We’ll create designs for the look-and-feel, layout and functionality of your web site. Unless otherwise specified in your proposal, we include one main design plus the opportunity for you to make up to two rounds of revisions. If additional revisions are requested we will provide and updated quote for these extra revisions.
XHTML and CSS layout templates
We develop using XHTML or HTML5 and CSS2.1 and CSS3 for styling. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. We will also test that these templates perform well on Apple’s iPad.
We will not test old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need us to consider these older browsers, we can get back to you with an updated quote for any necessary additional design work, development and testing.
Any text you provide us must be spell checked, final draft, word doc format and ready for the world to see. Any requests to change text once the pages have been coded will be billed at $25 per page.
Any photos you provide us must be in digital format. If this project includes stock photography, we will do our best to find appropriate images from bigstockphoto.com and build them into the design. If you are not happy with the photos we have selected, you may find and purchase alternative photos on your own and send us digital copies. If you ask us to find alternative images, any time we spend searching for appropriate photographs will be charged at $100 per hour.
Changes and revisions
We like to work with fixed-price contracts, it gives you a solid number to budget for and there are no surprises. The prices we have quoted are based on the amount of work required to build you a website as described in our proposal. We know from plenty of experience that new ideas or requirements can come up after we’ve started work and we don’t want to limit either your options or your opportunities to change your mind. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. We will give you a new fixed-price quote for the added work. If you only need content changes that do not require additional design work, we bill at $25 per page. Along the way we might ask you to put requests in writing so we can keep track of changes.
Approvals and signoffs
There are stages in the design process that will require your feedback or approval before we can continue our work. We find that things go much smoother if we keep the project moving along and we ask that you provide your input as quickly as possible, ideally within 2 business days. If feedback is not provided within this timeframe we may need a little extra time on our end to schedule the next steps of your project. If a project is on hold for more than 30 days, it will be closed and archived. We’ll save all our work up until that point and can reopen the project later, additional charges may apply.
We do not offer or include technical support for any third-party services including web hosting, domain names, email or other services related to your website.
Websites: We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
SEO: We have no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. Your website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory. Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, we do not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term. Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than “x” amount of time. This is referred to as the “Google Sandbox.” Point Click Productions assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties. Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO.
PPC: You agree that if at any time a search engine ceases to offer sponsored listings or, if at any time for any reason, a search engine refuses service to you or refuses to provide a sponsored listing to you, we will not be held responsible. You also agree that such a refusal of service to you by a search engine may also be grounds for termination of this Agreement by us.
IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR LOST REVENUE OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND OR NATURE HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Relationship between parties
We are an independent contractor. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them. When we receive your final payment, copyright is automatically assigned as follows: You own the graphics and other visual elements that we create for you for this project. We’ll give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them. You also own text content, photographs and other data you provided, unless someone else owns them. We own the markup, CSS and other code and we license it to you for use on only this project. We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to issue press releases, write about the project on web sites, in magazine articles and in books about web design.
The Proprietary Information is and shall remain the sole and exclusive property of Provider. Customer shall have only the limited rights with respect to the Proprietary Information expressly granted in this Agreement, and all rights not expressly granted by Provider are reserved. Customer agrees that only Provider shall have the right to alter, maintain, enhance or otherwise modify the Proprietary Information. Customer shall not disassemble, decompile, manipulate or reverse engineer the Proprietary Information and shall take all necessary steps to prevent such disassembly, decompiling, manipulation or reverse engineering of the Proprietary Information. Under no circumstances shall Customer sell, Services, publish, display, copy, distribute, or otherwise make available the Proprietary Information in any form or by any means, except as expressly permitted by this Agreement, including without limitation the transfer to a third party or, if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act, 17 U.S.C. § 107. Customer will take all reasonable steps, in accordance with the best industry practices, to protect the security of the Proprietary Information and to prevent unauthorized use or disclosure. Customer is responsible for all access to and use of the Proprietary Information by Customer’s employees or agents or by means of Customer’s equipment or Customer’s Provider usernames and passwords, whether or not Customer has knowledge of or authorizes such access or use.
Fees & Payments
Invoices: We are sure you understand how important it is to a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule in your proposal. We make sure that the due date is always clearly printed on your invoice so there’s no confusion. Invoice paid more than 30 days late may be assessed a late fee.
Recurring Billing: Your payments for recurring services will be automatically charged to your credit card each month.
All fees are non-refundable.
Term & Termination
Design Projects: You can cancel your project at anytime providing us notice by email. You’ll be responsible for paying for all work performed up to the point of your cancellation.
Recurring Services: You can cancel your service at anytime after the initial term as long as you give us at least 3 business days notice by email. Cancellation does not entitle you to a refund. You will continue to have access to your services until the end of your subscription term.
We are not obligated to provide you a refund at any time. If you choose to cancel your project, or service during your subscription term, you will not be refunded in whole or in part. If you choose to downgrade your service level during your subscription term, you may be entitled to a pay a lower, pro-rated amount at renewal, but you are not entitled to a cash refund at any time.
This contract is a legal document under exclusive jurisdiction of Orange County, California courts.
If any party hereto resorts to legal action for the redress of a breach of this Agreement, the prevailing party shall be entitled to an award of all costs and reasonable attorneys’ fees.
These terms are subject to change without notice.