Website Designs By Penny
Service Terms & Conditions
The following terms and conditions apply to all website design services provided by Designs By Penny to the Client.
Please read these Terms of Service carefully before using our website design services. YOUR USE OF Designs By Penny service CONSTITUTES ACCEPTANCE OF THIS AGREEMENT and you the client agree to be legally bound by and accept this agreement as applicable to your purchase of web design services from Designs By Penny. If you disagree with any part of these terms and conditions, please do not use Designs By Penny's website design service. These terms and conditions are subject to change without prior written notice at any time, in Designs By Penny's sole discretion
The terms 'DBP' ‘us’ ‘we’ refer to the owner of the website design service. The term ‘you’ 'the client' 'your' or 'yours 'refers to the user of our website design/build service.
Authorization: The parties understand, acknowledge, and agree that this is an online agreement and you are consenting to our terms and conditions electronically. You are engaging Designs By Penny as an independent contractor and not the Client’s employee for the specific purpose of designing a web site to be published on the client's WIX account. You ("The Client") hereby authorize us ("Designs By Penny") to access this account as a site contributor and authorizes us ("Designs By Penny") full access to your WIX account for this website design service. By stating "I agree" via email, or by making payment of the invoice(s) of a contract you are confirming that you have read and agreed to this agreement terms and condition and consent to use of this electronic method of contract acceptance under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN).
QUESTIONNAIRE: You will receive a service/design questionnaire to help us better understand your website design needs and desires. Afterward, we will follow up with an initial 45-minute phone consultation to gain even more insight into your website design/needs. The Client will provide general direction to us, we will then determine, in our sole discretion, the manner and ways in which to create and design the website for you.
TERMINATION: This Agreement shall be effective as of the date set forth on the requested web design service contract submitted VIA email. This Agreement may be terminated by either party upon written notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing or email notification to the other. If the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by us immediately if the client fails to pay any fees hereunder, or if the client fails to cooperate with us or hinders our ability to perform the Services hereunder. The Client will be invoiced for website design work completed to the date of first notice of cancellation for payment in full within fourteen (14) days.
WEBSITE DEVELOPMENT CANCELLATION: If the website design work has already begun (such as creating a design concept), the down payment is non-refundable. Designs By Penny may elect at its sole discretion to offer a partial refund depending upon the circumstances.
SERVICES: Designs By Penny shall provide web design services including but not limited to tailored-designed and development pages ie.,.(homepage, about, work, service, header/footer, contact, social media integration, basic optimized mobile website, custom colors, and fonts, WIX stock image research/selection, etc... and perform its obligations, in accordance with your proposal contract with us and any timeframes.
Additional services we provide include e-commerce, blog page set-up, and customization, customized contact or other forms, deep-scrolling web page (extra long web pages) each section count as a page, search engine optimization (SEO), and website maintenance. all at additional costs.
WIX PAID PLAN A MUST: Before we get started designing your website, the Client must have an active Wix paid website plan. The client will pay for the Wix annual hosting separately as well as any other additional Wix apps and Wix tools needed to enhance or complete the design/build of the client's website. Please Note: All the aforementioned costs are independent of any website design services we provide. The client must also purchase the domain through WIX. A WIX domain is free the first year with most of their plans. Visit wix.com/upgrade/website for all available plans.
DESIGN/BUILD: Web Design will be developed using Wix's latest HTML5 technology platform. Please Note: Wix platforms require hosting to be secured & maintained by them if the site is built using their tools.
PAYMENT: Payment invoices are sent via email. Invoices are due upon receipt. Unless agreed otherwise with you the client, all website design services require advance payment of 50% of the total proposed design fee before web design work commences. The remaining balance is due after the design, navigation, and pages have been approved and built. The final payment is due regardless of whether all content for the pages has been sent by the client. Should the Client fail to pay the designer the full amount specified in any invoice within 30 calendar days of the invoice date, the interest of (10% percent) per annum shall accrue from the 30th calendar day following the invoice’s date.
Please Note: Website design price quotes are valid for a period of 14 days. All payments must be made in U.S. Dollars.
