Law

I have read and I understand the following terms and conditions. We will always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.


You are hiring 714WEB located in Maryville, TN to design and develop a web site for the total price of $10,000 by paying the deposit amount of $5,000 and $150 for the monthly server maintenance as described below. The balance will be in the amount of $5000 which is set out in the invoice that has been issued to you by us, you are agreeing to, and are bound by, our Standard Terms of Business, the project proposal in addition to the following Terms & Conditions. What do both parties agree to do?


You: You have the full power and authority to enter into this contract in the name of the party you have identified in your engagement with us. You’ll give us everything we need to complete the project as and when and, in the format, we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.


Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We will use reasonable endeavors to meet every deadline that’s set and agreed to by both parties. Design We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes, as requested. We create digital works predominantly using ‘WordPress’ as our platform, however, we may use other platforms at our discretion where we consider it appropriate. We may use static visuals to indicate a look-and-feel direction (color, texture and typography.) We call that ‘design atmosphere’. Unless we have agreed with you otherwise in writing, we will use the process we consider most appropriate to build digital assets for you. Most correspondence will be via email as this gives us factual records of change and update requests. Please keep in mind that this is a creative process and we will do our utmost to interpret and meet your requirements however due to the nature of creativity it sometimes may not be exactly as you envisaged. You’ll have plenty of opportunities to review our work and provide feedback. We will have regular contact as updates and changes are made. If, at any stage, you’re not happy with the direction our work is taking, or you feel we’re not keeping our end of the bargain, you’re free to walk away. Text & Content – We’re not responsible for writing or inputting any text copy outside of what we’ve committed to in the scope. If you’d like us to write new content or input text for you, we can provide a separate estimate for that. If you engage us to input text for you, and referring to all text and copy in your website or other online spaces, it will be your sole responsibility to ensure that the content does not infringe any applicable laws, regulations or third party rights and to ensure that the material is not obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, menacing, blasphemous or in breach of any third-party intellectual property rights (Inappropriate Content). We may (with your consent) make minor changes to your content to improve it and we reserve the right to refuse to upload Inappropriate Content. Changes/ Alterations We allow for 2 revisions / changes / updates / additions after the first draft (as agreed) is sent to you and agreed on. That first draft itself has the opportunity for 2 revisions / changes / updates / additions, which make for a total of 2 rounds of revisions. We set this limit of revisions as, quite simply, we cannot go on forever making changes. So, it’s best you are confident, either in us, or in your own content, so that we can all be sure of and make decisions and approvals in a timely manner. Whenever you email us to make a change, it is saved and compiled into a change list, and applied at the appropriate time, so please add as much as you can in each email. After the 2nd revision in the 2nd round of revisions, changes are charged at our standard maintenance rate, which is specified in our project proposal [and on our invoices]. Also, the site must be launched (from a domain name standpoint, not necessarily a marketing standpoint, before we make additional changes beyond those offered in the scope.


Photographs You should supply graphic files to us in an editable, vector digital format or .jpeg /.png. You should supply hotographs to us in a high-resolution digital format. If you choose to buy stock photographs, we can suggest online stock libraries. We prefer raw files so we can cut and crop according to where they fit best. We will supply up to 6 high resolution pictures free of charge. If you’d like us to search, purchase and supply photographs for you beyond that, we can provide a separate price for you. Typically, $150-$300 for high end stock photos, we don’t mark this price up, it’s a “pass thru” cost. Desktop browser testing, where appropriate, we test our work in current versions of major desktop browsers which have over 10% market share. We refer to the latest monthly statistics as provided on this site https://www.w3schools.com/Browsers/default.asp. It is not possible for us to develop digital works that will look the same in all browsers. Mobile browser testing Where appropriate, we test our work on popular small-screen devices to help ensure that a person’s experience of a design is appropriate to the capabilities of the device they’re using.


We usually test our work in current versions of ‘Smart’ phones which have over 10% market share. It is not possible for us to develop digital works that will look the same on all phones. Changes and revisions We know from experience that the development of most digital works take around 4 to 8 weeks to finalize once you have supplied the content. This is mainly due to the amount of content that is required to complete most websites or other digital works projects. More often than not we add the content supplied by clients and then the client makes several changes along the way. As we receive these changes, they go into the queuing system for our developers to make updates. At any time, we can be working on a large number of websites, so these changes, even when minor, can take 2 to 4 working days to turn around. We will use reasonable endeavors to action all customer requests in a timely manner.


