GEEK GIRL WEB DESIGN TERMS AND CONDITIONS
GEEK GIRL WEB DESIGN TERMS AND CONDITIONS
GENERAL WORKING AGREEMENT – This document defines the terms and conditions of the working relationship between Geek Girl Web Design, LLC (hereinafter “GEEK GIRL WEB DESIGN”) and , an individual/business having an address of (hereinafter “CLIENT”). All projects or services that GEEK GIRL WEB DESIGN may be contracted to produce or provide for CLIENT will be subject to the following:
PAYMENT/ESTIMATES – CLIENT agrees to pay GEEK GIRL WEB DESIGN specified in each quote. NOTE: Quote is only an estimate and subject to change if modifications are made. A deposit of 50% of the quoted project is required before work can begin unless another agreement has been made. Under any given circumstances, this deposit is non-refundable.* Websites that take over 30 days to complete require 50% non-refundable deposit; then 25% is due on 30 days of production and Final payment is due upon completion of website.
GEEK GIRL WEB DESIGN reserve’s the right to refuse completion or delivery of work until past due balances are paid. Balance must be paid in full within 7 days upon CLIENT’S satisfactory approval that the project has been completed or there will be a 10% late payment fee. Returned checks are subject to a $34 fee. Website may not be published until balances are paid in full. Final payments that exceed 30 days will result cancellation of services rendered. GEEK GIRL WEB DESIGN will begin work upon CLIENT’S approval of the written quote and when deposit is made. Your approval (written or oral) will constitute an agreement between us.
WORKING/BILLING PHASES – Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. If for any reason project is cancelled by the client, the deposit will not be refunded and any extra fees incurred must be paid in full. If the designer is waiting on pertinent information required for the site (information, pictures, logos, graphics, approval on design, etc.) from the client or third party hired by the client, and GEEK GIRL WEB DESIGN is unable to proceed with the project due to this nature within 30 days, the contract is VOID and deposit will not be refunded, subject that GEEK GIRL WEB DESIGN makes reasonable effects to follow up with the CLIENT to ensure that CLIENT is fully aware that GEEK GIRL WEB DESIGN is awaiting pertinent information from the CLIENT.
OUT-OF-POCKET EXPENSES – Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, color printouts, laminating, illustrations, separations, business card creation, or customized graphics. Expenses are itemized on each invoice. Expenses are subject to Michigan sales tax unless 1) You are a nonprofit organization; or 2) the work is for resale and you have submitted a resale certificate to GEEK GIRL WEB DESIGN. If consultant or supervisory services are required in out-of-town locations, GEEK GIRL WEB DESIGN will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates. GEEK GIRL WEB DESIGN will make reasonable efforts to inform CLIENT of anticipated out-of-pocket expenses beforehand when possible.
REVISIONS AND ALTERATIONS – New work requested by CLIENT and performed by GEEK GIRL WEB DESIGN after a quote has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, GEEK GIRL WEB DESIGN will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds. Client is allowed up to 2 major revisions before additional charges for programming will be incurred at the rate specified herein. Major revisions include any changes to the layout. The client is allowed a total of 10 minor revisions after the design has been approved and coded. If a situation occurs that the client has approved the design and work is completed on the website, and then a major reconstruction is requested after programming has been applied, the work requested will be quoted and charged accordingly. Minor revisions include changing written content, background color (background images are excluded from minor changes) or replacing pictures, and adding or deleting links. If the Client needs additional revisions, the cost is $75 / hour for minor revisions, and $95 / hour for major revisions, including, programming. All revisions and other copy changes requested after mechanicals are completed and website is published are billed at standard hourly rates of $75 per hour. If works are under one hour of time, GEEK GIRL WEB DESIGN will bill appropriately. CLIENT is responsible for testing every aspect of the website and carefully reviewing all works performed by GEEK GIRL WEB DESIGN. GEEK GIRL WEB DESIGN is not responsible for revisions and alterations made by CLIENT after project has been delivered and or published. CLIENT may request maintenance work, which will be quoted accordingly. Restoration of website will be billed to CLIENT at an hourly rate of $75 per hour. Restoration of databases, e-commerce stores, or content management systems will be billed to CLIENT at an hourly rate of $100 per hour.