ACCESSIBILITY DURING CONSTRUCTION: As Designs By Penny completes each stage of the design/build project, the client is given an opportunity to review the appearance and content of the website development for approval. The client will have 10 business days to approve the completed design or provide corrections and comments via email to the designer. The designer will have 10 business days after receiving the Client’s comments and corrections to submit a revised version of the materials to the Client. The client will review the revised version within 10 business days of receipt and either approve the corrected version or make further changes. If the Client fails to provide approval or comments during any of the approval periods, those materials will be considered to be approved. If the Client terminates this Agreement under any provision, the Designer shall be entitled to compensation on a time and materials basis at an hourly rate of $75/hr plus expenses to the date of termination. The designer shall submit an invoice detailing its time and expenses. The client shall pay the designer the difference within 30 days of the date of the invoice.
REVISIONS: The revision starts upon receipt of the first payment, or when the client requests the first rounds of revisions on-the-site design/build. We offer two rounds of minor revisions per page of the design/build. Additional revisions will be charged accordingly. Please Note: that any major design changes, additional page requests, and revisions above the scope of work agreed upon will incur additional charges and will require your written request for said changes via email.
GO LIVE: Once the site design/build is completed and deemed to be accepted and approved (via written email approval) by the client, the design is then considered ready for implementation to go live.
CHANGES IN DESIGN SCOPE: If the Client wishes to implement major revisions after the Client has already accepted and approved the designer's work following the completion of any stage of development, the Client shall submit to the designer a written proposal specifying the desired changes. The designer will evaluate each such proposal at its standard rates and charges. The designer shall submit to the Client a written response to each such proposal within 10 business days following receipt. The designer’s written response shall include a statement of the availability of the designer’s personnel and resources, as well as any impact the proposed changes will have on the contract price, delivery dates, or warranty provisions of this agreement. The client shall have 10 business days from receipt of the designer’s response to its proposal to accept or reject it in writing. If the Client accepts the designer’s response, the designer shall draft a written Contract Amendment Agreement to reflect the desired changes and acknowledge any effect of such changes on the provisions of this Agreement. The designer shall commence work on the desired changes once the contract Amendment Agreement is signed by the Client and Designer. Should Client reject the designer’s response to its proposal, Client will so notify the designer within 10 working days of Client’s receipt of the response. The designer will not be obligated to perform any services beyond those called for in this original Agreement.
TRANSPARENT: We are transparent and upfront about our services and fees, with that, said we like to make sure we’re all on the same page before proceeding forward. If for any reason you’re not happy with the website designs, or if the nature or functions of the website build requests change significantly throughout the process, we reserve the right to deem the current project canceled. At this point, you will pay us in full for all the work we have done and/or may pay us to complete a new website design build based on new requirements. This will require a new quote and contract.
ASSIGNMENT OF WEB DESIGN PROJECT: Designs By Penny reserves the right, and you hereby agree, to assign subcontractors to this web design project to ensure that the terms of this agreement are met as well as meeting the estimated completion date if one was provided.
SUBMITTALS: Our company and the Customer shall work together to complete the Web Site design in a commercially reasonable manner. The customer is encouraged to provide as much instruction and direction as possible with each submission. All submittals of content or revision requests to the website MUST be made by email PRIOR to the end of a site build, with no exceptions.
CONTENT: The provision of content is the customer’s responsibility unless specifically negotiated ahead of time as part of the design contract. Designs by Penny will require the Client to provide website content including articles, images, website wording (text), graphics, and videos, within one week of the date of requested web design service. All content provided to us by the client must be owned by the client and free of any copyright infringement. The Client agrees to provide us with all the necessary information and content we require to move forward with the website design in a reasonable timeframe. All design content needs to be provided within one (1) week of a deposit being paid to start the website design-build. Should the client delay issuing Designs By Penny with the content required for the project the Client in breach of these terms and conditions and (as stated above) Designs By Penny reserves the right to terminate the project, renegotiate the cost of the project as well as the expected completion date. Unless expressly agreed in writing to the contrary Designs By Penny will not accept liability to the Client for unforeseen delays in completing a website design. If progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimization we need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.
TEXT: Text copy for all website pages and links needs to be delivered as-soon-as-possible and should be carefully proof-read by the client. Text content should be delivered via email document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages.
