Terms & Conditions for Website Design Services Provided
This policy last updated on: 7 April 2010
Brozra Web Solutions LLC, referred to here as "Brozra Web Solutions", will plan, design, code, and publish a web site for clients, hereafter referred to as "Client", to the specifications in the Website Description given in the signed agreement.
2. Hosting & Domains.
This Agreement does not include hosting and domain name registration fees unless explicilty stated.
3. Scope of Work
- Site will consist of only that which is described in the Agreements 'Website Description'. Additional work required by Brozra Web Solutions (such as added pages or features) will result in charges beyond the estimate in this Agreement.
- If pages, graphics, or other features are added, or work beyond the scope of the Agreement is otherwise required by the Client in writing, additional charges may apply. In this case, Client will be provided with a written estimate for the additional work.
- Client acknowledges that scope for this project includes a single home page design layout, and a single inner page design layout used for all inner pages where the header, navigation, and footer elements would be the same on all inner pages unless otherwise stated (to provide a consistent look and user interface).
- The process for the creation of visuals, such as graphics and page designs, consists of Brozra Web Solutions providing mockups and asking for feedback from the Client; the feedback is then used to produce another draft. We estimate only 3 rounds of revisions should be necessary per layout. Excessive revisions will incur additional cost.
- When all mockups submitted to the Client have been reviewed and approved by the Client, we have a significant project milestone called 'Design Signoff'. At this stage all design work is frozen, and the approved mockups are handed over to the developers to have the webpages created. When the web pages have been coded only the content areas on the web pages will be able to change (areas on each page where the Client will supply final text and imagery). Any design changes requested to the mockups after Design Signoff has been granted by Client will be charged at $35/hour."
- Brozra Web Solutions assumes that Client will provide input and approvals on content and design mockups within 3 business days of receiving materials to review. Client acknowledges that if this timeframe is exceeded, the schedule will be adjusted accordingly.
- Client acknowledges that changes to the described scope of work for this project will result in additional charges and may affect the development schedule.
4. Site Content
- Client will provide all logo artwork, photography, sample content and other requested collateral in electronic format. Acceptable formats for content and images include, but are not limited to: Microsoft Word, Adobe Acrobat PDF, .gif, .jpg, .tiff, .psd, .eps, and .ai. All text and images provided will be e-mailed to Brozra Web Solutions in good condition and in a quality appropriate for the Internet.
- Any content or other information submitted to Brozra Web Solutions is considered final information and any modifications made to that information are billable at $35/hour. If additional copywriting and/or editing is required, this service will be provided to Client on an hourly basis.
- Client is solely responsible for the editorial content of the material included on its website and is responsible to populate the text, photos, etc. into the Content Management System (CMS) – if provided. Brozra Web Solutions will populate enough items in the system to test functionality.
- Any typing of text or scanning of images will be billable at $25/hour to the Client.
5. Delivery & Testing
- All programming will meet the standards of the current versions of Internet Explorer, FireFox, Opera, Safari, and Google Chrome. Backwards compatibility will be considered on a case-by-case basis and only if requested by the client.
- The website, once coding is complete, will be made available to the Client on Brozra Web Solutions’s internal servers for ‘User Acceptance Testing’ (UAT) for a period of 30 days in which all feedback, bugs and fixes must be reported to Brozra Web Solutions to be fixed. At the end of this period the website must be put live. The Client can request Brozra Web Solutions to put the website live before the end of this period if desired.
6. Payment Schedule and Billing
- If Client fails to pay any amounts within this agreement, Client shall be liable for all legal fees and court costs incurred by both parties to satisfy said payment(s).
- Any payments made by credit card may be subject to a service fee of 3.1 %.
- A late charge penalty of 1.5% of the unpaid balance may be assessed if payments are not received by their due date.
7. Warranty Period.
- Any errors made by Brozra Web Solutions reported within the UAT period prior to going live will be fixed free of charge.
- Any bugs or errors reported within 15 days after the website goes live on the Internet will be fixed without any fee.
- Any bugs or errors reported after after the website has been live on the Internet for 15 days (or more) will be billed on an hourly basis at $35/hour.
Unless otherwise specified, all fees and related charges shall be due and payable within seven (7) days after the date of the invoice. If any invoice is not paid within seven days the account will be suspended.
