Latest update: 06/01/2016
 

Payment Obligations, Renewals, and Cancellations

  1. Website Development Payment Obligations: A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee, but may vary with the total projected cost of your website. The remaining projected balance on your website is due within 30 days from the start of your website. This payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that Triad Web Design gets paid for performing their duty under the proposal, despite tardy content from the client.
    1. APPROVAL OF WORK: On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and any remaining balance on the project price will become due.
    2. REJECTED WORK: If you reject any of our work within the 7-day review period and not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as complete and take measures to recover payment for the contracted work.
    3. PAYMENT: Upon completion of the 7-day review period and before the launch of website on your domain name, we will invoice you for any remaining balance of the project (ie, charges for additional programming or features requested by client, additional pages requested by client). We reserve the right to remove any Web Design Project from viewing on the Internet until any final payments are made. You unconditionally and personally guarantee the payments. In case collection proves necessary, you agree to pay all fees (including all attorney’s fees and court costs) incurred by that process
    4. Website Finalization: After website completion, Triad Web Design Service will still post outstanding content AT NO CHARGE for 4 weeks. In the event an "under construction" page is posted due to missing content, Triad Web Design will post ONE copy of any text/pictures on existing pages only, for up to 4 weeks after completion date. After the four weeks have expired, content posted to site will be billable at our current regular 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 our current regular hourly rate.
  2. Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. Triad Web Design may elect at its sole discretion to offer a partial refund depending upon the circumstances.
  3. Stock Photography Payment Obligations: Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of client for use in website development is billable at a minimum of $10 per picture. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $10, in which case we will solicit client approval and communicate the price before purchasing.
  4. Description of Ongoing Costs: There are 2 types of ongoing costs: domain registration and hosting.
    1. Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly PREFER that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.
    2. Hosting: This cost recurs annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly PREFER that you do. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with Triad Web Design to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.
    3. Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Triad Web Design fifteen (15) days before the renewal date that you do not wish to renew the account.
    4. Sites NOT Hosted by Triad Web Design: Should client decide to host their site on another server, Triad Web Design cannot guarantee the all elements of the site will work. Triad Web Design will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Triad Web Design believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
  5. Website Maintenance: There are no required maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System, or installing a blog. For work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.
  6. Website Maintenance Payment Obligations: Depending upon the nature of the website changes, prepayment may be required. Should the client be invoiced after the changes are completed, the invoice is due upon receipt. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $35 reposting fee added to the outstanding maintenance invoice balance.

Development Process

  1. Homepage Design: Once the site design is approved by the client, usually via email consent, the design is considered ready for implementation. We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.
  2. Navigation: Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.
  3. Content: Provision of content is customer's responsibility, unless specifically negotiated ahead of time as part of the project proposal.
  4. Supply of Materials: You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
    1. Text content: Copy for all website pages and links needs to be delivered digitally 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 our regular hourly rate.
    2. Copy development: Should client wish Triad Web Design to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via Triad Web Design Services interviewing the client about the topic areas to be addressed on their web pages. Triad Web Design then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.
    3. Graphical content: Images outside of the website design must be provided in digital form or in a form that can be easily scanned, unless otherwise provided for in customer's contract. Subsequent revisions will be billable at our regular hourly rate.
    4. Database Implementation: Entry of data for database applications is considered client’s responsibility. Entry of data by Triad Web Design is billable, unless otherwise provided for in customer’s contract.
    5. Email: We offer free domain-based email accounts to our clients as part of any hosting contract. If site is not hosted by Triad Web Design, we take no responsibility for setting up and troubleshooting email problems.
    6. Training: For websites with administrative control panels or content management systems, two (2) one-hour training sessions will be provided.
    7. Technical Support: We offer free local and long-distance phone support to our clients. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If Triad Web Design is not the source of the problem, technical support may be billable.

    Non-Domain-Based Troubleshooting

    Triad Web Design Services maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients' ISPs (Internet Service Providers), ISP-based email accounts ([email protected], [email protected], etc), your home or office internet connections, or any other non-domain-based issues outside Triad Web Design Services's realm of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.

    WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

    You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

    LICENSING

    Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.

    SEARCH ENGINES

    We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

    CONSEQUENTIAL LOSS

    We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

    DISCLAIMER

    To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Triad Web Design Service under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

    SUBCONTRACTING

    We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

    NON-DISCLOSURE

    We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

    ADDITIONAL EXPENSES

    You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

    BACKUPS

    You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

    OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

    We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

    GOVERNING LAW

    The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of North Carolina. You and Triad Web Design Service submit to the non-exclusive jurisdiction of the courts in and of Caswell County, NC in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

    CROSS BROWSER COMPATIBILITY

    We endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

    E-COMMERCE

    You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Triad Web Design Service and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

    WEBSITE CREDITS

    You agree that the credit of "website designed by Triad Web Design Service" or similar language placed upon your website is to remain intact, unless you request permission from Triad Web Design Service. Any permission shall be granted via email or in writing.

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Address:

Triad Web Design Service
1150 Revolution Mill Drive, Studio 1
Greensboro, NC 27405

Phone Number:

(336) 478-6620

Fax Number:

(336) 478-6621

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