COPYRIGHTS: Designs By Penny does not assume any responsibility or liability for any of the content of the websites it design, builds, manages, and or maintains. The client guarantees to Designs by Penny that any elements of text, graphics, video, photos, designs, trademarks, or other artwork that the client or third parties at your request provides us for inclusion on any websites we design, are either owned by you, or that you have permission from the rightful owner to use them. You will comply with any and all applicable copyright laws. The Client retains the copyright to data, files, and graphic logos provided by the Client, and grants the Designs By Penny the rights to publish and use such material. The Client MUST obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Designs By Penny permission and rights for use of the same and agrees to indemnify and hold harmless Designs By Penny and its employees and subcontractors from any liability including any claim or suit threatened or actual (including attorney’s fees and court costs) arising from the use of such elements furnished by the Client as-well-as any and all claims resulting from the client’s negligence or inability to obtain proper copyright permissions. A contract for our website design service shall be regarded as a guarantee by the client to Designs By Penny that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
CLIENT PAGE MODIFICATION: With a Wix based website, the client will independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon in this agreement by the client and us. We agree that after the Client pays us in full, you may make any changes or additions to the Wix website we create for you under this Agreement, which is the client’s discretion may consider necessary, and the client may engage others to make any such changes or additions, without further payments to us. The client agrees that if you ask us DBP to make changes or additions to the website after the client approves the final files, the client and Designs By Penny will negotiate a separate additional payment for our time to make such changes. If anyone other than us or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed and charges will incur accordingly.
REFUND POLICY: If site design and development work has already begun, then the 50% down payment is non-refundable. Designs By Penny may elect at its sole discretion to offer a partial refund depending upon the circumstances.
DEFAULT: If your account is unpaid 7 days after the date of the invoice, your account will be considered in default. You will have fourteen (14) days to rectify the situation before the interruption of services is implemented. Design By Penny reserves the right to remove any Web Design service from viewing on the Internet until final payment is made. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges and or a reactivation fee of $125 to restore it. Designs By Penny is not responsible for any loss of data incurred due to the removal of the service. Accounts that remain unpaid fourteen (14) days after the date of the invoice will be assessed a $75 late fee in addition to 3% per month interest on the outstanding balance. In case that collection proves necessary, the Client agrees to pay any late fees and interests owed (including all attorney’s fees and court costs) incurred by that process.
ABANDONMENT If after repeated attempts to begin, continue or finalize the delivery of services, Customer fails to participate, or becomes otherwise unresponsive to Company requests for a period of three (3) months, the project may be considered abandoned, and Company may reduce any refund the Customer may otherwise be entitled to hereunder to zero, and Customer will have forfeited all rights to receive any refund for services purchased online or as described in the original Order Form.
COPY DEVELOPMENT: Should the client wish Designs By Penny to develop content for the site, website copy is billable at a $20 hourly rate. The development of copy is accomplished via DBP interviewing the client about the topic areas to be addressed on their web pages. Design By Penny then composes an appropriate copy, submits it to the client for review, edit, and approval. The approved copy is then posted to the web pages.
TRAINING: Our projects include a one-time complimentary training session in order for our clients to better make use of their new website. Additional training incurs additional costs billed at $25 per hour.
SHARED SCREEN TRAINING: If applicable, once a time for shared screen training has been set and/or agreed upon, Designs By Penny will need at least a 72 hours notice if the client needs to reschedule or cancel the appointment. If notice is not given in the 72-hour time frame, the training session will be considered lost and cannot be rescheduled. A new appointment would have to be set and will incur a fee. Shared screen training cannot be set until the site is complete or until the client states the site is complete. Once shared screen training takes place, the revision period (if any time remaining) will be considered void. Any edit requests for the site beyond the shared screen training session (if even missed during the build revision period) will be considered void. The Client agrees that if shared screen training takes place, that you accept the site as-is and understand that any further adjustments will INCUR ADDITIONAL COSTS.
SUPPORT: We offer phone support to our clients. Depending on the source of the problem, its severity, and our time invested support may incur. We reserve the right to refuse, restrict, or terminate service to any client, website, that contain offensive, obscene, hateful, malicious content, or any other reason.