There is a $50 fee for any illegitimate chargebacks placed against us. Any illegitimate chargebacks or threatened illegitimate chargebacks are grounds for immediate account cancellation.
If Brozra Web Solutions LLC collects any payment due at law or through an attorney at law or under advice there from or through a collection agency, or if Brozra Web Solutions LLC prevails in any action to which the Customer and Brozra Web Solutions LLC are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Brozra Web Solutions LLC's reasonable attorneys' fees.
If any check is returned for insufficient funds Brozra Web Solutions LLC will impose a processing charge of $25.00.
In the event that any amount due Brozra Web Solutions LLC remains unpaid thirty (30) days after such payment is due the unpaid services will be terminated.
To cancel your account you must fill out our online cancellation form. Any attempts to cancel by telephone, email, live chat, or our ticket system will be rejected and billing will continue until the online cancellation form is filled out.
8. Termination & Cancellation
- Client acknowledges that Brozra Web Solutions may terminate this agreement, and retain Client's non-refundable deposit if Client fails to provide all materials required for the completion of the web site within 30 days of the contract date.
- Should Client fail to initiate the creation process by not responding to requests for information, or for the completion of the Client Survey document within thirty (30) days, Client’s account will be considered inactive and the Project will terminate. No refunds or credits will be given.
- If Client cancels the project prior to commencement of design phase: 50% of “total fees,” defined as the Project Total Cost. If Client cancels the project after design work has begun but prior to completion of finished work: 90% of Project Total Cost. If Client cancels the project after website has been coded and released for User Acceptance Testing (UAT): 100% of Project Total Cost.
9. Mutual Performance Obligations
- Client and Brozra Web Solutions hereby acknowledge and agree that completion of the project described in this Agreement requires the mutual cooperation, assistance and participation of both Client and Brozra Web Solutions, including without limitation with respect to Marketing Collateral Delivery, Content Delivery, Timely approval of development milestones including UAT feedback and final "Go Live" approval and sign-off. Client and Brozra Web Solutions agree to work together in a commercially reasonable manner to complete the project described herein, and shall not engage in any activity or course of conduct to hinder or prevent in whole or in part the other party's ability to perform its obligations hereunder.
- Brozra Web Solutions strives towards creating a website that meets Client’s expectations. However, Brozra Web Solutions does not guarantee that expectations will be met if requests are unreasonable or unable to be completed within the described scope of the Project. Every step of the Project requires Client’s feedback. Failure to provide timely and reasonable feedback may delay or frustrate completion of the Project and compromise the timeline. Brozra Web Solutions is not responsible for additional fees, time, or expenses incurred because of delays caused by lack of reasonable feedback by the Client.
- Should Client fail to respond to requests for feedback for a period of 14 days during either the design or development phases, the project will be automatically archived and resources assigned to Clients project will be reassigned elsewhere. Any payments made on the project to date will be non-refundable and forfeit. A $500 reactivation fee will need to be paid in order to have resources reassigned again to the project and the project un-archived.
- Web site design and files created by Brozra Web Solutions are the property of Brozra Web Solutions; upon full payment, web site design and files become the property of the Client.
- Assuming Client is pleased with Brozra Web Solutions’s services, Client agrees to serve as a reference for Brozra Web Solutions, and to allow testimonial quotes to be used by Brozra Web Solutions.
- Brozra Web Solutions shall be entitled to place an unobtrusive credit with a hypertext link ("Website Design by Brozra Web Solutions") in the footer on each page of the web site.
- Client represents that any elements of text, keywords, keyword phrases, graphics, photos, designs, trademarks, or other artwork provided to Brozra Web Solutions for inclusion on the website above are owned by Client or are part of the public domain, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Brozra Web Solutions from any liability or suit arising from the use of such elements.
- Client acknowledges that some elements of this project may include integrating some 3rd party solutions.
- Brozra Web Solutions is not responsible for changes made to the Web site by other parties that adversely affect the search engine rankings of Client’s website.
- Client acknowledges that Brozra Web Solutions has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. Client’s site may be excluded from any directory at any time at the sole discretion of the search engine or directory.
- Site to be developed using the LAMP Platform (Linux, Apache, MySQL, PHP) unless otherwise noted.