Terms of Service
(revised 02/14/2008)
1.Preface
This is the Terms of Service for On The Dot Web Design, now known as the company. The paying customer, potential customer or person browsing this website is now known as the client. This document goes hand and hand with all Web Development Contracts and non contract jobs the company performs unless stated otherwise by the company. The company hold the right not to notify the client in the contract about this document because you have already read it and agreed to the terms by browsing our website and getting price quotes form us. By signing a development contract, paying development down payment, hosting payments or requesting development quotes or estimates you agree to the term within this document.
2.Liability
Unless otherwise noted the company is not liable for any damages that our services, website or external links from our website may cause. The company is not liable for any financial loss due to our web development, graphics development, web hosting, maintenance or any other product or service that we offer.
3.Contracted Work
The company has regular contracted workers. These worked are not to be considered "outsourced" and do not fall in the category that will need such documents as "non-disclosure" or "privacy statements". These contracted workers are considered to be trusted by the company and are not outsourced work.
4. Software Limitations
Unless otherwise noted all software provided by the company is released on a per-license basis. When having websites developed you may not resell, distribute, copy, clone, give away or use the software on more than one (1) domain name without purchasing other software licenses fro the company. If the development contract states that all work will be released fully to the client upon completion the contract over power article 3 of this Terms of Service.
5. Client Supplied Media and Information
The company is not responsible for supplying any text content for a website. If companies contract that has sections "project scope" and/or "product" that states what the company will give to the client for a finished product this is not what will be made by the company, only what will be included In the final site. The client is responsible for supplying all text content, photographs, sounds, domain names, important information to developers and any other material the company requests form the client. The client should supply the content in a fast means (within 5 days) or it will breach any development contract and hinder the project from being done by the due date (if the project has a due date). If the client can not provide the content in five (5) days he should make a written request for an extended amount of time to the company email via the Contact Page of this website, it is up to the company to grant or deny the request. The company requested information and media includes but is not limited to, photographs, documents, file downloads, domain names, name of the website, text content for articles, text content for menus, text content for titles, text content for introductions, and personal information needed for shopping cart and merchant applications (driver's license copies or Social Security Numbers). The client is not responsible (unless arranged by the customer and company) for general layout graphics, xHTML, HTML, CSS, PHP, Ajax, Java script or any other programming code.
6. Company Responsibilities
The company is responsible for providing the clients with the service(s) that were sold to the client. If the service(s) were web development the company is responsible for taking the client supplied media and information (see article 4) and presenting it in a organize, good looking fashion in a web browser using layout graphics, xHTML, HTML, CSS, PHP, Ajax, Java script or any other programming code. The website should be functional and easy for an average person to use (unless stated otherwise in a development contract). If the service(s) were web hosting the client should create a web hosting account for the client. the company will provide the resources that are outlined in a hosting contract or on the "Hosting" page of the company website located at http://www.OnTheDotWebDesign.com/hosting.php . The company should do everything in its power to keep the web servers the clients accounts are on accessible to viewer and live on the World Wide Web. By purchasing hosting from the company the client understands that servers the clients hosting account is on may not be owned by the company. The servers may be leased, rented or prepaid form a 3rd party company and resold for profit from the company. If the services were maintenance the company should supply the maintenance to the website or hosting server as often as the contract of job scope states.
7. Warranty
The company offers a 6 month warranty on all websites created by the company. The warranty only covers programming that was not done correctly or human error. The warranty does not cover third parties features being broken including but not limited to Google Adsnese, PayPal features, shopping carts programs or other advertising means. The client understands that the warranty is void if anyone not authorized by the company works on, changes, adds features, subtracts features or does anything else to the website programming code or graphics. If the company finds evidence of this when acting on a warranty claim the client will be responsible for payment of the claim in the amount requested by the company prior to work completed.
