Terms of Service

Definitions.

Billing.

Billing is done with one half (1/2) hour minimum and quarter (1/4) hour increments thereafter. An initial minimum fee of $47.50 is applied to all monthly and/or quarterly invoices in addition to website work during the invoice period. Standard hourly rate of $95 (subject to change).

Client’s Responsibility.

Client agrees to provide text information that is to be included on Client’s website and is to be emailed to Developer.  Failure to provide text information via email will result in additional charges at Developer’s standard hourly rate to enter information onto Client’s website. Graphics and pictures, which the Client provides for inclusion in the web site, shall be e-mailed to Developer; failure to do so shall result in scanning and/or editing charges billed at Developer’s standard hourly rate.

Client will provide all information to be included on the website to Developer before work on the website will begin.

Copyrights and Trademarks.

The Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Developer for inclusion in webpages 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 Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

Development Process.

Client’s website will be developed on Developer’s development server.  Once any final payments that are due to Developer by Client for Client’s website are received, website will either be moved to Client’s web space or files given to Client either via email or provided to Client on CD-ROM.

Developer reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

Domain Names.

Domain name(s) procured by Developer for Client will not be renewed until payment for such is received by Developer.  Once a domain name is expired, there is no guarantee that it can be renewed by Client or that it may not be purchased by another party.

Email Programs / Computer Hardware / Software / Viruses

Developer does not provide ongoing technical support for client(s) email on client(s) computers.  Client should use an email client such as Outlook Express, Outlook, Thunderbird, or other such email clients so that email can be downloaded to their computers.  Email left on server can cause the email account to become full and unable to receive email.  Client is obligated to keep email boxes from becoming full.  A $75 charge will be applied if Developer is required to clean out email boxes.

Technical support to establish email  parameters is available at standard hourly rates.

Maintenance / Updates.

Maintenance / updates prices for website are not included in Web Design Contracts. Prepaid Web Services Plans are available.

Update information for websites must be sent via email to establish a record of the update request.  Updates may also be sent by fax or regular mail, however these updates will incur additional time which will result in additional charges.

Our scheduled day to do updates is on Mondays.  If an urgent update is required, additional fees may be applied unless otherwise indicated via bundled service package.

In the event that Client does their own website updates and/or modifications, and problems arise as a result of this, Developer's standard hourly rate to fix and repair website is doubled.

Non Sufficient Funds.

A $35.00 fee will be charged each time a check is returned stamped NSF.

Ownership of Web Pages.

Assembled work of web pages produced by Developer is owned by Developer until final payment for the website is made. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Developer or its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Programs, scripts and source files that are developed by Developer remain the intellectual property of Developer and may not be sold, re-licensed, or transferred without written permission. 

Payment of Fees.

Payments must be made promptly and are due upon receipt. Non-payment after thirty (30) days of invoice date will result in suspension of website account(s) on the World Wide Web covered by the invoice until such time as payment has been received. Reactivation of suspended website(s) incurs a reactivation fee of $75 which shall be received by Developer before website is reactivated.

We accept checks, money orders, and payment with credit cards via PayPal®.

Fees to Developer are due and payable on the following schedule: deposit (non refundable) of one-half (1/2) upon signing Website Design Contract, one-half (1/2) when the web pages have been constructed according to the Client's original written specifications and before Client's website is made live on the Internet.

If the Client delays more than 30 days in providing final information for the web site, the final payment owed to Developer shall immediately become due.

If the total amount of this contract is less than $600, the total amount shall be paid upon signing this contract.

If collection proves necessary, the Client agrees to pay all fees incurred by that process including reasonable attorneys’ fees. This agreement becomes effective when signed by Developer. Regardless of the place of signing this agreement, the Client agrees that for purposes of venue, this contract was entered into in Lafayette Parish, Louisiana. Please pay on time!

Additional items purchased by Developer at the request of the Client, such as fonts, photography, etc, will be billed to Client.

Any out-of-pocket costs, including but not limited to telephone charges, mileage, lodging, meals, etc. shall be billed to client.

Any additional work requested that is not covered in this contract will require this contract to be amended, with payment for additional work made at such time.

Refunds.

Refunds will not be given on any website design / update work started nor completed, or for any features placed on a website nor for domain names.

Third Party Programs/Scripts.

Developer does neither warranty nor guarantee any third party programs and/or web scripts that may be installed by Developer on Client’s website. Any programs and/or web scripts used for Client’s website which may require future updating/upgrading will incur additional fees. 

Third party programs / web scripts include but are not limited to web edit type programs, ecommerce shopping carts, newsletter lists, forums, etc.

Timelines.

Developer and Client will work together to complete the website in a timely manner. Client must provide all information, pictures and graphics/images via email to Developer before work will begin on website and must be received within two (2) weeks of signing a Website Designt Contract.  Failure to supply all content for website by the deadline will result in forfeiture of deposit.

We agree to work expeditiously to complete the website no later than six (6) weeks from receiving payment for a signed Website Design Contract.

Warranty.

Developer warrants that it will provide the Client with a quality website in conformity with the information provided by the Client. Developer does not warrant that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with Client. In no event will Developer be liable to the Client or any third party for any damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website. If any provision of this agreement is designated to 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.

In the event that the Client modifies and/or updates their website themselves, any warranty is voided.

Web Hosting.

Web hosting will not be renewed by Developer for Client until payment for such is received by Developer. Developer's web hosting terms of service can be found at http://www.kalidust.com/web-host/tos.php.

Website Suspension.

As stated above in Payment of Fees, non-payment after thirty (30) days of invoice date will result in suspension of website account(s) (if web hosting is provided by Developer) on the World Wide Web covered by the invoice until such time as payment has been received. Reactivation of suspended website(s) incurs a reactivation fee of $150 (to be paid by money order or PayPal® only) which shall be received by Developer before reactivation.

Additional Info

Devloper will not tolerate vulgar or threatening correspondence from clients -- this may result in immediate termination of project and will be reported to the Better Business Bureau.

Karen Lagrange reserves the right to amend our Terms of Service at any time and without notice.  Please check back often.

Last Modified Monday, Nov 10, 2008

With Kalidust - Online success is easy to achieve.

Contact us or give us a call at 337-988-2377. We'll be happy to schedule a telephone consultation with our website development expert, Karen Lagrange Coleman.