Website Development / Design Services Terms and Conditions
Terms and Conditions
Terms & ConditionsThe following terms and conditions apply to all website development / design services provided by Same Day Creative Solutions LLC to the Client.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Description of Service
Same Day Creative Solutions LLC may provide Client with one or more services, included but not limited to, following: Product Photography, Graphic Design, Website Design & Development and affiliated products/services, Internet Marketing, Mobile Application Development, Content Development, and/ or Maintenance and Support Services. Unless explicitly stated otherwise, any new feature that augments or enhances the Services shall be not considered to be part of the initial agreement of services. SDCS reserves the right to modify, suspend or discontinue the Services (or any part thereof), based on non-cooperation, non payment, or unwanted delay from client, at any time, without notice. Client expressly agrees that Client, or any related third party, shall not hold SDCS or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.
3. CHANGES TO WEBSITE
Same Day Creative Solutions LLC hereby declares that The Company has sole right to change or remove the website (temporarily or permanently) or any part of it at any time, without notice. Same Day Creative Solutions LLC shall not be liable to anyone (Client, third-party vendor or user) for any such changes or removal.
4. Website Development Payment Obligations:
Charges for services to be provided by Same Day Creative Solutions LLC are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Same Day Creative Solutions LLC reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee, unless an alternative contract or proposal specifies a different amount. The remaining 50% percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials. The outstanding balance on your website is due after the design, navigation and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that Same Day Creative Solutions LLC gets paid for performing their duty under the proposal, despite tardy content from the client. After payment, SDCS will still post outstanding content AT NO CHARGE for 1 week. In the event an “under construction” page is posted due to missing content, SDCS will post ONE copy of any text/pictures on existing pages only, for up to 1 month after publish date. After the one month has expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate at $75 Per Hour and up to $150 Per Hour; Unless agreed otherwise with the Client.
5. Client Review
Same Day Creative Solutions LLC will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Same Day Creative Solutions LLC otherwise within ten (3) days of the date the materials are made available to the Client.
6. Turnaround Time and Content Control
Same Day Creative Solutions LLC will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Same Day Creative Solutions LLC receiving initial payment, unless a delay is specifically requested by the Client and agreed by Same Day Creative Solutions LLC.
In return, the Client agrees to delegate a single individual as a primary contact to aid Same Day Creative Solutions LLC with progressing the commission in a satisfactory and expedient manner.
During the project, Same Day Creative Solutions LLC will require the Client to provide website content; text, images, movies and sound files
7. Failure to provide required website content:
Same Day Creative Solutions LLC is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimization we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date your self.
Invoices will be provided by Same Day Creative Solutions LLC upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or $45 per month of the total amount due.
Remaining Balance Payments for services is due by check, money order, cashiers check, or bank transfer. Checks should be made payable to Same Day Creative Solutions LLC and sent to SDCS Tampa Location 3808 Woodroffe CT. Tampa FL, 33618. Bank details will be given upon request or made available on invoices.
9. Additional Expenses
Client agrees to reimburse Same Day Creative Solutions LLC for any additional expenses necessary for the completion of the work. Examples would be purchase of custom (java,html,flash etc.) scripts, special fonts, and or stock photography etc.
10. Web Browsers
Same Day Creative Solutions LLC makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Same Day Creative Solutions LLC cannot guarantee correct functionality with all browser software across different operating systems.
Same Day Creative Solutions LLC cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Same Day Creative Solutions LLC reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Same Day Creative Solutions LLC Creative Limited's Web space, Same Day Creative Solutions LLC will, at its discretion, remove all such material from its web space. Same Day Creative Solutions LLC is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Checks returned for insufficient funds will be assessed a return charge of $35 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Same Day Creative Solutions LLC reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Same Day Creative Solutions LLC in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Same Day Creative Solutions LLC services may be used for lawful purposes only. You agree to indemnify and hold Same Day Creative Solutions LLC harmless from any claims resulting from your use of our service that damages you or any other party.
Same Day Creative Solutions LLC will be the rightful owner of the web server, website, graphics, content, and any programming code until the Client pays all outstanding accounts in full. Any work done by Same Day Creative Solutions LLC will remain our property and copyright of Same Day Creative Solutions LLC, unless otherwise agreed, and may be resold or commercially reproduced only with the permission of Same Day Creative Solutions LLC.
Same Day Creative Solutions LLC will not be responsible for any loss of earnings, compensation or costs incurred due to any work carried out by the Client, on behalf of the Client, or by any third-party agents appointed by the Client.
Same Day Creative Solutions LLC is not liable for loss of earnings, compensation or costs incurred because of the unavailability of the website, servers, software or other material provided by its agents.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Same Day Creative Solutions LLC the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Same Day Creative Solutions LLC permission and rights for use of the same and agrees to indemnify and hold harmless Same Day Creative Solutions LLC from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Same Day Creative Solutions LLC that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
15. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Same Day Creative Solutions LLC to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
16. Design Credit
A link to Same Day Creative Solutions LLC will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $6000, a fixed fee of $500 will be applied. The Client also agrees that the website developed for the Client may be presented in Same Day Creative Solutions LLC's portfolio.
17. Access Requirements
If the Client's website is to be installed on a third-party server, Same Day Creative Solutions LLC must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
18. Post-Placement Alterations
Same Day Creative Solutions LLC cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
19. Domain Names
Same Day Creative Solutions LLC may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Same Day Creative Solutions LLC. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
21. Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Same Day Creative Solutions LLC will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
22. Governing Law
This agreement shall be governed, construed, and enforced in accordance with the laws of the State of Florida, without regard to its conflict of laws rules.
Same Day Creative Solutions LLC hereby excludes itself, its Employees and or Agents from all and any liability from:
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,