Visualwebz LLC requires that before any work commences on your website or consulting project, you must read and accept these Terms of Service and Policies(“Terms of Service”). You will acknowledge agreement prior to your initial payment and with each additional payment.
WHEREAS, Visualwebz LLC Web Design (“Visualwebz LLC”) is internet website design company providing custom web development, web software integration, web consulting, and search engine optimization (“SEO”);
WHEREAS, Customer (“you”,”client”, “customer”) seeks to engage Visualwebz LLC for website design, consulting, and optimization purposes;
THEREFORE, in consideration of the mutual promises herein, the parties intending to be legally bound agree as follows:
Free Consultation vs. Billable Time
Free consultation typically covers answering questions about Visualwebz LLC services and helping clients decide if they want to hire Visualwebz LLC to perform services. If a prospective client asks Visualwebz LLC to “work” on a website, this is billable time. Billable time includes not only making changes, but also doing research, reviewing website files or code and providing requested website assessments.
Visualwebz LLC only accepts compensation in US dollars. Visualwebz LLC accepts payments via credit cards/debit cards/ echecks through PayPal and accepts checks on a case-by-case basis.
Communication with Clients
All communication with clients is typically done via phone, email, or online chat, and is billable time.
Initial Payment for New Website Design
Until Visualwebz LLC receives the initial payment, the assumption is that prospective clients are still shopping around for a website designer. Initial payments are a client’s way of telling Visualwebz LLC they have engaged Visualwebz LLC to do work. Initial payment or deposit is non-refundable fee.
All payments are due upon receipt of invoice. Invoices are sent via email. If a client does not pay within 14 days, they will receive an email reminder.
If a client does not pay within 30 days even after being sent reminder emails, the client may be required to pre-pay for any future maintenance requests.
Termination of Project and Refund Policy
If, at any time, a client would like to terminate the project, Visualwebz LLC will refund any unused hours, less the set-up fee (for hourly billable clients). Please note that there are no refunds for time spent working on a client’s website.
Visualwebz LLC may also terminate projects for clients who become unresponsive (not returning emails or phone calls). Any unused payment will be refunded, less the setup fee.
New Website Design vs. Maintenance
When working on a new website design, clients are billed hourly or a fixed price may be agreed upon prior to the project starting. Any additional work outside the scope of the project will be billed on an hourly basis.. Once a new website design or redesign is completed, any further work is considered maintenance. Maintenance work is billed at a lower rate, but has a 30 minute minimum charge per request. Multiple requests received the same day are considered the same request.
Ownership of Files
Visualwebz LLC is compensated for work by an hourly fee versus a flat rate for website design. One benefit of this system is that clients completely own all output of services as soon as they have paid any outstanding balance. Additional costs will be incurred in terms of software/modules/plugins that Visualwebz may have purchased, in addition transfer of files will also be billable. However, if you plan to have Visualwebz LLC Web Design perform maintenance on your website after it’s completed – you should not attempt to change the website code yourself unless you have coordinated this with Visualwebz LLC Web Design in advance. If you do change the code yourself, you do so at your own risk, and the files on Visualwebz LLC Web Design’s computers are immediately invalidated by your changes and will be discarded in order to avoid accidental overwriting. To avoid accidental overwriting, if you change your website files yourself, you should notify Visualwebz LLC Web Design, or you should change your FTP permissions so that Visualwebz LLC Web Design no longer has access to your files.
Since Visualwebz LLC bills hourly for services, and the output of my work is immediately uploaded onto client’s webservers, Visualwebz LLC is not responsible for archiving or guaranteeing the availability of those files. Clients are responsible for keeping backup copies of their website files in the event of an emergency. While Visualwebz LLC may keep backup copies of work for its convenience, Visualwebz LLC does not guarantee to keep client files for any length of time.
