The following terms and conditions are applicable for web design services provided by Soft Sand Web Design. Other terms and conditions may apply and will be specified in detail with your design quote.
1. Authorization. When you engage Soft Sand Web Design for the specific purpose of developing and/or improving a website, you authorize us to access your hosting account, and authorize your web hosting service to provide us with "write permission" for the your web pages, cgi-bin directories and any other directories or programs which need to be accessed for this project including mysql databases. You also authorize us to publicize the completed web site to search engines and other web directories and indexes.
2. Web Hosting. You must understand that any web hosting requires a separate contract with the hosting provider. You agree to select a web hosting service which allows us full access to the website and a cgi-bin directory via FTP and telnet. You further understand that if the web hosting service's operating system is not a Linux/Unix system, or there are limitations in place that will not allow some standard software to work, providing a substitute may incur additional charges.
3. Content. You are responsible for writing and providing the content for your web site unless otherwise specified or agreed upon.
4. Harmful Content. We will not design or maintain any site that: promotes racism, bigotry, hatred, violence or discrimination; discriminates against any person or class of persons; victimizes any person or entity by any means of harassment; violates any federal, state or local laws or promotes the violation of any law.
5. Software. In an effort to save our clients money, we usually recommend using open source software so the client will not be required to pay licensing fees for the use of the program. If you opt to use a licensed software program that requires licensing fees, you are solely responsible for the payment of these fees. Software programs have standard functionality and are customized by us during the design process to meet your needs as best possible. Any additional functionality beyond the standard parameters built into the software is dependent upon the availability of add-on modules. Modifying any software program or installing additional modules beyond that specified in the design estimate or after the site is completed will be billed at our normal hourly rate.
6. Maintenance and Updates. Updates to content in your website are included for six (6) months at no additional cost. This includes changes to content (text), which must be provided in electronic format. It does not include changes to the site design or installing additional pages. Maintenance after the six month period for changes to the site will be billed at our normal hourly rate.
7. Modifications to Your Site. If you make any changes to your website yourself or use a third party to make changes to your website, we will not be responsible for the look or functionality of your site. Corrections to your website after changes have been made by you or a third party will be billed at our normal hourly rate.
8. Technical Support. From time to time technical issues may arise where your website might not function as designed or intended. We will correct any technical issues in the functionality of your website and any software installed at no cost. Correcting any technical issues that might be caused from the provider of a hosting account other than hosting provided by Soft Sand Web Design will be billed at our normal hourly rate.
9. Completion. In the quote provided for your project we provide the estimate time it will take to be completed. This time frame may be longer if you fail to provide content in a timely fashion.
10. Initial Design Payment. An initial deposit (50% of the estimated total cost) is due upon execution of an agreement which is nonrefundable. Final payment is due on completion or upon such other terms as may be agreed upon.
11. Payment of Design Fees. Fees are due and payable as detailed in the project estimate. Payments can be made online. In the event the client has not secured web space on a web hosting service by the time the web pages are completed, the web pages may be delivered to the client on CD or attached to an e-mail message. If the website is not completed within the time frame specified because you have failed to provide content as required, final payment will be due at the expiration of the time frame provided. Advertising the pages to web search engines occurs only after the final payment is made. All payments will be made in US funds by approved electronic transaction unless otherwise agreed upon.
12. Late Payments on Design Fees. In order for us to remain in business, payments for design fees must be made promptly and are due on completion of the work or as otherwise agreed upon or stated above. Delinquent bills may be assessed a 10% surcharge if payment is not received within 5 days of the due date and an additional 10% penalty may be added for every 15 days of delinquency. We reserve the right to remove web pages from viewing on the Internet until final payment is made in full. In case collection proves necessary, you agree to pay all fees incurred by that process.
13. Late Payments on Payment Plans. If a payment on a payment plan is not received within the 5 days of the due date your website will be suspended and will be restored once the payment is made, including a 10% surcharge. If the payment on a payment plan is outstanding for more than 10 days, a $50 reactivation fee will also apply. If the payment on a payment plan is outstanding for more than 30 days, a $100 reactivation fee will apply and you must pay the full amount owed for the website to be reactivated.
14. Hourly Rates. Our normal hourly rate is $30.00 per hour. There is a fifteen (15) minute minimum for any updates or modifications to your site that are not included in the six month maintenance period or for any telephone consultation specified above.
15. Assignment of Project. While we prefer and try to perform all work in-house, we do reserve the right to assign subcontractors to your project to ensure proper function and on-time completion.
16. Copyrights and Trademarks. You represent to us and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to us for inclusion in your web pages are owned by the you, or that the you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend us and our subcontractors from any claim or suit arising from the use of such elements furnished by the you.
17. Indemnification. Client shall indemnify, defend and hold harmless the Developer from and against (a) all liability to others and all claims, causes of action and suits of others, including without limitation employees, subcontractors or agents of the Developer, arising out of the Content or out of or from the use by Client of the Internet Site, or the exercise by Client of any rights granted to it under this Agreement, and (b) reasonable cost and expense (including, without limitation, reasonable attorneys' fees) arising from or relating to the foregoing. Client shall be notified promptly of any such claims in writing and, if requested to defend said action, given full and complete authority, information and assistance for the defense of same, provided, however, Client shall have no authority to enter into any settlement on behalf of the Developer without the prior written consent of the Developer. In all events, the Developer shall have the right to participate in the defense of any proceedings with counsel of its own choosing.
18. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. You agree that you are solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend us and our subcontractors from any claim, suit, penalty, tax, or tariff arising from the your exercise of Internet electronic commerce.
The following terms and conditions are applicable for hosting services provided by Soft Sand Wed Design. Other terms and conditions may apply and are specified in the provider links below.
19. Hosting Terms. All websites hosted through Soft Sand Web Design are hosted with HostGator. Additional terms of service for hosting accounts from HostGator apply to all hosting accounts provided by us and can be found at www.hostgator.com/tos.
20. Payment of Hosting Fees. Fees for renewal of hosting are due and payable on the first day of the month in which they are set to expire.
21. Late Payments on Hosting Accounts. If a payment for renewal on a hosting account is not received within the 5 days of the due date your website will be suspended and will be restored only once the payment for the amount due is made in full. If the payment is outstanding for more than 10 days, a $50 reactivation fee will apply. If the payment is outstanding for more than 30 days, a $100 reactivation fee will apply.
22. Payment by Check. We typically accept payment via credit card but will however, accept payment by check only if agreed to beforehand. Because of increased and unfair bank fees and policies by some banks we no longer will accept any checks from Bank of America, CitiBank, Wachovia, Washington Mutual, Wells Fargo Bank, National City Bank, or Chase Bank. Additionally, because of extended check clearance periods, we no longer will accept any check drawn by a third party provider, as is the case with online check payment services provided through most banks. Checks must be made directly upon the bank and account to which the funds are drawn.
23. Governing Law. These terms of service shall be governed exclusively by the laws of the State of North Carolina, USA, without regard to any conflicts of law provisions thereof, as a contract entered into and performed entirely within the State of North Carolina. The parties hereby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the state or federal courts located in the State of North Carolina, County of Onlow, and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non conveniens or otherwise. Should there be a breach of this provision, the non-breaching party shall be entitled to an award of attorney fees.
These terms may be changed without notice. Last updated 1/1/16