II. OWNERSHIP OF WEBSITE DESIGN
Upon completion of a custom website design and payment of web design and development fees, the client is the owner of the commissioned website. The client may continue to use the commissioned website to promote the client’s company or organization regardless of whether he/she chooses to continue further services with CWS Web Design. The client does not have the right to resell the design or development to other companies. The client does have the right to add pages onto the existing site or have another company add pages onto the existing site using the commissioned website design /development. The client does not have permission to reuse pieces of our work in a redesigned website that gives another company design credit.
III. OWNERSHIP OF WEBSITE DOMAIN NAME Website domain names are leased from domain name registration companies. When CWS registers a domain name for a client, that registration will be made in the client’s name. Upon payment of any outstanding fees, the client has the right to use that domain name regardless of whether he/she chooses to continue further services with CWS. Domain name renewal and renewal fees are the responsibility of the client. If the client chooses to have CWS renew the domain name on behalf of the client, an additional service fee will apply. Clients are advised to closely monitor the renewal date of a registered domain name and to verify that the renewal of said domain name has been completed. CWS cannot be responsible for expired domain names.
IV. OWNERSHIP AND COPYRIGHT All text and photos used as content in a commissioned website must be provided by the client (unless the client has hired CWS for content development). The client must have ownership or written permission to use all content he/she provides for use. It is up to each client to ensure his/her design and/or content does not infringe on any trademark, service mark, or copyright. CWS cannot be responsible for intellectual property infringements on behalf of clients. Also, CWS cannot be responsible for submitted content. Clients should not mail irreplaceable photos or documents or send content that must be returned.
V. PROJECT INITIATION The initiation of a web design or development project requires a signed or electronically submitted signup form, payment of half of the initial web design/development fees (or payment in full if the entire project is $500 or less), plus the client logo or any other element that is required to be used in the design.
PROJECT TIMLINESS REQUIREMENTS FOR CLIENTS – Projects can be hindered if the client does not provide feedback or required elements in a timely manner, such as feedback on a design mockup, requested sitemaps, text to be used as content on the web pages, photos for either the design or for the content, the client’s logo, appropriate account login information, etc. For that reason, if CWS Web Design is waiting for content or other piece of information, the client will be notified. If the client fails to handle the requests within ten business days, then CWS will take any or all of the following steps to keep the project moving forward in a timely manner:
MOCKUP FEEDBACK – If the client fails to give feedback on the design mockup within ten business days, by default, the mockup is approved. If the client later wishes to change the design, additional charges may apply. SITEMAPS OR PAGE NAMES – If the client fails to provide the requested list of web pages within ten business days, by default, CWS will assign page names. If the client later wishes to change these page names, additional charges may apply. CLIENT LOGO – If the client fails to provide a copy of an existing logo within ten business days, a substitute logo or company name graphic may be used. If the client later wishes to change the substitute logo or company name graphic, additional charges may apply. PHOTO TO USE IN DESIGN – If the client has requested the design include a particular photo, and the client fails to provide the required photo within ten business days, a substitute photo may be used. If the client later wishes to change the substitute photo, additional charges may apply. HOME PAGE TEXT – CWS will provide a content writer for home page text. If, for a period of ten business days, the client fails to be available for a telephone interview with the writer, then the writer will compose the initial text without having interviewed the client, that text will be automatically used, and the client may change it later himself using the content management system (CMS). If the client is available for an initial interview in a timely manner, then the writer will also provide one round of revisions after the initial text has been written. If, for a period of ten business days, the client fails to offer any feedback on the home page text provided, then by default, that text is approved, and the client may change it later himself using the content management system (CMS).
TEXT AND OPTIONAL PHOTOS FOR ALL OTHER WEB PAGES – Unless the writer has been hired for additional pages, it is the client’s responsibility to provide content for all other pages in the website. If the client provides all text (and optional photos) within ten business days, then CWS will add that content to the website. If the client fails to provide content for those pages within ten business days, then CWS will complete those pages with simple placeholder text. The client will have the ability to add more complete content later using the content management system (CMS).
OTHER ELEMENTS OR ADMINISTRATIVE DUTIES – There may be other elements required such as passwords for existing domain names, etc. Regardless of what element may be required, if the client cannot or will not provide the required element or information within ten business days, CWS reserves the right to make substitutions, leave elements out, or take other actions in order to complete the project.
VI. HOW CONTENT MAY BE SUBMITTED All Content must be submitted electronically via email (contact us for the correct email address). Text must be selectable as actual text rather than as flattened images. Both text and photos/graphics must be clearly labeled with the name of the page on which they will be displayed. Content may not be submitted via fax or paper copies. Exceptions to this policy must be approved in advance and may incur a surcharge.
