Web Development & Digital Marketing
Terms & Conditions
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
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. We reserve the right not to commence any work until the deposit has been paid in full. All prices listed are in U.S Dollars. 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”.
SUPPLY OF MATERIALS:
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such material 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 completion of work, we reserve the sole 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 stop work and invoice you for any balance on the contract. Content provided must be owned by the client or the client must have permission to use the materials.
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 limited revisions/ variations to the original specification. However, any major changes, revisions, or deviations from the original specification will be charged $55 per hour.
During the project, Sidney Kay Designs require that the client provide website content, text, images, video, or sound files in advance and or in a timely manner. We are a small business, and in order to remain efficient we must receive all content, intake forms, project briefs, design approvals, and feedback in a timely manner. On occasions, we may have to reject offers for other work and inquiries to ensure that the Client’s work is completed at the time arranged. Submit your content, project briefs, service level agreements, project deposit fees on time.
On any occasion where progress cannot be made with your website because we have not been given the required information or access to the required tools, or plugins, we reserve the right to impose a surcharge of up to 25%. If you agree to provide us with the required information and subsequently fail to do within 1 week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.
Please Note: Text content should be delivered as word document, google doc, pages, email ( or similar ) document with the pages supplied representing the content of the relevant pages for your website. The pages of the website content that the client provides should have the same titles as the agreed website pages.
WEB BROWSER TESTING & COMPATIBILITY
Sidney Kay Designs makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Mozilla Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that Sidney kay Designs cannot guarantee correct functionality with all browser software across different operating systems.
Sidney Kay Designs cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Sidney Kay Designs reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
ADDITIONAL WORK & EXPENSES
If the client would like to design mock-ups of their project before the project commences, this service can be provided for an additional cost. Please confirm immediately if any changes need to be made to the project. We will provide a new quote to reflect any changes made to project scope. Any changes made after approval of the quote, including designs and any other material will incur a further charge.
Any additional work required by the Client on a previously completed project will be considered as a separate project and will therefore incur charges of its own. The client agrees to reimburse Sidney Kay Designs for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, plugins, etc.
Sidney Kay Designs cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
ABUSE OF SERVICE We may limit or deny your access to support or terminate services if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or services. We aim to handle support request within 24-48 hours timeframe.
- PROJECT DELAYS AND CLIENT LIABILITY:
Any time frames or estimates that we give are Contingent upon your full cooperation along with complete and final content for the project. If you are unable to provide content and final content for the project, you have the option to expand the scope of your project to include website content creation for an additional fee. During the development, there is a certain amount of feedback required that a single point of contact be appointed and made available on a daily basis in order to expedite the feedback process. We will not be responsible if the web design project remains largely unfinished or is delayed, due to your own inaction, or by not approving design mockups/ requesting design changes on time. After the initial 45 calendar days, if the project is still unfinished, $55/hour would be billed for any further change request.
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.
If you reject any of our work within the 7-day review period and not approve subsequent work performed by us to remedy and 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 complete and take measures to recover payment for the contracted work.
Upon completion of the 7-day review period and before the launch of the website on your domain name. We will invoice you for the 50% balance of the project. We will never automatically charge your card without your approval. We reserve the right to remove any web design project from viewing on the internet until final payment is made. You unconditionally and personally guarantee the payments. In case collection proves necessary, you agree to pay all fees ( including all attorney’s fees and court cost) incurred by that process.
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.
All websites designed by us are search engine friendly. However, we do not guarantee any specific position in search engine results for your website. We perform search engine optimization according to current best practices at an additional cost.
Unless otherwise agreed upon with the client, the timescale for completion of work may vary and can take from 2 weeks to 6 months after approval of design and plan, depending on the scale of the work. Time-frames for the project will be discussed with the client, before the project commences. Sidney Kay Designs will do their best to complete the project as soon as reasonably possible.
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.
Notwithstanding anything to the contrary contained in this contract, neither Sidney Kay Designs nor any of it’s agents, warrant that the functions contained in the web design project will be uninterrupted or error-free. In no event will Sidney Kay Design will be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the hosting service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, or any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor’s computer or Internet software, even if Sidney Kay Designs has been advised of the possibility of such damages.
Sidney Kay Designs hereby excludes itself, and or Agents from all and any liability from:loss or damage caused by any inaccuracy;loss or damage caused by omission;Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.The entire liability of Sidney Kay Designs to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Service under this Agreement in respect of which the breach has arisen.
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.
You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to additional pages, purchase of third party software, stock photographs, fonts, domain name registration, web hosting, SEO or advertising services or any other comparable expenses. These extra add-ons have to be paid immediately upon your request. NO EXCEPTIONS!
Termination of Agreement
This Agreement will automatically terminate when both Parties have performed all their obligation under the Agreement and all payments have been made.
Should there be a desire to terminate the agreement before the completion of the project, the Client will notify us 30 days in advance, and pay for services already completed and for hours already worked.
Limitation of Liability
Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.