These terms and conditions apply between Daza Design, and the person or business receiving website development services referred to as “Client”.
Client is contracting Daza Design as a provider of website development services. Services not considered ‘standard website development services’ are subject to be charged at a regular hourly rate and will not be considered part of this contract. Any additional work that is not included in this agreement will be charged per hour.
Payment: Payment methods accepted will be via credit card, business or personal checks, and direct bank deposit.
Hourly Pay Basis: Design and consulting services will be made available by Daza Design. Additional services will be available at the standard hourly rate and will be billed separately.
Website Development Payment Obligations: A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee, unless an alternative contract or proposal specifies a different amount. The project can be scheduled once the down payment is received by Daza Design. The down payment is non-refundable.
Final Payment: The outstanding balance on your website is due after the final revision has been completed; and the design, navigation and pages have been approved and built. Outstanding balances will be net 10. Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that Daza Design gets paid for performing their duty under the proposal, despite tardy content from the client. Your website will not be published or go live until the outstanding balance has been paid. After payment, Daza Design will still post outstanding content at no charge for 3 weeks.
In the event an “under construction” page is posted due to missing content, Daza Design will post one copy of any text and pictures on existing pages only, for up to 3 weeks after publish date. After the 3 weeks have expired, content posted to site will be billable at our current regular hourly rate of $90. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will also be billable at our current regular hourly rate of $90.
Late Payments: Outstanding balances not received by due date will result in work cessation. Daza Design reserves the right to refuse completion or delivery of work until past due balances are paid. Monthly late charges of $90 will be assessed on unpaid balances every 30 (thirty) days.
Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. Daza Design my elect at its sole discretion to offer a partial refund depending upon the circumstances.
If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project can be cancelled, in writing by Daza Design, and ownership of all copyrights shall be retained by Daza Design. A cancellation fee for work completed shall be paid by the client, with the fee based on 50% of the remaining balance. If, after the project has been completed and outstanding balances are not paid within 30 days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 30 day period until the full amount has been received by Daza Design.
Stock Photography Payment Obligations: Stock photography includes most photos and/or images not provided by the client. Depending on your plan, our website development process includes a number of stock photographs for your website free of charge. Additional stock photography purchased on behalf of client for use in website development is billable at a minimum of $15 per picture. This includes the purchase price of the photograph as well as our handling fee. The amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $15, in which case we will solicit client approval and communicate the price before purchasing.
Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable. Domain name registration is not included our website development service and requires a separate agreement.
Hosting: This cost recurs annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly prefer that you do. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. If you want to host your site on another server this must be disclosed before we begin programming. Hosting is not included our website development service and requires a separate agreement. Websites developed but not hosted by Daza Design will not be the responsibility and liability of Daza Design.
Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Daza Design fifteen (15) days before the renewal date that you do not wish to renew the account.
Hosting Cancellation Payment Obligations: You may cancel at anytime. If you cancel after the first 30 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. Daza Design will refund the prepaid fees for basic hosting for the full months remaining after effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $25. Accounts that are terminated by Daza Design for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 10 business days from your cancellation date.
Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider Daza Design can, upon request, download your site onto a CD and mail it to you. This service will be subject to a handling fee. FTP access to your site is not available for transfer purposes.
Sites NOT Hosted by Daza Design: Should client decide to host their site on another server, Daza Design cannot guarantee the all elements of the site will work. Daza Design will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Daza Design believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
Website Maintenance: There are no required maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System, or installing a blog. For work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs.
Website Development Process and Inclusions:
- Website Design: Once the site design is approved by the client, usually via email consent, the design is considered ready for publishing. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.
- Content: Provision of content is customer’s responsibility, unless specifically negotiated ahead of time as part of the project proposal.
- Text content: Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. Should client wish Daza Design to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via Daza Design interviewing the client about the topic areas to be addressed on their web pages. Daza Design then composes appropriate copy and implements it directly to the website. During each round of revision, the client is expected to review copy for editing or approval. No such feedback from client regarding existing copy will be understood as approved and will remain on the website.
- Graphical content: Images outside of the website design must be provided in digital form or in a form that can be easily scanned, unless otherwise provided for in customer’s contract. Subsequent revisions will be billable at our regular hourly rate.
- Database Implementation: Entry of data for database applications is considered client’s responsibility. Entry of data by Daza Design is billable, unless otherwise provided for in customer’s contract.
- Web Page Designs: The number of pages designed and developed will depend on the plan the client has chosen.
- Design Revisions: Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.
- Content Management System (CMS): The website will be built on a WordPress CMS. This allows for faster and more efficient turnover, while allowing for quicker support and updates. Daza Design reserves the right to use the framework of our choice.
- Consultation and Assessment: A free consultation and assessment of your website needs and profile will be provided at the beginning of the project.
- Theme and Branding Considerations: Daza Design will implement the proper aesthetic that fits the client’s brand. This will be based on the consultation and assessment priorly approved by the client. Further revisions will take place to improve any aesthetics the client would like modified.
- Site Architecture, Layout and Navigation: Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.
- Usability and Visitor Impact: With our expertise in UX design, we will implement a design that allows for a more effective and easier user experience.
- Open Architecture for future expansion: Daza Design will build a website that allows for future updating and additions to the design if need be.
- Contact Form: A contact form will be included in the design allowing users to contact our clients directly.
- Email: We offer free domain-based email accounts to our clients as part of any hosting contract. If site is not hosted by Daza Design, we take no responsibility for setting up and troubleshooting email problems.
- Social Media Widgets: Facebook, Twitter, and other social media platforms will be integrated into the website via corresponding icons.