8.Payment (PayPal, Wires, Transfers and Echecks)
Any payments clients make to the company should be made through PayPal unless otherwise noted by the company. The PayPal address the money should be sent fro, to be supplied by the company prior to payment due. Products or services that require monthly payments should also be made to the company supplied PayPal address. Monthly payments later than two (2) days may require a late fee of 10% and a reactivation fee. Web hosting accounts that are more than two (2) days late will be suspended meaning the hosted website(s) will be taken off the World Wide Web until payment and extra fees are received and processed by the company. Clients who do not pay for their contract amounts, services, and/or final invoice values will have their account information sent to a Credit Collection agency so the company can retrieve lost funds. A clients account will only be sent to the collection agency if the account is more than thirty (30) days past due. Down payments on Web Development Contracts are refundable unless otherwise noted in the contract. The company however will keep any actual expenses they incurred during the development of the project from the down payment, these expenses include but are not limited to contract labor costs, web hosting costs, Internet connection costs, other service bought for use on the project, employee salaries or wages, traveling expenses, photographer expenses and anything else that was an expense that was related in any way to the project. Also if the client breches contract or elects to stop development the client will be responsible for any company exspenses that are more than the down payment. In this situation an invoice that lists in detail will be sent to the clients email address, if the invoice goes over thrity (30) days past due the account will be turned over to a Collection agency. On special circumstanses the copany may request a personal of business check be mailed to the company mailing address. If the company check is returned to the bank a $45USD fee will be applied to the customers outstanding balance, if the balance becomes more than thrity (30) days past due the account will be turned over to a Collection Agency. Cusomters paying via PayPal with an ECheck are chatged a $10 administration fee on top of the final invoice value. If the Echeck does not clear our bank (or PayPal) and is returned the client will be chagred a $45USD fee that will be added to the customers poutstanding balance. If a clinet wishes to pay with an Echeck they should first contact the company. If a client is requested to pay the company via bank or wire transfer the clinet is responsible for all fees associated with the transaction/payment. Any paypal disputes, claims or credit card chargebacks will result in your website immediatly being taken off the World Wide Web and your user access to your hosting account will be suspended until further notice.
9. Legal Rights
The company owns all legal rights to the project until final payment has been made to the company. This includes but is not limited to graphics, text, programming code and photgraphs. Upon final payment a one license version of the software will be release to the client unless otherwise noted in the Web Development Contract. This licesed copy may be put on one domain name and not resold, given away of duplicated without purchasing additional licenses from the company.
10. Privacy
The company will not release any clinet data unless it is being used to collect payments or requested by law enforcment. The company does not sell, lease, rent give away or post client email addresses, contact information or any other personal data. The company may collect client drviers license copies or social security numbers as part of merchant accounts, PayPal payment methods or other reasons that will be explained in detail to the customer. These items will only be used for the reasons or account set up, maintence or integration but may also be used to collect past due accounts and the information may be submitted to a collection agency.
11. Jurisdiction
All legal actions brought upon the company shall be in the Jurisdiction of Natrona County, Wyoming unless noted differently in a Web Development contract.
12. Delivery or Product
The comapny will request where and how the product should be devivered to the clinet. The company will only install websites, grpahics or website features to a clinets web server if the client gives written perrmission. If the clinet does not respond to how he/she wants delievery of the prody the product will be put in the company archive and will be considered abandon. A clinet may request a product mailed to them on CD or DVD for a fee of $20USD unless otherwise agreed upon in a Web Development Contract. The best way of product delivery is through email in a compressed file format.
13. Revsions
The client underatnds that any graphical and/or coding and/or content revisons are not fress unless noted in the Web Development contract. Most Web Development contracts will include a set amount of revisions. If the clients Web Development Contract does not include a set amount of revisions allowed for graphics, coding and content revisions the client will be charged per revision. The cost of the revisions will be added to the final invoice value and the slinet is aware they may not always be notified of these additiaonal fees. The company does not have a set price for revisionse due to the wide range of possible revisions that can be made to the many aspects of a website. The client agrees that he/she will pay all revisions requested. Furthermore the client understands revisons may need to be made because of lack of information provided by the client to the company, in this case the clinet agrees to still pay all fee for revisions. Since the revisions are part of the project they will be added to the final invoice value for the site. If the revisions are not paid the site will not be released and th terms under the "Payment" section of this Terms of Service will be executed.
14. Contract Breaches
Any contract breaches must be reported to the company by the client or the client by the company no more than 24 hours after the breach. If the parties does not report the breach to the other party within 24 hours the breach is considered forgiven and at no time after this can the effects or pelenties of Breach of Contract be brought upon the company from the client or the client from the company.
All contract clients understand not following these terms will be a breach of contract.
If you do not agree to these terms please do not pay any down payments, sign any contract or ask for any price quotes and we kindly as you leave our website.
