Terms & Conditions
- 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 Web 907 for its clients.
- OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon the client instructing us to proceed with the website design and development work. We reserve the right not to commence any work until the deposit has been paid in full.
Another 25% payment is due 45 calendar days after the start of the project, or 2 calendar days after the beta design presentation, whichever is earlier.
The remaining 25% shall become due when the work is completed to the clients reasonable satisfaction, but subject to the terms of the “approval of work” and “rejected work” clauses.
- REFUND POLICY
We work sincerely and dedicatedly to satisfy the client. If the client is not pleased with the work, the refund policy works as below:
- 75% of deposit shall be refunded, if requested within seven (7) calendar days from date of order and no development work has begun.
- Refund not applicable on domain registration fees.
- Refund not applicable for any delays outside of Web 907’s control.
- Refund not applicable once website has reach the beta stage.
- Refund not applicable on web hosting fees.
- SUPPLY OF MATERIALS
The client must supply all materials and information required by Web 907 to complete the work in accordance with any agreed specification. Such materials may include but are not limited to, photographs, written copy, logos, videos and, other printed or digital material. Where there is any delay in supplying these materials that leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount (see 6. Project Delays and Client Liability).
Where the client fails 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 one-round of revisions to the beta design (unless otherwise stated in the contract). Web 907 has the right to limit the scope of beta design edits to a reasonable amount and may charge for additional design work if the client makes a change to the original design specifications.
Revisions of the beta design can include color, font and page layout changes. The time for revisions is during the Beta Design phase (see 7. Approval of Work).
Any major deviation from the project’s specifications, or addition edits beyond the initial round, will be charged at the rate of $100.00 per hour.
- PROJECT DELAYS & CLIENT LIABILITY
It is required that a single point of contact be appointed from the client and be made available to Web 907 in order to expedite the feedback process.
Any time frames or estimates that Web 907 gives are contingent upon the clients full co-operation and delivery of complete and final content for the project. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is expected that the client will respond to feedback request in a timely manner. Client failure to communicate with Web 907 can result in project delays or cancellation.
- If all project materials are not received within the initial 90 calendar days, the project will be put on hold until all materials are supplied. At which point a new project timeline shall be agreed upon. A fee of $100 shall be paid by the client to allow Web 907 time to reacquaint with the project.
- A delay in content delivery of 180 days or more shall result in a suspension of the project contract. This will not nullify the contract agreement in terms of pricing and scope of work, but will change the expected delivery time of the project. A fee of $200 shall be paid by the client to reactivate the contract so Web 907 can reacquaint with the project. At this point, the contract will be extended for an addition six months.
- A delay in content delivery of one year or more shall result in the termination of the contract without refund.
- Delays in the Beta Review period or 30 days or more, beyond the initial 14-day review period (see 7. Approval of Work), shall result in the project being put on hold. Extensions to the Beta Review period may be requested if circumstances are reasonable or necessary . Once on hold, a project in Beta Review shall not restart until the remaining balance of the project is paid in full.
- Any and all project delays of over one year shall result in termination of the contract without refund (see 23. Termination of Agreement).
- APPROVAL OF WORK
On completion of the beta design, the client will be notified and have the opportunity to review the project. This is the called the “Beta Review” period. The client must notify Web 907 in writing of any design or content edits within 14 days of Beta presentation. Any work which has not been reported as needing edited will be deemed approved. Once approved, or deemed approved, work cannot subsequently be rejected.
Approved work will be subsequently invoiced for the remaining balance. (See 9. Payment).
Any new or additional content requests, not provided at the beginning of the project, will be subject to an hourly rate. See “5. Variations” above for more details.
On completion of the Beta Review edits, the client will again be notified and have the opportunity to review the work within 14 days. Additional changes to the project that had not been specified during the initial Beta Review period will be subject to our hourly rate. (See 5. Variations).
Delays in the Beta Review period shall result in the project being put on hold or terminated. (See 6.iv. Project Delays & Client Liability).
- REJECTED WORK
If the client rejects any work within the 14-day Beta Review period, or does 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 14-day Beta Review period, and before the launch of the website onto a live environment, Web 907 will invoice the client for the remaining balance of the project. Web 907 reserves the right to remove any website project from the live environment if final payment is not received with 72-hours of publication.
- COPYRIGHTS & TRADEMARKS
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 the client has paid in full for the website, Web 907 shall grant to the client full ownership rights, as well as any applicable licensing, to use the website and its related software and contents for the life of the website.
- SEARCH ENGINES
Web 907 does not guarantee any specific position in search engine results for your website. SEO is provided at additional costs and not part of a project unless specified in the project contract. Web 907 perform basic search engine optimization (SEO) according to current best practice.
- CONSEQUENTIAL LOSS
Web 907 shall not be liable for any loss or damage which the client may suffer which is in any way attributable to any delay in performance or completion of contracted work, 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 Web 907 provides to to the client are excluded. Without limiting the above, to the extent permitted by law, any liability of Web 907 under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at Web 907’s 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.
Web 907 reserves the right to subcontract any services that have agreed to perform for the client as seen fit.
Web 907 (and any subcontractors) agree that they will not at any time disclose any of your confidential information to any third party.
- ADDITIONAL EXPENSES
The client agrees to reimburse Web 907 for any requested expenses which do not form part of the proposal including but not limited to the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
The client is responsible for maintaining their own backups with respect to their website and Web 907 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 Web 907.
This article is not applicable to clients who have signed up for Web 907’s Managed Hosting. This can be obtained under a service contract with Web 907.
- OWNERSHIP: DOMAIN NAMES, WEB HOSTING & WEBSITE
Domains and Web Hosting: Web 907 will supply to the client account credentials for domain name registration and/or web hosting that Web 907 has purchased on their behalf once all payments and reimbursements for any expenses have been paid.
Website: Upon completion of project and receipt of full payment, the website, its content and all associated plugins and themes will be the property of the client unless otherwise specified in the initial agreement. If for any reason the project is cancelled or cannot be completed ownership of website materials will be at the discretion of Web 907.
- RIGHT OF REFUSAL
Web 907 reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Web 907 has the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect their operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications.
- 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 Alaska, United States. The client and Web 907 submit to the non-exclusive jurisdiction of the courts in and of Alaska in relation to any dispute arising under these terms and conditions or in relation to any services Web 907 performs for the client.
- CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “WordPress”, Web 907 endeavors to ensure that the websites created are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate Web 907 will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
The client is 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 Web 907 and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from the clients use of Internet electronic commerce.
- TERMINATION OF AGREEMENT
Termination for Cause: If either party breaches any provision of this agreement and if such breach is not cured within thirty (30) days after receiving written notice from the other party specifying such breach in reasonable detail, the non-breaching party shall have the right to terminate this agreement by giving written notice thereof to the party in breach, which termination shall go into effect immediately on receipt.
Termination for Convenience: This agreement may be terminated by either party on thirty (30) days advance written notice effective as of the expiration of the notice period. Termination of convenience does not absolve either party from any past or current due billings.
Termination on Insolvency: Either party has the right to terminate this agreement where the other party becomes insolvent, fails to pay its bills when due, makes an assignment for the benefit of creditors, goes out of business, or ceases production. Termination of Agreement based on Insolvency is effective upon notification.