Website Services Terms & Conditions as of 2018
The following information is contained in each of the package contracts. These are the general terms and conditions that apply to all website services.
Client will have a website user login upon request. Client will be able to login and update the site as he/she pleases understanding that the Developer will charge hourly rate for undoing mistakes including downed site. Site will be rebuilt at hourly rate. Client is also responsible for ensuring secure passwords to deter hacking for their login. If Client’s website is hacked, we will make our best effort to retrieve and publish the latest back-up. If those files are also corrupt, we will charge the hourly rate for rebuilding the site.
Monthly Payments for Website Design
If client chooses the monthly payment option, client agrees to pay $224/month for 1 year to Modern Home Inspector through the company’s auto-pay merchant service. 1st payment is due when client enters agreement with Developer. Website development will not start until the first payment is received. In the event that payment is declined or MHI is unable to collect payment there will be a 30-day grace period for MHI to contact the client to retrieve and re-activate the monthly payment. If MHI is unable to reach the client and re-activate the monthly auto-withdraw, the site will be taken down. Client also understands that this is a separate fee in addition to the hosting.
Monthly Hosting + Maintenance
Client understands that entering into this website agreement also requires a monthly hosting fee and to maintain the site. This is a month-to-month agreement. Client can also decide to upgrade or downgrade their hosting based on the package they choose and the services required.
Turn around time to build your website is approximately 4-6 weeks (or faster) and is dependent on how communicative the client is with providing the information requested by the designer.
Work Flow & Communication
Communication between the Developer and the Client is crucial. (see below for Client Responsibility). If needed, we will have an initial phone consult to go over any questions or requests. MHI will communicate mainly through emails. Once the site is complete there will be a Website Review Phase (see below) and sign-off approval process. The client will initiate their monthly hosting and maintenance plan and we will then launch the site. After this time, any additional work or tweaks will be billed at the current hourly rate.
Client agrees to set aside a few hours each week to devote to the website collaboration. Client agrees to provide all information requested in a timely manner. I understand that I must provide all the requested information in the online “Getting Started Checklist” forms provided to me by the Developer before website design will commence.
Client is responsible for opening and reading all emails sent by MHI.
Client understands that the developer provides some content but not all. We will work as a team to create general information like service descriptions. But each home inspector has a unique business and must have its own individual content to set them apart and for SEO purposes. The Client understands he/she will be responsible for writing some content. (See Text Content below)
Client must initiate monthly hosting plan auto-payments successfully before website is launched.
Client is responsible for notifying MHI of credit card changes and will need to update their monthly billing with their client portal or MHI may send a new link to re-start the monthly payments.
If communication from client ceases for more that 30 days during development the website will be considered “inactive” and there will be a $75 fee to “re-activate the website process.
If communication from client ceases for more that 180 days during development, this contract will become void with no refund.
Website Review Phase
This is a very important phase at the end of development. During this time, client will thoroughly explore the site, page-by-page, ensuring that all that was agreed upon in the contract has been accomplish satisfactorily. We suggest you take some time to look through the site and make notes. During this process, you will fill out the Website Sign-off Checklist form. Once this form is submitted, additional changes and edits will be billed at $75/hour. At this time (or 4 weeks into the process, whichever comes first) you will receive the form to subscribe to your monthly maintenance plan.
Not every browser version supports all functions of modern themes and frameworks containing HTML markup and CSS. We do our best to make sure your website works across most browsers but cannot guarantee the older versions (for example Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera) will show every feature. We will not test for these older browsers. Although presentation may not identical among browsers, critical elements of each page will be displayed. Client acknowledges that some advanced techniques (e.g., HTML5 and video) may require a more recent browser version, different brand, or additional browser plug-in. Client is also aware that as new browser versions are developed, the new browser versions may not be backward compatible. In the absence of a Maintenance Agreement time spent to redesign a site for compatibility due to the introduction of a new browser version will be separately negotiated and in addition to the base price of our agreement.
Developer is not responsible for writing text copy (content) unless we specified it in the original estimate.
Developer will provide up to 4 licensed stock images for the website. Client is responsible for supplying fully licensed photographs either in digital format (via Dropbox) or as email attachments. If you choose to buy stock photographs, we can suggest vendors of stock photography.
Changes + Revisions
The package price is based on the scope laid out and number of hours that we estimate will be needed to complete the project. Some revisions and changes will be worked into the initial projected hours. Any additional revisions going over the scope and hours allotted, will be billed at current hourly rate. Additionally, any revisions made after the final website checklist is approved and submitted will be billed at the hourly rate.
I am not a graphic designer. Developer can provide basic Photoshop and Illustrator functions for logo and branding purposes. Any graphic art needs will need to be obtained through a professional graphic designer through one of our resources (including InterNACHI).
Client agrees to reimburse for other Client-requested expenses. Examples include: Special font request, unique photography request, & client-specific software/plugin requests.
Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Developer’s development of the Client’s web site. This includes Liabilities asserted against the Developer, 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, employees or assigns.
Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing upon on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Client agrees that the Developer may put a byline in the footer of the web page for establishing design and development credit and include completed website in Developers live website portfolio. You must notify the Developer if you do not approve of this.
The Developer, its 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. Likewise, the Client agrees that it will not convey any confidential information obtained about the D
This hosting package does not include an email with domain purchase. This must be purchased through an outside source such as Gmail for Business. Developer does not provide on-going technical assistance with email issues.
Developer will provide some technical assistance with regards to your website and theme, as well as hosting guidance but will not be able to answer every technical question. We will certainly help find the answers with the appropriate person.
Developer cannot guarantee that the functions contained in any web page theme or that a completed website will always be error-free. Developer is not liable for any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by you, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
- You own the graphics and other visual elements that we create for you for this project. Upon request, we will provide a copy of all files and you should store them safely as we are not required to keep them or provide any native source files that we used in making them.
- You also own text content, photographs and other data you provided, unless someone else owns them.
- We reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
See our Cancellation & Refund Policy.