Please read these Terms carefully. This agreement constitutes the entire contract between Ultimate Web Design (UWD), and the Client for services described hereon and supersedes all prior understandings, oral or otherwise, between the parties. The parties intend to be legally bound by the terms of this Agreement as stated herein.
These Terms govern your access and use of this site. By accessing or using this Site you agree to be bound by these Terms and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms.
UWD reserves the right to make changes to this Site and to these Terms at any time without prior notice. You should review these Terms each time you access this Site.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
UWD has the right to decline any project for any reason.
Website Design and Development Terms and Conditions
- Fees: Client agrees to pay all fees as described in the signed written proposal provided by Ultimate Web Design.
- Payment: Deposit is due upon signing contract. Half of the remaining balance is due within 5 business days after first proof is emailed to the client or after 6 weeks from project start date (whichever is sooner). The Developer / Designer will resume project completion once payment is received. Remaining balance plus any client approved additions throughout the project will be due within 5 business days from the email of final proof or by the 12 weeks after project start date (whichever is sooner). Website will be delivered to client and made live upon Developer / Designer receiving final payment. If payment has not been received by due date, we will automatically draft the credit card on file to collect the payment.
- Late Payment: Invoices that have not been paid by the due date are subject to a 3% late fee unless prior arrangements have been made between the Developer/Designer and the Client.
- Copyright: Copyright of all products created while performing Services for the Client will be transferred to the Client upon receipt of payment in full.
- Permissions: The Client represents that all website content including logos, trademarks, photos, illustrations, audio, video and written content provided to the Designer/ Developer are owned by the Client, or the Client has received explicit permission for use, and do not violate United States copyright law. Client also received permission from all individuals photographed to be show on the web. Each person in photos going online understands that their face will be seen on the internet. Any names and contract information placed on the website also have been provided with consent from each individual. The Client agrees to indemnify and hold the Developer / Designer harmless against all claims, including but not limited to claims of copyright or trademark infringement, violations of the rights of privacy or publicity or defamation, arising out of use of the work.Client hereby grants the Developer/Designer the right to use the work for demonstration of past work performed via portfolio or advertising.
- Termination: Either party must give at least 14 days notice to the other party before termination. This contract may only be terminated after all outstanding invoices have been paid. By Client: The Client may cancel work on the website at any time by submitting notice via certified mail. The Developer / Designer will halt work upon receipt of certified letter from Client requesting cancellation. At that time, the Client will be responsible for paying for all work completed prior to the Developer / Designer receipt of cancellation request. Any deposit made will not be refunded to The Client. If, at the time of request for refund, work has been completed beyond the amount of work paid for by the initial deposit, the Client shall pay for work completed. By The Company: The Developer / Designer reserves the right to refuse service and cancel a website project if necessary, in which case, the balance of the initial payment will be returned to Client after all applicable fees have been deducted for work completed. The Developer / Designer may cancel project for any reason deemed necessary, including but not limited to Client not providing necessary information, text and graphics in a timely manner.
- Changes: The Client shall be responsible for making additional payments for changes to original proposal; however, no additional payment shall be made for changes required to conform to the original proposal description. Any additional fees accumulated during the project must be approved by the client.
- Proofing: After initial website development and design has been implemented, the Developer / Designer will email a first proof to the client for review. During the proofing process, the client can request unlimited modifications and changes; however, all requests must be submitted to the Developer / Designer within 5 business days. Likewise, the Developer / Designer will make any changes within 10 business days from the receipt of second payment as long as Client responds to correspondence in a timely manner. Should the client need additional time to make the initial proofs to the website, an extension may be requested for an additional fee of $100 for each additional 5 business days. Likewise, should the Developer / Designer need additional time to make changes, a credit of $100 will be added to the Client’s final balance. Once all modifications have been made by the Developer / Designer and the client has approved all changes, a final proof will be emailed to the client. Should The Client wish to make any changes to the final proof once it has been submitted, written notice of any corrections should be made and sent via email within 3 business days. These corrections will only include errors made by the Designer / Developer. Any modification requests after the submission of the final proof which do not include errors made by the Developer / Designer will be subject to an additional fee which will be calculated at an hourly rate of $75 per hour. A separate invoice will be submitted in addition to the original invoice submitted with the final proof. Both invoices must be paid before the website will be made live and delivered to the client.
- Performance: The Developer/ Designer will make every good-faith effort to test all elements of the web site thoroughly and make all necessary corrections as a result of such testing prior to handing over the deliverables to the Client. The designer will do their best to make website as accessible, useable, and cross-platform as possible. Client understands that some site features will cause a website to not meet these standards 100%, that no website will look and function identically in all browsers and operating systems and that any attempt to do so is futile. The Developer / Designer will inform the client of any features that could negatively impact website accessibility, usability, and cross-platform use
- Maintenance: No agreement for continuing website maintenance and promotion is contained in this contract UNLESS otherwise stated in the original proposal.
Social Media Marketing Terms and Conditions
The Social Media Management product has been developed to facilitate the promotion of your business and/or interests on Facebook using Facebook ad inventory and consistent with Facebook’s guidelines in place at the time.
To complete the process of creating and customizing your Facebook page and then advertising on Facebook, you may be required to accept additional terms and conditions from Facebook, including the following:
- Statement of Rights and Responsibilities (https://www.facebook.com/legal/terms)
- Facebook Advertising Guidelines (https://www.facebook.com/ad_guidelines.php)
- Community Payments Terms (https://www.facebook.com/payments_terms)
Facebook’s guidelines are subject to change and there may be a period where the Social Media Marketing product may need to be updated or redeveloped to accommodate this change, if at all. In no case will UWD be liable to you for loss of business or profits; incidental or consequential damages; or costs in excess of billing for services related to your purchase of the Social Media Management product, whether as a result of errors, mistakes or failure by UWD to perform services, or otherwise. UWD reserves the right, in UWD’s sole discretion, to refuse to accept any particular use of the Social Media Management product or to terminate any particular use of the Social Media Management product prior to completion at any time and for any reason. You agree that UWD shall have no liability of any kind to you or to any third party arising from such refusal or termination.
*Updated June 2017