Between VIAtheWEBS and You, and regarding your VIAtheWEBS plan
We’ll 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 agreement you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing to something that you might later regret. What we do want is what’s best for both parties, now and in the future. So in short; You are hiring VIAtheWEBS to: Design and manage a website. Of course it’s a little more complicated, but we’ll get to that.
WHAT DO BOTH PARTIES AGREE TO?
You: You have the authority to enter into this agreement on behalf of yourself, your company or your organization. You’ll give us the assets and information we need to complete the project. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways. 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’ll aim to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
We create designs that adapt to the capabilities of many devices and screen sizes. We create them iteratively, please view our examples. We may use visuals to indicate a creative direction (color, texture and typography). You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder, Github repository, or development site with you and we’ll have regular contact by either phone or email. If at any stage you change your mind about what you want delivered or aren’t happy with the direction our work is taking, you may terminate this agreement only paying what’s been paid to date of notice. Conversely, if we fill we are not the best fit for your needs, we are free to terminate this agreement as well.
Text content: You are the expert in your industry and as such, can best relay proper verbiage and the message you want to deliver. We will proofread and have a copy editor review for spelling and grammar but do expect your involvement in text content creation. Graphics and photographs: Any graphics or photos supplied should be in an high-resolution digital format that you have the legal right to use. We can provide both additional cost and no cost stock photos to supplement yours.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device. We test our work in current versions of desktop browsers including Apple-Safari, Windows-Chrome, Windows-Edge, Windows-Firefox, Linux-Chrome, and Linux Firefox. Mobile browser testing for smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in iOS-Safari and Android-Chrome on manufacturer supported devices.
eCommerce is available at no cost by adding a link to your website that allows the visitor to jump over to your store. If 3rd party embed code is available, we can add it to the website provided it’s compatibility. This could be an eBay Page, Amazon Store, or even one we’ve used, Ecwid. Please contact us if you need fully integrated eCommerace as this is quoted on a case-by-case basis due to complexity variations.
You will receive full blog post design services. Just send us the content and we’ll put it all together. We can find pictures if needed. Blogs are great for SEO and writing messages to be shared on social media. This could be a daily/weekly special or to promote a new product as well. Externally hosted blogs can be linked or embedded as well.
We will add widgets, plugins, or code snippets as they are often called, created to embed a service from another website within yours, provided it’s compatibility and our assessment of it’s security . In the end, we anticipate no issues but know that we do not control the code provided.
We don’t want to limit your ability to change your mind or adapt to your customers needs. There is no limit on the amount of in-design changes that can be made but complexity and volume can come into play with the time it takes to complete. We ask that you give us as much time as possible and we commit to doing everything possible to ensuring it is completed in a timely manner. We have no problem with scheduling a change in advance so all we need to do is activate the change on that day.
Website hosting (displaying your website on the internet) and security updates are included with your monthly plan. We will ensure any down-time is minimal and within the industry standard of 99.99% up-time. You website will be hosted on a server capable of rendering your page in a manner that provides a positive customer experience. We can not be held liable for slow connection speeds such as 3G cellular network or include those occasional nationwide network outages where none is unimpacted.
There is no charge to assist in pointing your existing website domain (the WWW part) to us to serve the web pages. If you do not have a domain, we can purchase an available one for you. This will have an annual fee associated with it by the website register. An available .com would be around $15.00/year and other extensions are available.
We provide promotional email “boxes” for you to take advantage of. If you are using a mail service such as GoDaddy, Office 360 or other service that controls your email routing, this would be a replacement. For that reason, this service is optional, but included. Email is collected through a catch-all forwarded so any email address for your domain will forward to designated external mail account. As example; firstname.lastname@example.org, email@example.com, firstname.lastname@example.org all forward to a Gmail account and from there, can see through which channel we were contacted.
We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to, and optimized for, search engines. Websites do include the required design code for a search engine crawlers to know who you are, your keywords, and other information about your website. We will submit your website to Google, Bing and Yahoo and provide them a website map to assist their bots in traversing the pages and making sure they are all scanned. We will monitor the results with Google Analytics, review those results, and adjust accordingly.
Visitors, new visitors and how long they stayed on your website. What day did they visit, were they on their phone or a desktop computer. What State and how did they arrive at your page. Did they search for you, come from your Facebook or go strait to your page. All important information that allows you to make decisions about your next move. Reporting will be provided on data collected through Google Analytics. Not all data sets are available from all visitors so reporting content may vary. As well, certain laws regarding data collection (GDPR) may limit availability. Personal data like age and gender is provided in anonymous collection and dependent on traffic, low traffic website may not have the ability to acquire these specifics. Reporting will be provided at your plan intervals.
SEO includes a Page Title, Description, Keywords, H Tags, OG Tags, OG Picture, SSL, Blog Pages, optimized Image Files, alt tags and more. With the heavy penalizing in search ranking results, SSL is a must for SEO and visitor peace of mind, and always included.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will 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, even if you’ve advised us of them. Your liability to us will also be limited to the amount of fees payable under this agreement and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
You guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property. We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.
Provided you’ve paid for the work and that this agreement hasn’t been terminated, we’ll assign all intellectual property rights to you as follows: You own the visual elements that we create for you. We’ll give you files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them. We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete website and we provide its use to you, and in perpetuity for this project only, unless we agree otherwise.
DISPLAYING OUR WORK
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on our websites. We do add a ‘made-by’ at the bottom of your website for webmaster point of contact reasons. This is not required and can be removed but you agree to forward webmaster inquiries to us when received.
We’re 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 payment schedule. We issue invoices electronically on the day anniversary your website become publicly available. Launch days of the 29th will be assigned to the 28th cycle with 30th and 31st days being assigned to the 1st. Our payment terms are 20 days from the date of invoice by PayPal. All proposals are quoted in USD and payments will be made at the equivalent conversion rate at the date the transfer is made. You agree to pay all charges associated with international transfers of funds. At 30 days past due your website will cease to function and no email will be forwarded if you have a domain specific email account. At 90 days past due your files will be removed from the servers and you will be subject to a once per deletion recovery fee of $30.00 plus any past due amounts before reactivation of services. If your domain was purchased with our assistance, we will not renew it and you may not get it back. We reserve the right to charge interest on all overdue debts at the rate of up to 5% per month.
A one time set up fee is due prior to any work being performed unless otherwise agreed upon (zero down plan). This ensures a low monthly cost and no management contracts. In rearguards to our no money down payment options; If services are terminated by you prior to the agreed upon payment schedule, the remainder of the setup fee will be due with the next billing cycle.
Just like a parking ticket, neither of us can transfer this agreement to anyone else without the other’s permission. We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this agreement and not cause the other to breach any relevant laws or regulations. This agreement stays in place and need not be renewed. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this agreement is a legal document.
THE DOTTED LINE
Signed by you and on behalf of your company. Signed by us and on behalf of VIAtheWEBS. Again, we have no desire to trick you into signing something that you might later regret or do not fully understand. Please return Home and contact us with any questions you may have before proceeding. You will receive and electronic copy of this agreement at the email provided below. This email address will also be used as a point of contact for any updates.
Last Edited on 2019-01-29
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