Custom WebSite Design Terms of Service
Acceptance
Please note that by submitting your downpayment for our services you are agreeing to all of our terms of service herein. DataFlurry reserves the right to change or update these terms at any time without prior notice.
Quotes & Contracts
Quotes provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.
Charges & Fees
All new web design projects that are $400 US or less require full payment upon contract signing. Projects where the total cost is between $401 and $700 US will be split into two payments. An initial 50% deposit will be due at contract signing. The remaining 50% balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.
All new web design projects that exceed $700 US will be split into three payments. An initial deposit of 1/3 of the total project cost will be due at contract signing. A second payment of 1/3 the total project cost will be due upon acceptance of the design. The final balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.
Any check payments that do not clear will be charged a $35 fee. DataFlurry retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)
DataFlurry requires a deposit before we begin work on any project. A request to terminate services must be presented to Dataflurry Web Design in writing.
Refund Amounts will be calculated in the following ways:
- A cancellation fee of 20% (twenty percent) of the total deposit paid will be retained for projects that have been booked, but cancelled prior to the start date.
- A cancellation fee of 30% (thirty percent) of the total deposit paid will be retained for projects that have been started and are in the design process.
- A design fee of $250 (two-hundred and fifty dollars) will be retained on projects where the design portion of the development has been completed, and the client has accepted the design, but whereas the development process of the project has not begun. (Upon payment, the design will be released to the client for use, see copyright & ownership clause)
- Projects that are in the development process at the time the request for termination is received will be billed at the hourly rate of $35 per hour. Should the amount of time put into your project be greater than the deposit you have paid to DataFlurry Web Design, you will be billed the difference. Upon payment of these fees, the work completed up to the time of termination will be released to the client.
Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.
Chargebacks
DataFlurry Web Design will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients agree to our terms of service prior to the start of any project.
Hours of Operation / After Hours Maintenance
Our business hours of operation are 8AM to 5PM Monday thru Friday. If you require maintenance after the posted hours, such as on weekends or holidays, you will be charged our base maintenance rate with an additional charge of $30 per hour for after hours assistance. We cannot guarantee maintenance turnaround times, however we strive to complete all projects as speedily as possible.
WebSite Design Credit
Dataflurry would like to place a link on your website in the footer area back to www.dataflurry.com. Other arrangements can be made if the client wishes to have it removed.
Non-Communication and Delivery
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
Customers are required to provide content, images and layout information to DataFlurry. Any specific deadlines that may be set may not be reached due to mis-communication or if content is not provided speedily to DataFlurry.
Development & Delivery
DataFlurry understands the importance of completing projects in a timely manner. We agree to complete the web design project within 60 days from the date of contract signing. If the client does not supply DataFlurry Web Design with complete text, graphic content and other requested materials for the contracted client within 30 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to DataFlurry Web Design for an additional fee of 15% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between DataFlurry Web Design and the client.
Payments
We accept payments by:
credit card (Visa, MasterCard, Discover, AmEx, Dinners Club); wire transfer.
Abuse
DataFlurry will not tolerate any type of abuse to our staff in any way; and we reserve the right to reconsider any services because of this.
Liability
Services purchased from DataFlurry are provided "as is" without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall DataFlurry be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/ore goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
In no event DatFlurry will be liable for suitability, merchantability, or usability of products and services developed and delivered.
Project Consideration
Please note that DataFlurry is a family owned and operated company. Therefore, we will not accept projects that we find morally questionable, unethical, or distasteful. We reserve the right to deny offering any of our services at any time.
Backup of Data
In no event will DataFlurry be liable for loss of Data or information contained within our servers or a clients servers. We try our best to maintain proper backups of data, however it is your sole responsibility to keep a backup of all content as well as databases within your WebSite.
Copyright
Final products developed by DataFlurry are the sole property of the Customer once payment has been made in full. However, the initial concepts remain our property until payment is made inf ull. We have the right to place products developed on the portfolio page of our Website.
Upon completion of the project, DataFlurry transfers all rights and ownership of CUSTOM designs and programming written by DataFlurry to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.
Ownership and copyright of all Templates design services available remain with DataFlurry and are not transferred to the client.
DataFlurry Web Design reserves the right to resell custom designed WebSites that remain unpaid by the original client, unaccepted mockups or other graphics created by DataFlurry Web Design but not in legal use by the client.
DataFlurry Web Design reserves the right to display websites and graphics that have been designed by DataFlurry on their website, and in any marketing material to aid as examples of our work.
Miscellaneous
These Terms of Service are the complete Agreement between DataFlurry and the Customer. This Agreement supersedes all prior agreements or promises made by DataFlurry representatives that differ in any way from these Terms and Conditions.
Any modifications of this Agreement must be in writing signed by the parties to be bound by modifications.
Any notices required under this Agreement must be delivered in person, mailed (properly addressed and with postage prepaid), faxed or e-mailed to the party entitled to receive the notice.
The Customer agrees that it shall defend, indemnify, save and hold DataFlurry harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DataFlurry, its agents, Customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns.
The Customer agrees to defend, indemnify and hold harmless DataFlurry against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with DataFlurry;
(2) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. Exclusive jurisdiction and venue is as governed in the district court of Maricopa County, Mesa Arizona. |