Hosting Where appropriate, we can host your website or app if you engage us to do so. We host websites and apps on dedicated servers leased by us from third party specialist hosting companies. 714WEB will not be responsible for any loss of business or other damages resulting from occasional “down-time” or other technical problems related to the hosting servers, whether caused by the hosting company or any other reasons beyond our control. We do offer a server maintenance refund for that month if we have a verifiable downtime event of more than 5 minutes. We offer various levels of hosting, please ask us for details. We assume our standard package fits most customer needs. If you want your digital assets hosted elsewhere, this will incur an extra charge from us. This is due to the different configurations of various servers and the set-up process for us. usually takes extra time, normally around 2 to 4 hours, however each case is different. Setting up this outside hosting is charged at our current hourly rate. 714WEB does not hold responsibility for any updates, maintenance or hacking if your digital works such as website or app is hosted on a server other than 714WEB’s hosting servers. Emails If you use a domain-based email address (eg [email protected].) then changing your current website host may mean a change to your domain name server. This is done from accessing your domain via your domain name provider. We will require you to provide us with the ‘Mail Client’ type plus login and password (we will be able to assist you to locate this). If you are using Microsoft products to view your email you will also need to update passwords within this software. Security We include free security on all websites however we cannot guarantee that your website or other digital works will be secure or free from bugs or viruses or any other type of malicious code or software over time, and we take no responsibility should your website or other digital works be hacked or otherwise for any losses that you may incur. In the highly unlikely event that you be hacked, we can assist you to restore your site or other digital works to the last available version from the backups, which occur daily and the last 30 days are on file at any given time. We initially add a complex password to your login to lessen this possibility. Should you change this password, or simplify it, you will be making it easier to be hacked. We will charge our hourly standard maintenance rate for any assistance that you request in relation to a hacking event. Backups We take regular backups of all digital works and these backups are stored in multiple locations. You can also backup your digital works to your own device as added security. Backups can also be compromised by hacks so the more there are, the better. Website Launch Depending on the nature of the digital works, it can take up to 96 hours for your website or other digital works to be able to be found on the internet after we attempt to publish them. This is called propagation and is completely out of our control. We will also list your site with Google. It can take up to 3 weeks or to be found on any search engines. Once again this is out of our control but we take reasonable steps to minimize these times for our clients, where possible. Training After your website or other digital works are live, we will send you a ‘How To’ document to show you how to make changes / update them (as appropriate). This will cover what you need to do but does assume you are suitably familiar with the tools and technology being used. If in doubt, we encourage you to ask an expert to make any changes or updates to the digital works. Depending on the nature of the digital works, you may need to make ongoing changes or apply updates. If these are beyond your knowledge or skills base you may need us, or another trained Web Developer, to complete the changes or apply the updates, for example where there is a requirement for coding etc. Of course, you can email us if you have any difficulty and we will help by email or phone. If you require additional or unexpected training, we can provide it. Our standard maintenance rate will apply. We will not be responsible for, and accept no liability in relation to, any changes or updates you make to the digital works. Intellectual property rights You guarantee that all elements of text, images or other artwork you provide are either owned by yourselves, or that you have permission to use them. When your final payment has cleared, the copyright and other intellectual property rights, to the extent created by us specifically for this engagement, in the underlying software and code relating to the webpages or other digital works, the overall design and specially written text or graphics of the webpages or other digital works will be automatically assigned by us to you. You’ll own the intellectual property rights to the website or other digital works that we create for this project – subject to any third-party ownership rights. We will give you source files and finished files if requested, and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them. We love to show off our work and share what we’ve learned with other people, so we reserve the right, and you grant us a non-exclusive license to use the intellectual property rights in the website and any other digital works we have developed, along with the software, for the purpose of displaying and linking to your project as part of our portfolio and to write about it on the web and in articles for advertising and promotional purposes.


Payments – We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. Our payment terms are shown on the original proposal we sent to you. We thank you in advance for prompt payment of our invoices for completed works to keep your project on track. Nonpayment, beyond 30 days past due, is grounds for termination of hosting. At our discretion, if you fail to make a final payment, we reserve the right to remove your website from our hosting platform (which would make it non viewable to the public).


Parked Projects If we encounter extensive delays in receiving feedback or content / information from you and after many repeated attempts, are still unable to complete your project due to lack of receipt of such, your project may be parked to continue when you are more ready to do so. If project completion extends beyond 3 months, additional charges may occur to bring the project back online for completion. These charges are related to re-familiarization of the project by our team, updates required to WordPress core, plugins and possibly theme.


Finally, you will not be able to transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document governed by the laws in force in, and under the exclusive jurisdiction of the court in Blount County, TN.


Governing Law, Jurisdiction and Forum. This Agreement, and all agreements for other products or services provided by 714Web hereafter, shall be construed under and governed by the internal laws of the State of Tennessee, without giving effect to any conflict of laws provision or rule (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Tennessee. By entering into this Agreement, the client acknowledges that the client is subject to the jurisdiction of both the federal and state courts in the State of Tennessee. Any actions or proceedings instituted under this Agreement shall be brought and tried solely in courts located in Blount County, Tennessee or in the federal court having jurisdiction in Greeneville, Tennessee. The client expressly waives the right to have any such actions or proceedings brought or tried elsewhere.


I agree to the Server Maintenance plan. This plan covers 3rd party license costs, and server maintenance and security updates costs. This is a Monthly Fee of $150 for my website, that starts when the project begins, as that’s when the server space is created, and therefore will begin routine maintenance. This is NOT a hosting fee. This is a server maintenance and security updates fee. I am aware that I CAN take my website, upon completion, to another server to be hosted and maintained. I do own the website. I am requesting 714Web “host” it, and support it, and keep it secure.