Right To Decline Service: Screening Prospective Clients
Visualwebz LLC strives for excellence and wants all clients to be delighted with their experience with Visualwebz LLC Web Design. To this end, all prospective clients and their projects are screened to ensure a good fit with Visualwebz LLC’s skills and philosophy. Visualwebz LLC in its sole discretion reserves the right to decline providing web services to anyone who is not a good match. Visualwebz LLC also strives to improve the quality of the internet – and to this end, only works on websites for individuals and small businesses that are of benefit to the greater internet community. Visualwebz LLC will ask you questions about the nature of your business. If Visualwebz LLC discovers something objectionable about a project after a deposit is accepted, the unused portion of the deposit will be returned and the project will be terminated.
Putting Link to Visualwebz LLC Web Design in The Footer and Adding Your Site To Visualwebz LLC’s Portfolio
Visualwebz LLC is proud of its work, and will typically add a link to its website in the footer of all client websites. Visualwebz LLC may also use an image snapshot of your website with a short description and a link to your website on its portfolio page. If you, or another web developer you’ve hired, removes this link, you are required to notify Visualwebz LLC Web Design and your website will be removed from Visualwebz LLC’s portfolio. Removal of this link also indicates that you no longer wish to have Visualwebz LLC Web Design perform maintenance on your website in the future.
In order to get your website finished in a timely manner and effectively manage workload, it’s important that you are able to respond to emails within a few days of receipt. If you’ve been emailed several times and haven’t responded in 14 days, you may lose your position in the work queue. If you have not responded in 30 days, your project may be terminated. Please advise if you are going to be away for a span during the web development time so that schedules can be planned accordingly. If there are multiple people on the project we suggest that a single line of communication be in place, and only that individual be responsible for updates and changes. Updates and changes should be clearly documented as a checklist and used as a single form of communication. Images and content should be sent as a single attachment or uploaded to the cloud and link provided. The client is responsible for providing the correct image dimensions (as requested) and content.
Customer may only use Visualwebz LLC services for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on your website.
Trademarks, Copyrights & Plagiarism
You warrant that you have the right to use the applicable trademarks on your website, if any. You also warrant that any images you provide to Visualwebz LLC for use on your website are not owned, copyrighted or trademarked by anyone else, and that if they are, you have obtained appropriate permission. You also warrant that all text content you provide to Visualwebz LLC for use on your website is original work.
All website design work is provided “as is” without warranty of any kind, either expressed or implied. Neither Visualwebz LLC, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Visualwebz LLC’s service will be error free; nor do they make any warranty as to the results that may be obtained from having Visualwebz LLC do website development or consulting work.
Search engines—such as Google—have their own proprietary algorithm for ranking websites for particular keywords, it is impossible for Visualwebz LLC to guarantee any particular ranking for your website. It is likewise impossible for Visualwebz LLC to guarantee that your Google AdWords campaign will create adequate and high quality traffic for your website. While Visualwebz LLC strives to increase traffic to your website by following Google Quality Guidelines, there are many factors beyond Visualwebz LLC’s control that impact your website’s ranking and subsequent traffic. Therefore Visualwebz LLC does not guarantee any particular search engine ranking or website traffic.
In no event shall Visualwebz LLC be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability of clients to use their website. You expressly agree that use of Visualwebz LLC’s services is at your sole risk and you will personally test and accept the results of the services promptly after the completion of the services by Visualwebz LLC.
Under no circumstances, including negligence, shall Visualwebz LLC be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use your website; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to your records, programs or services. You hereby acknowledge that this paragraph shall apply to all work done by Visualwebz LLC.
Customer agrees that it shall defend, indemnify, save and hold Visualwebz LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Visualwebz LLC, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless Visualwebz LLC Web Design against Liabilities arising out of—
1. any injury to person or property caused by any products sold or otherwise distributed in connection with a website designed or maintained by Visualwebz LLC;
2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement;
4. any defective product which Customer sold on using a website designed or maintained by Visualwebz LLC Web Design;
5. any action taken by Customer as a result of consulting with Visualwebz LLC.
In any such indemnification action, Visualwebz LLC shall have the right to engage its own counsel.