VII. IX. HOW MUCH CONTENT MAY BE SUBMITTED PER PAGE Due to web page load time considerations and the flat rate charged for web pages, there is a limit on what can be included in a single web page. A web page can hold the equivalent of about 2 pages of the content that would typically fit on an 8 ½” x 11” piece of paper. If the content is straight text without any pictures, tables, graphs, etc., this equates to a maximum of 2000 words. If there are pictures, or tables, etc., then less text will fit. Additionally, a web page may include up to a maximum of six photos on a page. A photo gallery page with limited text may contain up to ten photos. If a client’s content does not fit within these parameters, one or more additional web pages should be purchased. X.
VIII. HOW REVISIONS TO A WEBSITE DESIGN ARE HANDLED We take pride in providing attractive designs, and the vast majority of our clients are extremely pleased with the design we create for them. However, design is a subjective art, and not everyone’s tastes are the same. While we will gladly make design modifications for no additional charge while the project is in the mockup phase, it is important to be clear on how revisions to the look of a website design are handled. The web design signup form is the contract that describes the look a commissioned web design project will achieve. Design preferences, such as the look of the site, the color scheme, the functionality, monitor resolution preferences, etc. should be specified at that time, prior to the commencement of any design work. If any design preference stated in the web design signup form was not met, the adjustments will be made free of charge. If the client develops preferences or changes his/her mind after the completion of the work, adjustments will be made by the hour at $90.00 per hour.
IX. DESIGNS FOR SUB PAGES Unless Otherwise specified in the design contract, subpages of any website will use the same design as the home page. Mockups are not provided for subpages. Formatting requests for subpages will be considered but will not be guaranteed. If the client requires specific looks or formatting for subpages, this request should be made at the time of the initial contract and may incur additional fees.
X. HOW WEBSITE UPDATE REQUESTS/MAINTENANCE REQUESTS ARE HANDLED
Clients who have signed up for a maintenance plan receive discounts off the web designer’s hourly rates for website updates. The standard half hour maintenance plan is enough time to add about five photos and a few paragraphs of text. Clients on a CWS web maintenance plan may send update requests via email (contact us for the correct email address). Routine maintenance that fits into the allotted time specified in the client’s maintenance plan is typically completed in about three to four business days. If a client on a website maintenance plan requests more than the scheduled amount of maintenance, he/she will be given a quote and, if approved, the additional work will be completed at a discounted rate of $85.00 per hour and the turnaround time will be based on workload issues. Clients who are not on any maintenance plan may request website updates at the full $90.00 hourly rate and the turnaround time will be based on workload issues. Monthly maintenance plan fees are separate from hosting fees and may be cancelled at any time.
XI. HOW TECHNICAL SUPPORT IS HANDLED Clients whose websites are hosted by CWS have access to emergency technical support 24 hours a day. In the event of a website hosting outage, clients should leave a voicemail message for the Technical Support phone extension, and a technician will be paged. The phone number is listed on the Contact Us page of our website. Please note, technical support cannot be provided for clients’ individual computer issues or for third party products or services. For clients who use the free email that comes with our hosting accounts, the email account password and settings will be provided, but it is up to the individual client to set up his/her email in an email software program or on his/her smart phone. If a client is unable to set up his/her email, the client should contract with a computer service company for assistance.
XII. A CLIENT’S ROLE IN SECURITY A client who utilizes CWS’s hosting service must agree to ensure any software on his/her website is kept current. For example, any client utilizing WordPress, website plug-ins, or other software on the hosting server must ensure the elements are kept up to date at all times in order to ensure the latest security patches are in place. If a client is uncomfortable with the process of backing up the database and updating the software, he/she must hire a qualified webmaster to assist in the process. If a client is uncertain whether this applies to his/her website, he/she must inquire with a CWS staff member. CWS clients are also required to use secure passwords on all logins. A secure password should include a minimum of eight characters, include a mixture of uppercase letters, lowercase letters, numbers, and symbols, and should avoid commonly guessed or hacked elements. These elements include, but are not limited to, a client’s name, name of a spouse/child/pet, birthday or anniversary of self/spouse/child, words included in a standard dictionary, easily identifiable patterns such as 1234, 9876, qwerty, or asdf, or passwords in use with other service providers. If a client fails to protect the security of the server as described above, the client’s account is in jeopardy of possible termination. XV. PAYMENT POLICIES
PROJECT FEES – One-half of the initial website design and development fees is due upon project initiation. Upon project completion, the remaining balance is due in full within five business days.
GOING LIVE – Once the remaining balance is paid in full, the completed website will be moved from the staging server to the client’s server so the website will go live. After the new website has been live for 48 hours, CWS will install the content management system (CMS) and register the client’s website with Google, Yahoo, and Bing search engines.
