At Kelowna Website Design, our desire is to delight our clients. To ensure your satisfaction, we would like to clarify the terms of our client/designer agreement.
1.Mutual Agreement: Kelowna Website Design, located at 1725 Dolphin Ave, Kelowna BC, V1Y 8A6, agrees to act as an independent contractor for a specific project of developing and/or improving a website to be installed on the client’s web space or on kwd hosting service. The client hereby authorizes kwd to access this account, and authorizes the web hosting service to provide kwd with “write permission” for the client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes kwd to publicize their completed website to web search engines, as well as other web directories and indexes.
2.Website Package Price: The content of the web pages will be supplied by the client and executed by kwd as specified by the client.
3.Maintenance and Hourly Rate: This agreement includes minor web page maintenance to regular web pages (not store product pages) over a two-month period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text unless this service, which will be billed for as an additional service, has been agreed upon previously by the client. If the client or an agent other than kwd attempts updating the client’s pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time. The two-month maintenance period commences upon the date the client makes the first payment.
4.Changes: Changes requested by the client beyond those limits will be billed at the hourly rate of $60. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an online store, art, photo, graphics services, and helping clients learn how to use their own web page beyond the training period.
5. Completion Date: Kwd and the client must work together to complete the website in a timely manner. We agree to work expeditiously towards this goal. The average site can expect to be finished within 1 month of deposit. If the client does not supply kwd with complete text and graphics content for all web pages contracted for within six weeks of the date of first payment, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within two months after payment, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised.
6.Payment Plan: Clients often prefer a payment plan and so we are happy to offer reasonable financing terms. The website remains property of Kelowna Website Design until the final payment is made.
7.Assignment of Project: Kwd reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion.
8.Legal: Kwd does not warrant that the functions contained in these web pages or the Internet website will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will kwd be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if kwd 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 sever able from this agreement and shall not affect the validity and enforceability of any remaining provisions. This all being said, kwd will do everything in its power to make sure every site works, stays up, is ranked, and overall is a great website. We take pride in our work.
9.Payment of fees: In order for kwd to remain in business, payments must be made promptly. Delinquent bills will be assessed a $20 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. Kwd reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective once the client pays for his or her website.
10.Amounts and Refunds: This agreement begins with an initial deposit, generally a minimum of 50%. If the client halts work and applies by registered letter for a refund within 15 days, to the Manager of Kelowna Website Design, Jeff Paulson, #8 565 Bernard Ave, Kelowna BC V1Y 8R2, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 15 days of initial payment for the site. Hosting will be refunded in full, minus all direct costs.
Any Kelowna Website Design client agrees to the terms of this agreement on behalf of his or her organization or business.