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Website Design TOS
Our Warranty:
D Koder Marketing warrants that to the best of its knowledge, all work provided will be original or properly licensed, and not knowingly infringe upon the intellectual property rights of any third party.
We will always do our best to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
Disclaimer:
D Koder Marketing makes no guarantees regarding specific website traffic, search engine rankings, business outcomes, or uptime unless explicitly agreed to in writing
Summary
[Company/Business Name] (you, your) are hiring D Koder Marketing (we, us, our) located in Bath, Pennsylvania to design and develop a website for the quoted total price in your Estimate.
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images, fonts and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback, and sign-off approval in a timely manner and are bound by any deadlines that we set together.
You also agree to keep to the payment plan set out in this proposal.
We have the experience and ability to perform the services you need and we will carry them out in a professional and timely manner. We will work to meet all the deadlines set, but are not responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved our work on time at any stage. We will also maintain the confidentiality of any information that you give us.
Once project cost is paid in full to D Koder Marketing any elements of text, graphics, photos, contents, trademarks, or other artwork furnished to you for inclusion in the website are owned by you.
Scope of Work
Any work not specifically listed in the Estimate shall be considered out of scope. Changes requested after approval of a design or site preview must be submitted in writing and will be quoted separately.
We will create a design for the look, layout, and functionality of your website. This contract includes one main design and three opportunities for you to make revisions to the final design. If you are not happy with the design at that point, we will provide you with an additional quote for extra design work needed.
Text Content
We will write the content for each page between 300 and 2,000 words per page. If you are providing the content it will state that in the estimate under the message field. If you do not want us to write the content that is okay, but note that if you change your mind mid way through the website design process it will be an additional cost above the Estimated price.
Photographs
If needed, you will supply us photographs either in digital format. If you choose to have us buy stock photographs that is fine and included in this price. If no photos or videos are supplied we use 123RF.com and istockphoto.com - Stock photography will not be purchased without your written approval; watermarks will show on the stock photos that we select.
Changes and Revisions
The estimated prices in this proposal are based on the time we estimate we will need to accomplish everything that you have told us (DKM) you want to achieve. If you do want to change your mind, add extra pages or templates, or even add new functionality, that won't be a problem. At that time you will be provided with an additional quote for the extra work.
A ‘revision’ refers to a change to existing design elements or content (e.g., layout, colors, text corrections). A ‘change’ refers to additional pages, new features, or major restructuring and is considered out of scope.
Estimated timelines will be provided in your project Estimate. Timelines may shift based on client responsiveness, content delays, or scope changes.
Technical support
As agreed, the estimate provided includes the installation and set up of your site on Wix server as well as the implementation of Google Analytics and the other features mentioned in "Your New Website." We do not offer or include technical support for other services outside the website we are designing and hosting. If you have a third-party application that you are using you must go through their tech support.
Ongoing website maintenance, updates, or backups are not included unless specified in a separate agreement. The client assumes full responsibility for maintaining the website after delivery.
Hosting
There are three (3) hosting services that you may need and monitor on a yearly basis. D Koder Marketing can provide all three or you can use your current service provider(s). If you are moving to a Wix.com Content Management System (CMS) you are required to host your website with Wix.com - no exceptions. The client is solely responsible for maintaining access to any third-party hosting, domain, or email services unless otherwise specified. D Koder Marketing is not liable for loss of service, data, or access due to third-party outages or account mismanagement.
Domain Hosting
We like to use GoDaddy however we have customers that use Namecheap or Google Domains which is okay. If the domain is in your account and we do not have access to the domain it is NOT our responsibility to know when renewal is coming up.
If we set up the domain we will put the domain registration in your own account and link ourselves to the account. We also recommend adding privacy protection to every purchased domain you use for business. The length of time between renewals is up to the client; we recommend 3+ years. If you are using WordPress as your CMS we recommend the domain and website hosting be in the same place.
PRO NOTE: Be careful of mailed letters that state your domain is about to expire; make a payment. A lot of times these are coming from third party companies that are trying to transfer your domain from your current registrar to another provider such as their own.
Website Hosting
When built on the Wix cloud you MUST host with Wix. For the WordPress sites we build, we will host with GoDaddy or WPX, however some customers will use AWS, HostGator, SiteGround and that is okay. Website Hosting is renewed yearly, but can also be stretched between renewal periods of 3+ years. The term of hosting is up to you.
Email Hosting
Business email services we use are Google Workspace ($100/per year/per license and subject to change not in our control) and Office 365 (we can offer at as low as $5/per month/per license and subject to change not in our control) If you are using your own email setup that is fine, but we will need to make sure we copy the DNS master file along with the MX records before changing nameservers/hosting providers if selected.
Legal
- If you wish to cancel our agreement and stop the design work, you may do so and we will retain the initial payment for the work completed to date. Either party may terminate this agreement in writing. In the event of termination by the client, D Koder Marketing shall retain the deposit and bill for any work completed up to the date of termination. All deliverables created to that point will be provided to the client in their current state.
- We are not 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 website and any other web pages - even if you have advised us of the possibilities of such damages. We can't guarantee that our work will be error-free - we are human.
- The client agrees to indemnify and hold harmless D Koder Marketing against any claims, losses, or legal fees arising out of materials provided by the client or misuse of the website once delivered.
- 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.
- Copyrights You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by you, 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 will give you a copy of all files and you should store them carefully as we are not required to keep them or provide any native source files that we used in making them. Editable design files (e.g., PSD, AI, JPG, PNG files) and custom code repositories are not included unless otherwise specified in writing.
- You also own text content, photographs, and other data you provided, unless someone else owns them. Wix owns the HTML markup, CSS, and other code and We license it to you for use on only this project.
- Neither party shall be held liable for failure or delay in performance caused by circumstances beyond their reasonable control, including but not limited to natural disasters, power outages, or internet service interruptions.
- D Koder Marketing agrees to keep all proprietary or sensitive information confidential and not disclose it to third parties without your consent, except as required to fulfill the services outlined.
- If the client fails to provide feedback or sign-off within 14 days of final delivery, the project will be deemed accepted and completed, and final payment will be due.
- We also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles, and in books.
- D Koder Marketing WILL NOT put a discreet text link at the bottom of the website page(s).
Payments
As agreed, our payment schedule will be as follows, but may be revised based on further conversations between us.
50% of total fee upon agreement of initial design: [deposit fee]
30% of total on delivery of the website (preview): [second fee]
20% of total fee on completion of the project: [balance]
The project stops when payment is due.
You cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the courts of Northampton County, Pennsylvania. In the event of a dispute arising out of this agreement, the parties agree to first attempt resolution through informal negotiation. If unresolved, the matter shall be submitted to mediation in Northampton County, PA before any legal proceedings may be filed.
Contacting Us
If there are any questions regarding these terms, you may contact us using the information below.
D Koder Marketing
2497 Cherrywood Ln
Bath, PA 18014 - USA
Agreement:
By signing this agreement or submitting the initial payment, you acknowledge that you have read, understood, and agree to these Website DesignTerms of Service.