- Social Media Setup: Daza Design will setup Facebook, Twitter, and google+ social media platforms with consistent brand images and graphics to work consistently with the client’s website according to the plan the client has chosen. One round of revisions will be allowed for the banner designs. Additional revisions will be charged our standard hourly rate. These platforms cannot be replaced by another social media platform.
- Stock Photography: Depending on your plan, our website development process includes a number of stock photographs for your website free of charge.
- Custom Icons: Daza Design will provide icon designs that work well with the overall theme of the website free of charge.
- Smartphone and Tablet Compatible: The website will be designed to be viewable via smartphones and tablets.
What is not included in this agreement (not limited to the following):
- Additional revisions: Revisions equalling more than the allocated number of rounds.
- Illustration: Such as a drawing, sketching, painting, etc.
- Copywriting: Textual/verbiage content creation. Daza Design may provide copywriting services but this will need a separate agreement.
- Web-host Liaising: Facilitating and corresponding with web-host providers.
Training and Tutorials: Because customer service is in integral part of our business strategy, optional training sessions are available for all our projects in order for our clients to better make use of their new web technology. Training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.
Technical Support: We offer local and long-distance phone support to our clients via our website maintenance plans. If Daza Design is not the source of the problem, technical support may be billable.
Materials & Information: Client will provide all copy, outlines, photos, project images, etc., necessary for website development. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for Service Provider to perform or complete the agreed services or project.
Third party contracts: Daza Design may contract with other creative professionals to provide services such as but not limited to copywriting, graphic design, photography, and illustration. Any third party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalized prior to project completion, unless requested by the client at a later date.
Third party Software: In some cases, Daza Design will install software for the client’s use that has been built by a third party. Examples include WordPress blog software, FCK editor software, shopping carts, photo galleries, etc. In these instances, clients will be subject to the terms and conditions of the third party who owns the software, and may use the software as a licensee only. No ownership rights of any kind are transferred to the client.
Domain Transfers and DNS Management: For domains not originally registered with Daza Design, there will be a $25 fee to either transfer to the domain into our registration platform, or to transfer-out to another registrar. If your domain is not registered with Daza Design, DNS management and troubleshooting tasks are billable at our hourly rate.
Websites with Proprietary Source Code: Should client contract with Daza Design to write custom code for a website application, this code is not transferable to a new developer or host. Custom written source code is considered the property of Daza Design and cannot be shared with other developers. Clients are granted a license to use custom software code while on Daza Design servers only. Daza Design retains ownership of the code.
Proprietary Source Code: Access to or transfer of proprietary source code could result in a security risk to Daza Design and its clients who are running similar pieces of code. In order to provide custom software development services, clients give us access to private and/or sensitive information, trade secrets, proprietary pricing and business methods. If clients believed that we may be sharing this information with outside developers, they could lose faith that we are protecting their proprietary information. Therefore, neither access nor transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted. Should client want us to build software to run on another server, it must be disclosed upfront and specifically contracted for.
Non-Domain-Based Troubleshooting: We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email accounts (email@example.com, firstname.lastname@example.org, etc), your home or office internet connections, or any other non-domain-based issues outside Daza Design’s realm of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.
Expenses: Expenses incurred on behalf of Client are not included in any fees and will be billed to Client. Reimbursable expenses may include, but are not limited to, office supplies (e.g., file folders, envelopes, CDs, labels, etc.), mileage, long-distance telephone charges, payments made to vendors, and shipping and handling costs. Long-distance telephone calls will be billed at a rate of $0.25 per minute. On-site visits will be billed for meeting time, roundtrip travel and mileage. Payment is due upon receipt.
Rights: All services provided by Daza Design shall be for the exclusive use of the client other than for Daza Design’s promotional use.
Projects Completion: Daza Design will respond to service requests with an estimated time of completion and work hours. Client will provide sufficient notice and allow for reasonable timeframes for project completions. Each new or special project requires a minimum three (3) days lead time. Rush projects of 24 hours or less and projects requiring weekend or holiday work will be subject to rush fees of $120 per hour. Fees will be billed in 10 minute increments with a 10 minute minimum. Service Provider reserves the right to refuse any project or service request.
Ownership: The client shall be entitled to full ownership of all final artwork and copy for the specified and agreed usage created during the project upon full payment of the agreed fee. Client will not own any rejected designs, artwork or copy previously created prior to the final publishing. Client cannot reproduce, redesign, redistribute final artwork for other usage, but may reproduce and redistribute textual content. For example, artwork designed for a homepage banner can only be used as a graphic banner for that specific page, and cannot be used for other collateral or materials, such as and not limited to stickers, corporate logo, stationary kits, banners, packaging, advertising and apparel. Consent from Daza Design for other usage and applications is required and may result in additional fees and charges.
Samples: The client shall provide Daza Design with samples of the project that result from the project deliverables. Such samples shall be representative of the highest quality of work produced. Daza Design may use such copies and samples for publication, exhibition, or other promotional purposes. Daza Design shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition, or other promotional purposes.
Confidentiality: The client shall inform Daza Design in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
Indemnification/Release of Liability: Client shall indemnify, defend and save Service Provider harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Service Provider’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys’ fees, costs and expenses incurred should Service Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Service Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify Service Provider is not limited to any acts or omissions, statements or representations made by Service Provider in the performance and/or nonperformance of Service Provider’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Service Provider. All reasonable precautions will be taken to safeguard the property entrusted to Service Provider. In the absence of negligence, however, Service Provider will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorized use by others of such property. Service Provider will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. Service Provider will not be held liable for typographical omissions or errors.
Consensus: Client must accept these terms and conditions by written consent via email or another specified platform from Daza Design. Client may also accept these terms and conditions by clicking on the agreement checkbox via our checkout web page via www.dazadesign.com.