Web Design Terms and Conditions
1. Website Development Payment Obligations
The total is required before starting design and development of your website unless specified otherwise in your web design contract. After design and development completion date, any outstanding content needing to be posted and/or revised on the site will be billable at Abigail’s current 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 Abigail’s current regular hourly rate.
3. Website Development Cancellation
If site design and development work has already begun (such as creating a design concept), payment is non-refundable. Abigail may choose to offer a partial refund depending upon the circumstances.
4. Copyright Material
Materials provided to Abigail from the client must be copyright-free material – including photos, images, text, videos, and sound. Any other materials must have written permission or use. Abigail must have a copy of this written permission to keep on file. The client takes all responsibility for materials used on their web site that they provide.
Stock photography includes most photos and/or images not provided by the client. If stock photography is required, the client will be responsible for the cost of stock photos and images. This amount is separate from the amount quoted for website design and development, in which case Abigail will wait for client approval and communicate the price before purchasing. This is in the event the client is unable to provide any photos or images for the web design and free images do not suffice.
5. Ongoing Costs
a) Domain name registration: Cost recurs annually and price can vary depending on the specific domain name. Domain name registration gives you exclusive rights to a certain name (or URL), such as www.abigailb2.sg-host.com. You are not required to register a domain through Abigail, but we strongly SUGGEST you do because some domain name services can be dishonest in the way they sell names. If you already have a registered domain name, make sure you leave yourself as the Registrant and Administrative Contact with a current, easily accessible email address, to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.
b) Hosting: This cost recurs annually. Hosting is where your site will be stored on a server. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. You are not required to host through Abigail, but we strongly SUGGEST you do. If you want to host your site on another server this information must be disclosed before initial design or development starts.
c) Hosting Renewal Payment Obligations: Your hosting account will be automatically annually renewed under the same fee structure agreed upon in the original contract unless the client gives written notice to Abigail 15 days before the renewal date that the client does not wish to renew the account.
d) Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider Abigail can, upon request. The cost for this service $50.
e) Sites NOT Hosted by Abigail: In the event, the client decides to host their site on another server, Abigail cannot guarantee all elements of the site will work. Abigail will make reasonable effort to resolve problems on the foreign platforms; however, Abigail is not liable for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, PHP language, database, server software, and site security issues. In most cases, fixing problems on a foreign hosting server will be billable at Abigail’s current hourly rate and are not included in the design process.
f) Website Maintenance: There are no required maintenance fees other than domain registration and hosting. Most sites require maintenance and updates every month for security and functionality reasons, for which Abigail offers a maintenance plan. Abigail can make certain parts of the site updatable by the client by implementing a custom Content Management System or installing a blog. For any work Abigail does on the site after going live, Abigail will charge on an hourly basis. If the client expects that maintenance will be a regular occurrence, they can buy a prepaid maintenance plan that affords a discounted rate. Abigail can customize a maintenance plan for the client’s particular needs, but no plan is required.
6. Development Process
- Mood & Outline – Once the quote/project proposal is accepted, Abigail and the client will work together to create a site outline. The client will answer a questionaire and provide information about needs and their colorscheme/inspiration/branding unless agreed upon that Abigail will be creating branding.
- Preliminary Design – Once the site design is approved by the client, via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, reasonable changes can be made during the revision stage.
- Developed Design – Once the preliminary design is approved by the client, via email consent, the site layout is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once Abigail builds this structure per client approval, any subsequent changes are billable at Abigail’s standard hourly rate.
- Content – Provision of content (pictures, logos, images, text, etc.) is the client’s responsibility unless specifically negotiated ahead of time as part of the project proposal. Content must be provided by client once preliminary design is approved.
- Text content – Copy for all website pages and links needs to be uploaded on Trello project board under respective cards and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at Abigail’s regular hourly rate.
- Copy development – Should a client need Abigail to develop content for the site, written copy is billable at Abigail’s regular hourly rate. Development of content is accomplished through interviews between Abigail and the client about the topic areas to be addressed on the web pages. Abigail will then compose an appropriate copy of content, submit copy to the client for review, edit, and approval. Approved copy is then posted to the web pages.
- Graphical content – Images outside of the website design must be provided in digital form. Subsequent revisions will be billable at our regular hourly rate.
- Graphic Design – any graphic design, such as logos, needed outside of the web design process is not included in web design services and will be billed as a separate service.
- Database Implementation – Entry of data for database applications is considered client’s responsibility. Entry of data by Abigail is billable by her current hourly rate, unless otherwise provided for in customer’s contract.
- Email – Abigail offers free domain-based email accounts to clients as part of any hosting contract. If site is not hosted by Abigail, she takes no responsibility for setting up and troubleshooting email problems.
- Training – A one-time complimentary training will be provided at no charge when the site goes live to help the client make use of their new website and email. Additional training hours can be purchased at Abigail’s current hourly rate via email request. More in-depth training will be offered for live sites at Abigail’s current hourly rate unless otherwise agreed upon in the original contract.
- Technical Support – Abigail offers email and phone support to her clients. Depending on the source of the problem, its severity, and time needed to resolve the issue, hours may be billable. If Abigail is not the source of the problem, technical support will be billable.
7. Domain Transfers and DNS Management
For domains not originally registered with Abigail, there will be a $25 fee to either transfer to the domain into our registration platform, or to transfer-out to another registrar. If your domain is not registered with Abigail, DNS management and troubleshooting tasks are billable at Abigail’s hourly rate.
8. Non-Domain-Based Troubleshooting
Abigail maintains and troubleshoots the websites developed for her clients, as well as any domain-based email accounts of those websites. Abigail does NOT assume responsibility for non-billable troubleshooting on clients’ ISPs (Internet Service Providers), ISP-based email accounts, home or office internet connections, or any other non-domain-based issues outside Abigail’s realm of service. Non-domain-based troubleshooting services will be billable at our normal hourly rate. If Abigail offers to troubleshoot a problem outside of her typical services and the client agrees to billable hours, hours are still billable even if the problem remains unsolved.
9. Liability Against Defects.
Abigail is not liable for damaged caused to hardware or software resulting from the use of the products produced which may include HTML pages, PDF files, images, and scripts. Abigail is not responsible for files lost due to server malfunctions. In no event shall Abigail be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss or use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage. Abigail does not warrant the software used is free of errors or bugs.
10. Rights and Ownership
The client will own the website and website content. Abigail owns any templates used or created in the design process. “Design by Abigail Dean Designs” will be placed in the footer at the bottom of webpages along with your own copyright.