IMMEDIATE TURNOVER – It is anticipated that the Website will take up to 30 days to complete. Knowledge of your deadlines is essential to provide an accurate estimate. If a project date is moved up with late notice, a 15% fee will be assessed. If the project needs to be completed within 2 weeks of signed contract a 25% fee will be assessed. A 35% charge of quote will be assessed for projects that need immediate turnover (project due within 1 week).
NATURE OF COPY – CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials GEEK GIRL WEB DESIGN prepares.
ERRORS AND OMISSIONS – It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. GEEK GIRL WEB DESIGN is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation. Please be sure to check all spelling and graphical errors on website.
HOSTING, EMAIL & DOMAIN NAME REGISTRATION – At your request, GEEK GIRL WEB DESIGN will provide hosting, email, and domain name registration at agreed rates. Services will be billed to CLIENT annually at current rates. Failure to renew annually will result in the cancellation of Client services. Hosting, domain name registration, and email setup for CLIENT under a third party company may be subject to service fee.
E-COMMERCE & CONTENT MANAGEMENT SYSTEMS – CLIENT agrees to pay as promised according to the quote (and subject to adjustments set forth in this agreement).
OUTSIDE SERVICES USED BY CLIENT – If you select your own vendors, other than those recommended by us, you may request that GEEK GIRL WEB DESIGN coordinate their work. If at all possible, GEEK GIRL WEB DESIGN will attempt to do so, but GEEK GIRL WEB DESIGN cannot in anyway be held responsible for quality, price, performance or delivery. Extra fees may apply for training.
RIGHTS OF OWNERSHIP – Once a project has been delivered by GEEK GIRL WEB DESIGN and is fully paid for by CLIENT, GEEK GIRL WEB DESIGN will assign the reproduction rights of the design for the use(s) described in the proposal for editing. GEEK GIRL WEB DESIGN agrees to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. There upon, GEEK GIRL WEB DESIGN reserves the right to discard them. All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied. As a designer, GEEK GIRL WEB DESIGN reserves the right to autograph website designs. If the autograph is removed from the website without the knowing of GEEK GIRL WEB DESIGN, a $500 fee will be assessed unless negotiated before publication of the website. To prevent the autograph from being published on the site, a $250 fee will be added onto the total cost of site.
TERM AND TERMINATION – The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, GEEK GIRL WEB DESIGN will promptly do so, provided you hold us harmless for any cost incurred as a result and deposit will not be refunded. If a specific item is cancelled after work is rendered, the CLIENT will still be responsible for costs specified on quote. Upon termination of this agreement, GEEK GIRL WEB DESIGN will transfer to CLIENT all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold GEEK GIRL WEB DESIGN harmless for any loss or expense (including attorney ’s fees), and agree to defend GEEK GIRL WEB DESIGN in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to ascertains made against CLIENT and any of its products and services arising from the publication of materials that GEEK GIRL WEB DESIGN prepares and you approve before publication.
PRODUCTION SCHEDULES – Production schedules will be established and adhered to by both CLIENT and GEEK GIRL WEB DESIGN, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or the GEEK GIRL WEB DESIGN. Where production schedules are not adhered to by the Client, final delivery date or dates can be adjusted accordingly.
CLIENT’S OBLIGATIONS – CLIENT shall provide GEEK GIRL WEB DESIGN with proprietary intellectual knowledge including but not limited to detailed documentation and instruct GEEK GIRL WEB DESIGN on the form and functionality of the web site software as desired by CLIENT. Upon satisfactory completion of the web site Software, CLIENT shall pay GEEK GIRL WEB DESIGN in full for its services.
GEEK GIRL WEB DESIGN’S OBLIGATIONS - GEEK GIRL WEB DESIGN shall design, create, and implement web site software as instructed by CLIENT under normally expected operating conditions for the CLIENT’S web site. CLIENT shall gather and report data as requested by GEEK GIRL WEB DESIGN. Before the website is published, GEEK GIRL WEB DESIGN shall allow CLIENT access to web site Software only during normal working hours for inspection, modifications and maintenance. GEEK GIRL WEB DESIGN is not responsible for any inadvertent disclosure of information which occurs in the ordinary transmission of information between GEEK GIRL WEB DESIGN and CLIENT, specifically during any required handling of the information by any third parties.
ADDITIONAL PROVISIONS – The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of Michigan applicable to agreements entered into and performed in the State of Michigan. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If GEEK GIRL WEB DESIGN must retain attorneys to collect our invoices, GEEK GIRL WEB DESIGN will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.
By signing below you accept these terms and conditions.
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