STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Fox Web Creations for its clients.
1. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
2. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of $100.00 per hour.
4. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
5. APPROVAL OF WORK
On completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
6. REJECTED WORK
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.
8. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
10. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.
11. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Fox Web Creations under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
15. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do form part of our proposal including but not limited to the purchase of third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
16. BACKUPS (out of our server)
You are responsible for maintaining your own backups if you are hosted outside of our servers with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
17. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of State of Missouri. You and Fox Web Creations submit to the non-exclusive jurisdiction of the courts in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
18. CROSS BROWSER COMPATIBILITY
By using current versions of well-supported content management systems such as “Wordpress”, we endeavor to ensure that the websites we create are compatible with all current modern web browsers such as the most recent versions of Firefox, Google Chrome, Safari and Internet Explorer 11+ (Edge). Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Webilicious ® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
- Any information collected by Fox Web Creations will never be passed on to third parties for marketing purposes.
- The information collected from customers during the ordering process is only used for the purposes of billing, administration and supporting the products and services we deliver.
- The information collected from our website is only used for website and traffic analysis and will not be used to approach website visitors.
- In certain circumstances, Fox Web Creations contracts out services to third parties in order to deliver a particular product such as domain name registration. In such cases, information will be passed on only to ensure delivery of those services. At all times, parties to which we contract services or disclose your personal information are either covered by contracts which protect your personal information or are subject to obligations which are substantially similar to our own.
- Fox Web Creations maintains mailing lists for the purpose of providing updates and promotional information. Emails may be sent by us to customers or web visitors. Customers can at any time opt-out of a mailing list by clicking an unsubscribe link at the bottom of any emails received.
- Customers are responsible for any personal or private information contained within their website.
- We will endeavor to protect the confidentiality of customers’ information, account information and personal communications stored within our service and administration infrastructure. Fox Web Creations will use appropriate processes and systems such as data encryption, firewalls, user authentication and verification protocols to protect customer information from misuse, loss and unauthorized access or modification.
- By using our website and/or services, you consent to the collection and use of information by Fox Web Creations as specified above.