Acceptance of Terms
This Terms of Service (TOS) agreement is between you (Client) and Consult Coder (Primary designer/site owner & employees or affiliates.), a kolkata, India based private limited company, and its legal successors and assigns. Consult Coder Limited may do business under the names, Consult Coder Web Solutions, Consult Coder, or Consult Coder Limited Web Design, among others.
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Consult Coder’s services, including but not limited to, submission of content to Consult Coder’s design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.
Consult Coder Limited provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS.. By using Consult Coder’s services Client agrees to (and hereby signs) the most current version of the TOS.
Client’s acceptance of the TOS is binding upon all Consult Coder Limited services including the purchase of additional services or additional websites or accounts at a later date.
I. DESCRIPTION OF SERVICE
Consult Coder Limited designs and hosts websites and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, flash, web-traffic reporting, database development, easy interface for updating the website, email accounts and additional website-related services. Client understands that Consult Coder’s services may include certain communications from Consult Coder Limited such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to Consult Coder’s services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access ConsultCoder’s services.
Ia. Scope of Work
Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Client invoice and/or Database Specifications Summary lists the specific features, functionality and number of pages purchased. The website only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.
Ib. Website Change Requests Before and After Website Goes Live
Consult Coder Limited agrees to build a website and/or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at Consult Coder’s standard hourly rate. Consult Coder Limited is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If Consult Coder Limited does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
Ic. Enhancements to Website
Client may purchase enhancements to the website at the time of initial sale or anytime thereafter. Enhancements to the website may include, but are not limited to, custom programming, database, flash, e-commerce, logos, galleries, rollovers, etc. Client’s requests for enhancements to the original sale will be due and billed separately and at the time of request. The monthly hosting fee will be adjusted according to the enhancements requested or the hosting package selected by Client.
Some enhancements such as, but not limited to, flash, custom programming, functionality, etc, may require that a specifications summary be presented to the Client. If the Client does not object to the specifications summary within 5 business days, the summary will be deemed to be accepted, and Consult Coder Limited will proceed with the development as outlined. Once work has begun on enhancements purchased by the Client there is No Refund if cancelled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.
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 Consult Coder Limited. 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.
III. OWNERSHIP OF WEBSITE DOMAIN NAME
Website domain names are leased from domain name registration companies. When Consult Coder 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 Consult Coder Limited. Domain name renewal and renewal fees are the responsibility of the client. If the client chooses to have Consult Coder Limited 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. Consult Coder LimitedeCommerce Web Solutions 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 Consult Coder Limited 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. Consult Coder Limited cannot be responsible for intellectual property infringements on behalf of clients. Also, Consult Coder Limited 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 for custom website design or the entire setup fee for blogs or templates, plus the client logo or any other element that is required to be used in the design.
VI. TEN BUSINESS DAY GUARANTEE
Ten Business Day Guarantee on Mockups – Consult Coder Limited takes pride in handling requests in a timely manner. Starting from the date of the project initiation, Consult Coder Limited will submit an initial mockup to the client within ten business days or the client will be entitled to a $100 discount off the second half of the initial web design fees. If the client requires modifications to the design or has other elements to mock up, such as Flash animation, the same two-week guarantee applies on subsequent mockups starting from the time the feedback is given on the previous mockup.
Ten Business Day Guarantee on Information-Based Websites – Also, starting from the date on which the client submits all content and any other administrative needs (passwords, etc.) or the date on which the client approves the mockup (whichever is later), Consult Coder Limited will convert the approved mockup into website format and add the text for the home page and all sub pages within ten business days or the client will be entitled to a $100 discount off the second half of the initial web design fees. This guarantee applies only to information based sites. The turnaround time on e-commerce sites or websites with custom programming or add-ons are based on the size of the project and the list of other projects in the development queue.
VII. PROJECT TIMLINESS INCENTIVES AND PENALTIES
Consult Coder Limited cannot complete a website if the client does not provide content (the text and/or photos to be used in the website) or other required elements (pre-existing logo or account login information, etc.). If Consult Coder Limited is waiting for content or other pieces of information, the client will be notified. If the client fails to handle the requests in a timely manner, the website may be delayed. (Professional writing and photography services are available for a surcharge if the client needs assistance with content development.)
In order to keep projects on track, Consult Coder Limited offers incentives and penalties. If a client provides all content (text & photos) and other required elements within ten business days of project initiation, the client will receive a $50 discount off the website design fee. (If our writers and/or photographers are responsible for the client’s content, this content rebate will not apply.) Alternatively, if the client has not submitted all content and other required elements within 30 days of project initiation, client will be billed $30 per month for every month the project is delayed.
If the client-driven delays continue, Consult Coder Limited will complete as much of the project as possible without the missing elements. In order to keep all accounts current, Consult Coder Limited may bill for the completed project and add missing elements later at they are received. If more than 60 days from the website design and build has passed, and the client still has not submitted the remaining missing content, Consult Coder Limited reserves the right to consider the project complete in its entirety and bill for all future work.