NON-PAYERS – If the balance on a completed project has not been paid within ten business days, a 10% penalty will be added. For example, if the remaining balance on a completed project is $1,000, and that balance has not been paid within ten business days, the new balance on the complete project will automatically be increased to $1,100. Balances that are not paid within 30 days will be reported to a credit bureau. Balances that are not paid within 60 days will be turned over to a collections agency.
MONTHLY FEES – Payment for monthly services such as Hosting and Maintenance are due within net 20. CWS charges a late fee of 10% of the total outstanding balance for invoices not paid by the end of the calendar month (net 25). Accounts at net 60 are at risk of termination. Clients experiencing financial hardship should contact CWS to discuss payment options.
XIII. BILLING ERRORS If a billing error is noticed, the client should immediately contact CWS. Refunds of overpayments will be made for up to a maximum of three months, so clients are urged to check billing statements regularly. Refunds of more than three months will not be processed. Additionally, CWS reserves the right to bill clients for accidental undercharges for a maximum of up to three months.
XIV. SEARCH ENGINE GUARANTEE Most every client would like his/her website to rank high in search engine results for selected keywords, yet search engine results are determined by a multitude of constantly changing factors, third party search engines, and the amount and quality of competition on the world wide web. CWS guarantees certain search engine-friendly techniques will be used in the creating of each custom website, such as keywords in the title bar, the meta tags in the hidden coding behind the scenes, and alternate text behind some images. If the keyword placement in these three areas is not to the client’s liking, CWS will change these three items to the client’s choices one time for free. Subsequent or additional changes will be billed at the standard hourly rate. Additional search engine optimization (SEO) services are available for additional fees. CWS cannot be held responsible for search engine results.
XV. SEARCH ENGINE OPTIMIZATION, SOCIAL MEDIA MANANAGEMENT, AND MARKETING PLANS Our Marketing Plans offer a variety of services, including search engine optimization and social media (Facebook, Twitter, etc.) management. These plans require a three-month minimum since it takes time to ramp up the effectiveness of these campaigns. After three months, the Marketing Plans convert to month-to-month plans, which may be cancelled at any time with a 45-day written notification. Services provided in the marketing plans will be specified in a written agreement since plans may be tailored to meet each client’s needs. No service or standard of service is implied unless in writing in the agreement, thus, clients must be sure to specify any specific request (such as a particular number of followers or a particular social networking tool used, etc.) in writing.
XVI. QUALITY GUARANTEE We take pride in offering high quality services and professional customer service. While we make an effort to ensure every aspect of our service is to the client’s liking, we cannot control every variable. It is up to each client to regularly test the functionality of his/her website, email, and any other product or service to ensure everything works as desired. If any problem is discovered or error has been made, please report the problem to us immediately so we may take appropriate action. We cannot be responsible for perceived loss of revenue under any circumstances. Changes resulting from a client’s error and/or problems related to third party vendors or technology, such as hosting servers or browser software may result in additional charges.
XVII. TERMINATION OF SERVICES If the client changes his/her mind about doing work with CWS during the course of the initial web design or development phase, the client will be responsible for the amount of work already completed. Depending on the amount of work completed at the time of cancellation, this may mean receiving a full refund, a partial refund, no refund, or owing additional fees. In order to protect clients from unintentional service interruption, clients wishing to terminate any services must request the service termination in writing.
XVIII. THIRD PARTY VENDORS Third party vendors may have separate terms of service agreements. CWS cannot be held liable for disputes with third party vendors, regardless of whether or not the service is part of a reseller agreement or referral. CWS cannot be held responsible for lack of functionality or any other aspect of third party services.
XIX. REFUSAL OF SERVICE CWS does not accept projects that promote hate, intolerance, pornography, animal exploitation, or any other unethical practice. CWS reserves the right to decline to do business with any client for any reason.
XX. WEB SERVICES API TERMS OF SERVICE
2- Modifications: California Web Solutions is constantly innovating in order to provide the best possible experience for its users. California Web Solutions reserves the right to change the form and nature of the Service that CWS provides (e.g., to charge for access to the API or to set a maximum number of CWS Web Services You may access through the API) with or without notice. In addition, CWS reserves the right to release subsequent versions of the API, but in accordance with Section 3. Due to things like changes to the law or changes to functionality offered through the Service. CWS will issue an announcement to all active and paying clients of changes and modifications.
3- Deprecation: If CWS in its discretion chooses to cease providing the current version of the Service, whether through discontinuation of the Service or by upgrading the Service to a newer version, the current version of the Service will be deprecated and become a “Deprecated Version” of the Service.
5- Advertising: CWS reserves the right to include advertising in the CWS Web Services provided to You through the Service.
XXI CHANGES TO TERMS OF SERVICE CWS reserves the right to change these terms of service at any time for any reason.