Note: In these Terms and Conditions, Custom Web Sight, or any of its owners, companies, partners or affiliates will be identified as CWS and Customer will be identified as The Client. These Terms and Conditions are subject to change, so please check back often.
a. LIABILITY – CWS will not be held responsible or liable and will be held harmless for the content, use and/or business of the developed website for The Client.
b. SECURITY – CWS will not be held responsible or liable and will be held harmless for any hacking, included but not limited to, SQL Injection, web defacement, or destruction of data or any data loss. It is The Client’s responsibility to ensure good operating practices of the website by using adequate passwords and keeping them out of the view of the public. If the Security Scanner has been selected, the Client agrees Godaddy will then assume liability to the terms and warranty set forth by Godaddy for their services.
c. DEVELOPED MATERIALS – The website, any developed graphics and/or any developed or added programming code remains the property of CWS until all outstanding accounts are paid in full. CWS will not take responsibility for any copyright or trademark infringements caused by materials submitted by The Client.
d. CONTENT – The Client agrees to make available as soon as is reasonably possible to CWS all materials required to complete the site to the Proposal Agreement and within the set deadline. CWS will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines due to the Clients failure to deliver said materials. A $50/hr fee will be applied to all content that is not easily imported. This applies to most copy/paste, typing, scanning, etc…
e. ERRORS – CWS will make every effort to correct any issues or problems in CWS’s own code or programming if and when they occur within a reasonable amount f time; however, CWS is not be responsible to fix or be liable for any losses incurred due to hardware malfunction or third party software issues.
f. RIGHTS – CWS reserves the right to refuse to complete the project with no refund of the deposit if in the event The Client has intentionally stalled in the agreed upon fee schedule; has tried to add more items to development after agreed upon mockup approval; has become abusive; has refused to provide adequate material to complete the site; has changed their own business plans or structure; has been proven to be a hate and/or terrorist website, or has been detained for illegal activities.
g. FEES – No additional fees will be asked of The Client as long as the requests pertain to the original Proposal Agreement. All payments received for the work performed are non-refundable. 1) Additional Development fees: CWS will notify the Client if any additional fees are needed BEFORE the any additional work is done, with The Client’s right to refusal, at which point The Client and CWS will agree not to do said additional work. If agreed upon, The Client will be billed separately. 2) Late and Penalty fees: Payments are considered late 10 days after the due date. Late payments will result in a 5% late fee applied to the current payment due and will compound per month until brought current. Additionally bounces and NSFs will also result in an additional 5% fee. 3)Content Inclusion Fees: A $50/hr fee will be charged for the retyping out from faxes, scans, brochures, images, or excessive research and/or copying from other websites other than your own, etc… Please provide content in digital (copy/paste)form. This can be in Word, WordPerfect, Notepad, Publisher, PDF, CSV, TXT, and/or content from your exiting site.
h. SEARCH ENGINE OPTIMIZATION & MAINTENANCE AGREEMENTS – 1) SEO (Search Engine Optimization) When changes are made to a website, big traffic increases take time and search engines vary in clearing their cache resulting in weeks for search engines to index your new changes. Due to this, it may take weeks if not months before you see some traffic increases due to these changes. Therefore since CWS does not own said search engines, does guarantee an improvement in rankings according to search engine standards but does not guarantee any ranking time constraints in doing so. 2)Maintenance Agreements set an amount of time and type of work to be performed. CWS has the right to invoice the Client and the Client is then responsible to pay if they determine the amount of, scope of, or time it takes to perform said requests violates the maintenance agreement that was agreed upon.
i. PAYMENTS 1)If in the event the payments are not made by the Client, CWS reserves the right to stop any maintenance or other work until the payments are then resumed. 2) If payments are not paid within 45 days of completed work per the Proposal, Maintenance or any other Addendum Agreement, CWS may cancel the project with no refund to the Client. 3) Once the Client Pays including but not limited to the down payment, subsequent payments and/or maintenance fees, the Client agrees to the terms set forth on Proposal Terms and Warranty and any other Agreements or Addendums between CWS and the Client as listed herein. 4) I agree to and understand the terms of and will pay the selected Payment Option.