VIII. HOW CONTENT MAY BE SUBMITTED
All content must be submitted electronically via email (contact us for the correct email address) or on CD mailed to Consult Coder Limited, P.O. Box 329, Sunny Side, GA 30284-0329. 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 it will be displayed. Content may not be submitted via fax or paper copies. Exceptions to this policy must be approved in advance and will incur a surcharge.
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 and ½ 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. OUR DESIGN GUARANTEE
We take pride in providing attractive designs, and the vast majority of our clients are extremely pleased with the designs we create for them. However, design is a subjective art, and not everyone’s tastes are the same, so it is important to be clear on how design revisions are handled.
The written agreement form is the contract which describes the look a commissioned web design or other 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. After the project requirements are in writing in the initial agreement form and the project has been initiated, a designer will provide the client with a mockup of the intended design. The client may request changes to the design while the project is in this mockup phase, and the designer will make reasonable changes to please the client, within the scope of the written project requirements. If minor, reasonable design modifications are insufficient to please the client, the designer will require a sample of a design that would please the client that the designer may use as an inspiration for the revised look. This design sample may be in the form of an emailed graphic or a link to any live website. The designer will incorporate elements of (but will not copy, duplicate, or copyright-infringe) the sample design. If any design preference stated in the signed agreement 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 $20.00 per hour. Also, while mockups are an effective preview of a final design project, please note that minor variations occasionally occur that may be outside of our control, such as variations in line height from one browser to another, differences in color settings on monitors versus printed ink colors, etc.
XI. 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 sub pages. Formatting requests for sub pages will be considered but will not be guaranteed. If the client requires specific looks or formatting for sub pages, this request should be made at the time of the initial contract and may incur additional fees.
XII. HOW WEBSITE 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 to ten photos and a few paragraphs of text. Clients on a Consult Coder Limited web maintenance plan may send update requests via email (contact us for the correct email address). Routine maintenance which 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 $20.00 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. (See details under the Termination of Services section.)
XIII. HOW TECHNICAL SUPPORT IS HANDLED
Clients whose websites are hosted by Consult Coder Limited have access to emergency technical support 24 hours a day. In the event of a website hosting outage, clients should call the Consult Coder eCommerce Web Solutions office to report the issue. If it is a holiday or after hours, the client should leave a voicemail message 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.
XIV. PAYMENT POLICIES
One-half of the initial website design and development fees are due upon project initiation. Upon project completion, the remaining balance is due in full within five business days. 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. At that time, Consult Coder Limited will also register the client’s website with Google, Yahoo, and Bing search engines. Payment for monthly services such as Hosting , Maintenance, and/or Marketing are due within net 20. Consult Coder Limited 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, including the suspension of a website or the removal of a website from the server, resulting in a loss of website traffic and a drop in search engine ranking. Clients experiencing financial hardship should contact Consult Coder Limitede to discuss payment options.
XV. BILLING ERRORS
If a billing error is noticed, the client should immediately contact Consult Coder Limited. Refunds of overpayments will be made for up to a maximum of three months, so clients are urged to check billing statements regularly. Additionally, Consult Coder Limited reserves the right to bill clients for accidental undercharges for a maximum of up to three months. Refunds of more than three months will not be processed.
XVI. 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. Consult Coder Limited guarantees certain search-engine friendly techniques will be used in the creating of each custom website, such as keywords in the title bar at the top of the browser and meta tags in the hidden coding behind the scenes. If the keyword placement in these areas is not to the client’s liking, Consult Coder Limited will change these two 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. Consult Coder Limited cannot be held responsible for actual search engine results.
XVII. 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. SEO services, social media management, and other marketing services include work performed for agreed upon compensation. Consult Coder Limited cannot be held responsible for actual search engine results, social media outcomes, or other results which are outside of our control.
XVIII. WEB HOSTING SERVER LOAD LIMITATIONS
Clients who use Consult Coder Limited hosting services must respect server load limitations. This means that clients may not use our servers to send spam or other emails at a rate faster than 500 messages/hour. Additionally, websites which utilize dynamic coding may cause a server strain at times, especially when higher traffic volume is at work. In extreme cases, this may cause the server administrator to shut down the offending website. While we do not limit the number of email accounts a Consult Coder Limited hosting account may have, the overall diskspace and bandwidth/traffic allocation of the web hosting/email server are specified according to the hosting plan the client signed up for. If a client exceeds these allocations, a larger web hosting package may be required.
XIX. 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. Content 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.
XX. TERMINATION OF SERVICES
If the client changes his/her mind about doing work with Consult Coder Limited 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.
XXI. THIRD PARTY VENDORS
Third party vendors may have separate terms of service agreements. Consult Coder Limited cannot be held liable for disputes with third party vendors. Consult Coder Limited cannot be held responsible for lack of functionality or any other aspect of third party services.
XXII. REFUSAL OF SERVICE
Consult Coder Limited reserves the right to decline to do business with any client for any reason.
XXIII. CHANGES TO TERMS OF SERVICE
Consult Coder Limited reserves the right to change these terms of service at any time for any reason.