Free Spin Web Design Terms Of Service

Authorization

Client authorizes Free Spin Web Design (FSWD) to access their hosting account, and authorizes the employees of FSWD with full access to the client’s account, and any other programs needed for this web design project that are included as part of the client’s service agreement/level.

Age

The authorized representative of the client certifies that he or she is at least 18 years of age and legally capable of entering into a contract in the state of Ohio on behalf of the client.

Browser Compatibility

Designing a web site to fully work in multiple browsers (and other browser versions) can require considerable extra effort. It could also involve creating multiple versions of code/pages. FSWD represents and warrants that the web site FSWD designs for client will work in:

  • Microsoft Internet Explorer versions 7.0 and up
  • Mozilla Firefox

While FSWD will make reasonable efforts to design a fully-functional web site, FSWD’s warranty does not cover AOL, text-based browsers, or requested special effects, procedures, or programming that FSWD has advised client against.

Accessibility for People with Disabilities

It is a standard of FSWD to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.

Assignment of Web Design Project

FSWD reserves the right, and you hereby agree, to assign subcontractors to this web design project to insure that the terms of this agreement are met as well as on-time completion.

Email Estimates

Email estimates provided to potential clients will be honored for thirty (30) days. A new email estimate will then be provided upon request.

Completion Date

FSWD and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than the 30 days after the client has submitted all necessary materials. If the client does not supply FSWD with the complete text and graphics content for this web design project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by FSWD as liquidated damages and the contract shall become null and void, at the option of FSWD.

FSWD reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mock-ups or other graphics created by FSWD but not in legal use by the client.

Revisions

Moderate revisions are expected, and this contract will allow for up to 5 revisions for a logo design and 5 revisions per overall design. Further revisions will be billed accordingly.

Non-Communication

If FSWD is unable to communicate with a client on a project for duration of at least seven days (7) by phone or email during the design and development process, the project can be canceled without prior notice and no refund will be issued.

If several weeks have passed with no response from client, files may be removed from server. If files have reached the point where they have been removed from the server, an additional charge may be required to retrieve and re upload them. This will be billed at the hourly rate, and will be due before any further work is done on the website, along with any remaining balance.

Scope & Client Amends

FSWD strives to provide excellent customer service. To that end, FSWD encourages input from the client during the design process.

FSWD understands, however, that clients may request significant design changes to pages that have already been built to the client’s specification. To that end, please note that this agreement does not include a provision for “significant page modification” or creation of additional pages in excess of the agreed maximum. If significant page modification is requested after a page has been built to the client’s specification, it is considered as an additional page.

Some examples of significant page modification at the request of the client include, but are not limited to the following:

  • Developing a new table or layer structure to accommodate a substantial redesign at the request of the client. (Creating a new form, size chart, etc.)
  • Replacing more than 75% of the text to any given page at the client’s request.
  • Creating a new navigation structure at the request of the client.

If significant page modification is requested by the client after the maximum has been reached, the charge will be $24.00 for each additional page. Moderate changes, however, will always be covered during development of the site and also covered by one month of free maintenance.

Client should also be aware that significant modifications could delay the completion date, and requests for significant modifications before the completion date may incur additional charges, at the discretion of FSWD. FSWD, however, will notify the client via email, telephone, postal mail, or in person before this type of additional charges are incurred in order to gain the approval or rejection from client of these charges. Acceptance must be approved in writing by client.

Meta Tags

Adding of meta tags is included in the design cost.

Additional Charges

Client agrees to reimburse FSWD for any critical client requested expenses necessary for the completion of the project. Examples include, but are not limited to, the following:

  • Purchase of specific fonts at the request of the client
  • Purchase of specific photography at the request of the client
  • Purchase of specific software at the request of the client
  • Purchase of specific script at the request of the client

Client will be notified by telephone, email, or in person if a situation arises that would indicate a need for such expenditures and be allowed the opportunity to accept or reject them beforehand. Acceptance must be approved in writing by the client.

Payments

Payments must be made promptly based on the terms of this web site design project. FSWD reserves the right to remove any web design project from viewing on the internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees (including all attorney fees and court costs) incurred by that process.

The fees shall be paid by client to FSWD in two installments as per the following payment shecule:

Fifty percent (50%) non-refundable deposit before work begins with remaining balance to be paid upon completion of project. If the project is ongoing, payments will be due every 30 days until paid in full. Website will not be made live on client’s server until full payment has been received in full.

** Estimates at or under $250.00 must be paid in full prior to work beginning.

Copyright & Ownership

Upon completion of the project, FSWD transfers all rights and ownership of custom designs by FSWD to the client, with the exception of original .PSD files, which remain under the copyright of FSWD unless purchased by the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.

Client is responsible for ensuring that no images or text that are provided by the client violates any copyright.

FSWD reserves the right to display websites and graphics that have been designed by FSWD on freespinwebdesign.com and in any marketing material to aid as examples of our work.

Lawful Purpose

FSWD reserves the right to refuse, cancel, or suspend service to anyone at the sole discretion of FSWD. Clients who are unreasonably difficult to work with or require an unusual amount of changes as determined by FSWD will be subject to an additional fee of $20.00 per hour in addition to any quoted price.

Project Delivery

The final web site design project will be published upon receipt of final payment.

Web Site Design Credit

FSWD will place a link on your website in the footer area back to  http://www.freespinwebdesign.com. Other arrangements can be made if the client wishes to have it removed. Typically this will be $50.00 to remove.

Web Site Maintenance

This agreement allows for minor web site maintenance to pages over a 30 day period, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, images, guest books, discussion webs, navigation structure changes, or attempted updates by client repairs. The period of 30 days begins on the date the web site of the client is available to be published.

Acceptance

Please note that by submitting your down-payment for services provided by FSWD, you are agreeing to all of the terms of service as written here. FSWD reserves the right to change or update these terms at any time without prior notice.

Failure to follow any term or condition will be grounds for immediate account deactivation. FSWD will not refund any client who violates these terms of service.