as contemplated in each of the Web Design Plans mentioned on the respective pages:

23.1 Domain Registration: At the Client’s request, the Service Provider may secure a domain name (www.myname.com | .ca, etc.) on behalf of the Client. All charges incurred will be billed to the Client as an additional fee. These are Internet fees and are not a source of income for the Service Provider. Should the Client desire a specific domain name already owned by another party, then an alternative domain name must be registered. If the Client already has a domain name, the Service Provider may coordinate redirecting the address to the new hosting server.

23.2 Standard Hosting Services: At the Client’s request, the Service Provider may order an account with a Host Provider on behalf of the Client, or the Client may collect the arrangement independently. We offer the Client the ability to call this account alone to help the Client control cost. If the Client chooses to have the Service Provider collect an account with a Host Provider, the Client agrees to pay all necessary hosting fees before ordering. If the Client is not an advanced user of the Internet, the Client is encouraged to use the services of the Service Provider to secure and maintain this account.

23.3. Email Assistance: The Service Provider may offer email assistance to clients with their World Wide Web site residing on the Service Providers server. This includes a provision to assist the Client with email setup using the maximum number of accounts allowed by the Service Provider. Current email clients supported by the Service Provider include all versions of Microsoft Outlook Express and Outlook for all Microsoft Office products. In some cases where the email setup is unsuccessful, the Client may have to contact their Hosting or Email company for further assistance. For Clients whose World Wide Website resides off the Service Providers server, the Client is urged to contact their We are a hosting provider for email assistance.

23.4 Cross-Browser Compatibility: Our agreement contemplates the creation of a website viewable by Microsoft Internet Explorer 10 and Google Chrome. Compatibility is defined herein as all critical elements of each page being viewable in both browsers. The client knows that some advanced Internet techniques may require a more recent browser version and brand or plugin. The client understands that as new browser versions of Internet Explorer and Chrome are developed, the latest browser versions may not be backward compatible. If requested by the Client, time spent redesigning a site for compatibility due to introducing a recent browser version will be separately negotiated.

23.5 Add-Ons: These are additional configurations, features, and programming languages that the Client may wish to use for their World Wide Web site. If a large-scale development using any and or all of these add-ons is necessary, the price can be negotiated for CGI / PHP / Macromedia Flash / DHTML / Real Audio/Video / QuickTime / QuickTime VR / Microsoft Media / Java Applets / JavaScript / MySQL Databases, E-commerce/Merchant Account/Secure Certificate. The Service Provider recommends the use of your bank’s e-commerce services. If information is required, the Service provider will be pleased to offer assistance in obtaining further information. The Client understands and agrees that the Service Provider does not cover any costs and charges directly or indirectly related to the Client’s E-commerce website portal, fees, penalties, or sales. From the day the service provider completes the website, the Service Provider makes absolutely no liability for the Client’s eCommerce customer complaints and any transaction, function, configuration, third-party plugin, open-source CMS, or application failures. The Service Provider is not responsible for maintaining the Client’s website unless the Client is a monthly paid service subscriber for technical monthly maintenance packages.

23.6 Search Engine Registration: Upon final payment of development and at the Client’s request, the Service Provider will optimize the Client’s World Wide Web site with appropriate titles, keywords, descriptions, and text, and after that, submit the Client’s World Wide Web to free search engines and directories.

23.7 Website Design Services: The client agrees that the Service Provider may use open-source platforms such as WordPress CMS and third-party applications to build a website and will not be held liable for any faults, loopholes, hacks, spam, or any other problem arising due to mismatch, upgrading errors with different versions of the CMS & plugins, applications. The Client also agrees and understands that problems arising due to third-party hosting, servers, domain provider, or any technical reason or by the act of God is not the fault of the Service Provider and, therefore, agrees to hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or lawsuits.

23.8. SEO Keywords & Pages: The Service Provider does not provide any Warranty/Guarantee for Search Engine Ranking. Moreover, the Page rank depends on various factors such as your website content relevancy, page popularity, authentic backlinks, domain age, blogging consistency, social media presence, and niche. If the Client is looking for a guarantee over the page rank, the Client should get our Search Engine Optimization services.

MONTHLY WEBSITE MAINTENANCE
Monthly Web Updates / Upgrades / Monthly Technical Maintenance / WordPress, Woocommerce, Website Maintenance: For the Client’s purchasing Monthly Technical Maintenance and Monthly SEO Services – The Client agrees to let the Service Provider update and maintain their website monthly. The Client understands, consents, and authorizes the Service Provider to make changes to the programming, HTML, PHP, CSS, JQuery, coding, database, feeds, server settings, configurations, DNS, MX, SEO keywords, locations, XML, plugins, widgets, applications, podcasts, and security settings, backup, content, and all the other technical and non-technical features necessary to improve the overall exposure and performance of the website.

Monthly Website Maintenance Service Assistance: For the Client’s purchasing Monthly Technical Maintenance or Virtual Assistance Services – The Client understands and agrees that Website Maintenance is performed periodically, depending on the website’s size. Any request by the Client above the maintenance plans will be billed separately and must be submitted via email between 10 AM to 4 PM, Mon – Fri. Any request received after 4 PM will be considered a request for the next day. The client agrees that to process such requests, the Maintenance Service Provider may take 3 to 5 business days, depending on the request queue.

Monthly Maintenance Guarantee: The Client understands and agrees that web maintenance is done on an open-source content management system such as WordPress and Woocommerce, a third-party plugin, an interface that is saved on a third-party hosting server, and the failure or success of such updates depends on several factors such as server response time, server bandwidth, internet connection, and version compatibility with other plugins, and widgets, by an act of God; making the monthly maintenance guarantee ineffective and therefore agreeing to hold the Maintenance Service Provider harmless from all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees.

Monthly Paid Subscription Cancellation Policy: Cancellation of any monthly paid subscription plan such as the Technical Maintenance Plans, Monthly SEO Plans, Google AdWords Management, or Analytics Reporting must be notified sixty (30) days before the cancellation date via email/mail. Suppose updates are postponed or canceled at the Client’s request by email. In that case, the monthly Service Provider shall have the right to retain 50% of the original payment as a deposit and maintenance expenses. If this amount is insufficient to cover the Maintenance Service Provider for time and cost already invested in the maintenance, an additional payment may be due. If other income is anticipated, this will be billed to the Client within ten days of notification via email to stop monthly updates. The final price will be expected under the same terms as this agreement.

You are right to cancel:

41.1 You reserve all rights to terminate the provision of our services at any time.

41.2 In case of cancellation on your behalf, all deposit payments are non-refundable.

42.1 Invoice credit terms will be specified at the foot of the document. Payment is required before the credit term expires.

42.2 If payment is not received within the specified credit terms, we are entitled by statutory legislation to levy an additional charge of 8% interest for the unpaid invoice. This policy will be enforced immediately once the credit term has expired.

42.3 When sending payment by check, you must allow a reasonable time for the bill to be delivered to our offices and paid into our bank account before the credit term expires. You will remain liable for late payment charges if the payment is not registered as cleared funds before the credit term expires.