We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into agreeing to something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
You, are hiring AddWire Business Solutions located at 4785 Prince Charles Way, Hilliard, Ohio 43026 to design and develop a web site for the estimated total price of $3999.99 outlined in our payment terms you’ve selected.
What do both parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of yourself or your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us. We will communicate via. the ticket system in AddWire’s client area to ensure proper communications between both parties.
Details of the works
We will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the rate set of $50.00 dollars an hour or $200.00 a day.
HTML/CSS layout templates
If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid HTML5 markup and CSS3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Google, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 7 for Windows as this browser is now past its sell-by date.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you an additional rate of $50.00 per hour on top of what was set out in our original estimate for any necessary additional code and its testing.
We are not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at $50.00 per hour, including a free initial consultation, for copywriting or content input.
If needed, you will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for or taking appropriate photographs will be charged at $50.00 per hour, after a free initial consultation to determine if this is the best route to take.
Changes and revisions
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices at the beginning of this agreement are based on the number of days that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged the daily rate set at $200.00. Along the way we might ask you to put requests in writing via. our ticket system in your client area so we can keep track of changes.
We will not charge you a one-time fee for installing your site on this server, however we will charge a one-time fee for any statistics software such as Google Analytics. Furthermore the updates to, and management of your server, plus any support issues will be up to you to submit a support ticket.
We are a web site hosting company and so we do offer and include technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, we’ll be happy to help, all you have to do is submit a support ticket.
We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by you, or that you have permission to use them.
- When we receive your final payment, copyright is automatically assigned as follows:
- You own the graphics and other visual elements that we create for you for this project.
- We will give you a copy of all files and you should store them safely as we are not required to keep them or provide any native source files that we used in making them.
- You also own text content, photographs and other data you provided, unless someone else owns them.
- We own the XHTML markup, CSS and other code and we license it to you for use on only this project.
- We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
- Before the last payment has been received, you agree that AddWire owns all work including but not limited to, graphics, texts, designs, domain names, and intellectual property which includes but not limited to data files, algorithms, software program, schematics, coding sheets, techniques, specifications, technical information, know-how, and passwords.
- You agree that you will not transfer your website to another host while under contract.
Term and Payments
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule, which will be as follows, but may be revised based on further conversations between us inside of our support ticket system.
The original estimate of your website design is $3999.99. If choosing to pay in full the following payment schedule is as follows:
- 25% downpayment is required to begin the project
- Once the layout and design has been approved another 50% is required to begin content writing
- Once the website is finished the remaining 25% is required immediately.
Depending on what Payment Schedule you purchased, you will be billed monthly. As for paying monthly the finance fee is 10% of the total cost across the board no matter the longevity of your payment schedule. For Example if you selected to pay $59.95 a month, there is a $399.99 Finance fee added and will make the total cost $4399.98 and that will never change.
This is extremely beneficial for you because most credit companies charge upwards to 24% for being on a monthly payment plan, so we make this very simple and add $399.99 per year of any payment plan. After your website is paid in full, you will continue to pay the agreed amount until you cancel and want to move your website off of our servers, and discontinue using Addwire for your business website needs.
If your payment is late there will be a charge of 10% or a $5.00 late fee whichever is greater. If you have not paid your obligation for a period of 15 days, and your account is in default, you agree that AddWire has the right to terminate your account, take possession of your website, and take any and all material including but not limited to domain names, company name, logos, data files, websites, licenses, email accounts and take immediate domain over said items and you will still be responsible to repay the balance of your contractual agreement as described in the section “Acceleration”. You have the option to resume your services for as long as you’re current with your obligations, and a business website plan is active on your account.
If you fail to pay any installment of payments when same becomes due and payable, the entire contract amount shall be at once become due and payable without any demand after thirty (30) days therefore; the notice and demand being hereby expressly waived by client or if the client shall fail to perform any of the terms, arrangements, and covenants herein specified to be performed by the client: it shall be lawful for Addwire to take immediate domain, possess the services and licenses Addwire has obtained or performed; and therefore this contract and everything herein contained in Addwires behalf to be performed shall cease, terminate and be void. If the account is not settled, or brought up to current status within 30 days, Addwire reserves the right to sell the aforementioned property or terminate the account (delete the website) if we choose to.
If you are on a payment schedule, you are required to keep your website content, and domain names on our servers for the payment period designated in your agreement.
After your website has been paid in full; you have the option to keep your website on our servers for a fee of $59.99 a month which will bundle together the cost of renewing your domain name, website security certificates, databases, server space, bandwidth rental and monthly content updates; or have the option to transfer your entire website to a new host. Addwire will not be responsible to pay the hosting companys fee’s to transfer your website, databases, security certificates, and domain name, which vary in price as Addwire has no control over their pricing structure.
Special Promo Design
If you are a part of a special design promotion you are required to have your website including domain name transferred to Addwire’s servers and the monthly fee of the above aforementioned Website Hosting plan is required. You will have the option to transfer website hosts if you decide to buy-out the design website for the estimated asking price of $3999.99 in full.
Both parties agree not to disclose to anyone else besides you and Addwire Business Solutions without permission from both parites in writing via Addwire support ticket system, any of the following including but not limited to Algorithms, Design strategies, SEO strategies, Software Names, Web Language used, trade secrets, inventions, ideas, website training, and inside resources to help complete any task; at any time before or after this contract has been fulfilled.
Footer Addwire Link
Addwire reserves the right to place a link on your footer that your website was designed by us. The usual method is placing a link at the bottom of your pages inside the footer area a simple text “WEBSITE DESIGN BY ADDWIRE BUSINESS SOLUTIONS”. This shall remain in the effect before, during, and after the contract has been fulfilled.
Addwire makes no guarantee only that your website shall be designed, SEO optimized and mobile friendly. Addwire does not guarantee that your sales will increase by a certain percentage, or traffic be increased by any amount, even though statistics say otherwise. You understand that in order for these sales and traffic opportunities to happen that you would need to update your content on a regular basis, depending on your industry, that may be daily, weekly, or monthly. Addwire offers plans to offer you these services for a monthly fee.
But where is all the horrible small print?
Just like a parking ticket, you cannot 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 under United States FTC Laws. And for any reason all legal matters will be settled in the courts in the state of Ohio, and you will be responsible to pay for any legal fee’s, court costs, and expenses from doing so.
By purchasing this service, you agree that you have read and understand everything fully in this contract.