COMPLIANCE: It is your responsibility, as the client and owner of your business to ensure that any website(s), advertisements digital or printed material, and any and all content (such as, but not limited to, design, words, images, products, video, downloads) complies with all relevant legislation, copyright legislation, advertising standards and privacy rules within the country that you operate in. Compliance with legislation is entirely your responsibility as the business owner. While we may in good faith help you implement changes to ensure compliance, we cannot be held responsible or liable for past, present, or future compliance with the applicable laws. Any advice we may give verbally or in writing should not be treated as professional legal advice. We are not qualified in this area and you should seek independent professional legal advice on any compliance and liability issues.
SEO TERMS & CONDITIONS: Designs by Penny accepts no responsibility nor liability to the Client for the actual rankings achieved or how such rankings may vary over time. Search engines are known to change their algorithms and in such doing rankings and traffic may fluctuate.
BROWSER COMPATIBILITY: WIX websites are designed to fully work in multiple browsers supported by the Wix platform. and be viewed by the majority of visitors. WIX Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that the Designs By Penny website design cannot guarantee correct functionality with all browser software across different operating systems. Designs By Penny cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, Designs By Penny reserves the right to quote for any work involved in changing the website design for it to work with updated browser software.
ORIGINAL WORK/CONFLICT/CONFIDENTIALITY: Designs By Penny promises that work does not violate the patent, copyright, trade secrets, or other property rights of any person, firm, or entity and that this agreement does not conflict with any other contract, agreement, or understanding to which we are a party. Finally, Designs By Penny promises to hold and maintain in strict confidence any confidential information that the Client provides (such as proprietary technical or business information), and Designs By Penny will not disclose such information to any third party except as may be required by a court or governmental authority.
TURNAROUND TIME AND CONTENT CONTROL: Designs By Penny will publicly post the Client’s website live to the Wix hosting service for viewing by the date specified in the contract, or at the date agreed with the Client upon Designs By Penny receiving final payment unless a delay is specifically requested by the Client and agreed by Designs By Penny. The Client will be solely responsible for any and all hosting service charges of Wix premium hosting plans.
INDEMNITY: All Designs By Penny services may be used for lawful purposes only. You agree to indemnify and hold Designs By Penny harmless from any claims resulting from your use of our service that damages you or any other party.
Company Indemnity: In performing services under this Agreement, Designs By Penny agrees not to design, develop, or provide to Customer any items that infringe one or more patents, copyrights, trademarks or other intellectual property rights (including trade secrets), privacy, or other rights of any person or entity. If Designs By Penny becomes aware of any such possible infringement in the course of performing any work hereunder, Designs By Penny shall immediately so notify the customer in writing. Designs By Penny agrees to indemnify, defend, and hold the customer, its officers, directors, members, employees, representatives, agents, and the like harmless for any such alleged or actual infringement and for any liability, debt, or other obligation arising out of or as a result of or relating to (a) the Agreement, (b) the performance of the Agreement, or (c) the Deliverables, other than Customer’s responsibilities and customer content. This indemnification shall include attorney’s fees and expenses unless Designs By Penny defends against the allegations using counsel reasonably acceptable to the customer. Designs By Penny's total liability under this Agreement shall not exceed the amount of the development fee derived by Designs By Penny under this Agreement.
CUSTOMER INDEMNITY: All Designs by Penny services may be used for lawful purposes only. The client agrees to indemnify and hold harmless from any claims resulting from your use of our service that damages you or any other party (its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Designs By Penny as a result of any claim, judgment, or adjudication against Company related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by the customer to Designs By Penny (the "Customer Content"), or (b) a claim that Designs By Penny use of the customer content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Designs By Penny must: (i) give the Customer prompt written notice of a claim; and (ii) allow the customer to control, and fully cooperate with the customer in, the defense and all related negotiations.
DESIGN CREDIT: We reserve the right to display and link to any completed project as part of our portfolio and to write about the projects we have completed on websites, in magazine articles, and in books about web design. A link to Design By Penny will appear in either small type or by a small graphic at the bottom of the client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in Designs By Penny's portfolio.
SEVERABILITY: In the event, any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.
FORCE MAJEURE: Neither party will be liable for or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
READ AND UNDERSTOOD: Each
Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions. The Client’s acceptance via email, text, or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
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