The standard terms and conditions for Seaside Siren Designs apply to all contracts and all work undertaken by Seaside Siren Designs for its clients.
FEES AND DEPOSITS
A 50% deposit of the fee agreed upon in our proposal is due immediately upon contract agreement. The remaining 50% shall become due when the work is completed to your reasonable satisfaction. It is subject to approve/reject clauses. We will not start the project until the deposit has been paid in full. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is nonrefundable if the development work has been started and you terminate the contract through no fault of ours.
SUPPLY OF MATERIALS
You must supply all materials and information required to complete the work in accordance with any agreed specifications. Such materials may include but are not limited to, photographs, written copy, logos, and other printed material. Delay in supplying these materials to us leads to a delay in the completion of work, we have the right to extend any formerly agreed deadlines by a reasonable amount. Should you fail to supply materials, that prevents the progress of our work, we have the right to invoice you for any part or parts of the work already completed.
Our website development phase is flexible and allows certain adaptations to the original specification. However, any major deviation from the specification will be charged at the rate of $62.50 per 1/2 hour.
PROJECT DELAYS AND CLIENT LIABILITY
Any timelines given are dependent upon your full support and promptly supplying us with necessary website content. During development, there is a certain amount of feedback required to progress to the following phases. It is required that a single point of contact be appointed from your business and be made available daily to accelerate the feedback process.
APPROVAL OF WORK
Upon completion of the work, you will be notified and can review it. You must notify us in writing of any unsatisfactory points within 3 business days. Any of the work which has not been reported in writing to us as unsatisfactory within the 3-day assessment period will be deemed to have been approved. Once approved, or deemed approved, work cannot later be rejected, and the contract will be deemed to have been completed and the 50% balance of the project will become due, immediately.
If you reject any of our work within the 3-day evaluation period or have not approved subsequent work performed by us to remedy anything unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we may elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 3-day review period, we will invoice you for the 50% balance of the project.
WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names, and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website. DMCA disputes are your obligation.
Once you have paid us in full for our work, we grant to you a license to use the website and its related software and contents for the life of the website.
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements, or representations whether express, implied, statutory, or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded.
Without limiting the above, to the extent permitted by law, any liability of Seaside Siren Designs under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
You agree to reimburse us for any requested expenses which are not part of our proposal including but not limited to the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting, or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply your account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the United States of America. You and Seaside Siren Designs submit to the non-exclusive jurisdiction of the courts in and of the United States of America in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
CROSS BROWSER COMPATIBILITY
By using current versions of well-supported “content management systems”, we work to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome, and Safari. Third-party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best-effort basis, where any incompatibilities are found.
We are pleased to offer you the opportunity to revise the design. However, we have the right to limit the number of design modifications to a reasonable amount and may charge for additional designs if you make a change to the original design specification after the project is started.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Seaside Siren Designs and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.