Web Design and Development Terms and Conditions
1. Client Responsibilities for New or Redesigned Website Projects
As the Client, you are responsible for providing the necessary materials and inputs for the timely and successful completion of the website project. These responsibilities include:
- Artwork and Photography: Furnishing all required camera-ready artwork, printed materials, and non-stock photographs essential for the website development.
- Final Website Content: Providing finalized text, images, and documents for each web page in a digital format. It is important to note that site development will not begin until all website content is received. If content is delayed, the projected completion timeline will be adjusted accordingly. Edits to the content can be made during two rounds of revisions once the site is built.
- Website Hierarchy: Assisting in creating the website’s hierarchy, including the main menu and sub-menu structure.
- Post-Launch Services: Assuming responsibility for maintaining the website after its launch, including hosting, applying software patches, ensuring data and website security, and overseeing general upkeep.
- Website Hosting: Arranging and providing website hosting services.
- Logo: Submitting the logo in a high-resolution format suitable for web use.
2. Authorization
By engaging our services, you are contracting LeMarke IT Solutions as an independent contractor for your web design and development project. The term “Agreement” refers to the signed contract, proposal, or any other binding document that references these Terms and Conditions. “Client” refers to any party that has signed an Agreement with us. This Agreement outlines the scope, deliverables, and payment terms for the project.
3. Hourly Rate and Additional Work
Any changes requested by the Client that go beyond the original scope of work, as defined in the deliverables section of the Proposal, will be billed at the hourly rate of $150 per hour. For any additional changes that are not part of the original agreement, a formal change order must be executed by the Client before any additional work can begin.
4. Liability
LeMarke IT Solutions limits its liability for any breach or default of this agreement to the amount paid by the Client for the services rendered, excluding any reimbursable expenses like advertising spend. We will not be responsible for any loss of income, projected income, or any issues arising from factors outside our control, such as:
- Server failures
- Website unavailability
- Traffic fluctuations
- Search engine algorithm changes
- Data loss or corruption
- Variations in shipping costs or order volumes
The Client holds responsibility for the website’s content, services, products, and trademarks related to their industry and competitors.
5. Completion Date
The Client and LeMarke IT Solutions must work together to complete the project on time. Both parties agree to provide feedback on deliverables within a reasonable timeframe. The Client is expected to provide final feedback within five (5) working days of receiving deliverables. We will respond to all queries within four (4) working days. If either party anticipates a delay due to vacation or any other event, they should notify the other party in advance.
A project is considered complete once the website is launched and any agreed-upon initial marketing deliverables are fulfilled. Should LeMarke IT Solutions be unable to complete the project, a refund will be provided for the portion of the project that remains unfinished.
6. Client Delays
If the Client causes delays that result in project deliverables not being completed within 365 days of signing the contract, LeMarke IT Solutions reserves the right to bill the Client the full invoice amount for the project. All work completed by LeMarke IT Solutions up to that point becomes the property of the Client once payment is received.
7. Assignment of Project
LeMarke IT Solutions reserves the right to subcontract any portion of the project to ensure timely completion and the best fit for the job.
8. Copyrights and Trademarks Provided by the Client
The Client guarantees that all elements of text, graphics, photos, designs, trademarks, and other materials provided for inclusion in the website are either owned by the Client or the Client has obtained permission from the rightful owner. The Client agrees to hold LeMarke IT Solutions and any subcontractors harmless from any claims or legal actions that arise from using the provided materials.
9. Copyright to Website
All web pages, graphics, and other materials created during the development of the website are the intellectual property of LeMarke IT Solutions until the final payment is made. Once full payment is received, ownership of the web pages, purchased photos, and any created graphics is transferred to the Client. However, source code and work-up files remain the property of their original owners. LeMarke IT Solutions retains the right to display the completed project in its portfolio.
10. Website Functionality and Protection
We do not guarantee that the website or its functions will be error-free or uninterrupted. The Client assumes all risks related to the website’s performance, security, and quality. LeMarke IT Solutions will not be liable for any damages, including lost profits or incidental damages, arising from the use or inability to use the website. Additionally, we do not guarantee that the website will comply with ADA, Section 508, or any other legal or regulatory standards applicable to the Client.
11. Indemnification
The Client agrees to defend, indemnify, and hold LeMarke IT Solutions harmless from any claims, liabilities, or losses, including attorney fees, that arise from:
- Services provided or agreed to be performed
- Any product sold by the Client
- Content supplied by the Client that infringes on third-party rights
- Any defective or unsafe product related to the website
The Client acknowledges the inherent risks associated with search engine optimization (SEO) and assumes full responsibility for those risks, such as changes in search engine algorithms or manual optimization penalties.
12. SEO Risks
Search engine optimization services carry certain risks, including changes to search engine algorithms that may affect rankings. While LeMarke IT Solutions strives to optimize search engine performance, we do not guarantee any specific rankings or future placement. The Client assumes all risks related to SEO.
13. Warranties
LeMarke IT Solutions does not provide any guarantees regarding the number of sales, visitors, or traffic to the website. We expressly disclaim any warranties, whether implied or statutory. The Client acknowledges that search engine optimization efforts may not yield guaranteed results, and LeMarke IT Solutions makes no promises of specific rankings or improvements.
14. Payment Terms
Prompt payment is essential for project success. A down payment is required to begin the project. All ongoing payments for services are due upon receipt. If payment is not received within 60 days of the due date, a 2% penalty will be applied for each month of delinquency. LeMarke IT Solutions reserves the right to remove the website from the internet until payment is made.
If collections become necessary, the Client agrees to pay all fees associated with the collection process.
15. Minimum Hourly Floor
LeMarke IT Solutions maintains a minimum hourly rate of $80 for all services. If at any point, the rate for services provided drops below this amount, we will notify the Client and discuss adjustments to either the scope of work or the fees.
16. Client Cancellation
The Client may terminate the project at any time with written notice. Upon termination, the Client must pay for all work completed up to that point. Any remaining work will become the property of the Client once payment is received.
17. LeMarke IT Solutions Cancellation
LeMarke IT Solutions reserves the right to cancel services at any time with written notice to the Client. The Client will only be billed for services performed up to the date of cancellation.
18. Fee and Plan Changes
To stay competitive, LeMarke IT Solutions may adjust pricing, plan deliverables, and subscription fees annually. These changes will take effect at the start of the Client’s service term, and the Client will be notified in advance.
19. Website Hosting
LeMarke IT Solutions recommends hosting packages that include a LAMP stack, FTP, and cPanel access. If the Client’s hosting provider does not meet these specifications, additional fees may apply, and project launch could be delayed.
20. Future Services
All future services provided by LeMarke IT Solutions will adhere to these terms and conditions.
21. Modification of Terms
LeMarke IT Solutions reserves the right to update these terms and conditions at any time without prior notice. By continuing to use our services, the Client agrees to be bound by any updated terms.
22. Venue
Any disputes arising from this agreement will be handled in [County/State] jurisdiction.
23. Non-Solicitation and Non-Hire
For a period of two years following project completion, the Client agrees not to hire or solicit any employees, contractors, or consultants associated with LeMarke IT Solutions without written consent.
24. Non-Disparagement
Both parties agree not to take any actions that could harm the other’s reputation during the term of the agreement and for three years following its conclusion.