We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won't find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what's best for the safety of both parties, now and in the future. Any price is subject to change, but we will always inform you ahead of time of any changes. We may also require a signed statement (or digital signature sent via email) if any such changes occur. We will never surprise you with charges, or require payment of charges without prior notice, usually via email. We are not responsible if you didn’t read emails that we send out. It’s imperative that you review any communication we have with you.
What do both parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization, and you agree to all of the terms in this contract. You certify that you are of full legal age to enter into this contract. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, in the format that we ask for, and that you have the right to use such material (with no violation of any trademark/copyright). You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out in this contract.
We are very proud of the work we do. We often showcase things we have done, and you agree to allow us to do so in any way we see fit. Don't worry... once paid for the designs are yours... we just show it off which can actually increase your business as well. It's like free advertisement :)
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set, but we can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
DAHMediaDesign is not liable for any taxes or other fees to be paid in accordance with or related to purchases made from you or the Internet Server. You agree to take full responsibility for all taxes and fees of any nature associated with such products sold.
Once paid for, the design is yours and watermarks will be removed. Websites will not be published until it is paid for in full. For designs, I will provide you with a large scale, hi-resolution (300dpi) image in PNG format. Let me know if you need specific sizes/formats (ie... for letter head, billboard, business card, JPG etc...)
You will be informed of any changes and you will be responsible for the price difference with 30 days prior notice.
We use “blocks” of time. We have found that doing this rather than hourly charges can save our clients money. We want to be fair and we want what works best for you.
$20 | 5-10 min simple changes
$50 | up to 30 min for changes
$80 | up to 60 min for changes | This is our lowest rate.
1. Length of Service/Contract: Client agrees to an initial twelve (12) month contractual term of service (“Term”). Either party can cancel this agreement at any time with a 30 day written notice as long as all payments due and all contracted amounts have been made in full. If you ever have a problem or for any reason aren't happy with our services, please let us know before canceling so that we have the opportunity to provide you with what you need. Your happiness with our services is what's important to us, and we will do all we can to help. If ever there are any revisions or changes, you will immediately be notified at least 30 days prior to any changes taking effect, and we will both sign an additional agreement as to such.
2. Service start date: Any Designs can be done with a payment arrangement. Half down is required for us to start your design. Once completed, nothing will be released, watermarks will not be removed, and designs will remain property of DAHMediaDesign until payment is made IN FULL. For web services, all payments must be paid in full, and if setup charges apply, that is also due BEFORE files will be released/loaded to any server, unless there is a signed mutual agreement for a different arrangement.
3. Failure to pay: If payment is not made by the invoice due date, you will be sent a Past Due Notice and afforded a five (5) day opportunity to pay all balances owed. If the balance is not paid by the said date, it is cause for suspension/removal of your web site files from the internet. You agree that we will not be held liable for any removal or disconnection. If disconnected, your website will be restored only upon full payment of outstanding invoices, plus a $100 fee to reload files. If I do not receive the payment IN FULL for ANY design within 30 days of our agreement, DAHMediaDesign owns all rights and ownership of the design(s), and is able to alter, change, re-design, and/or sell any design in any way we see fit, and any money paid is forfeited, you will be billed for any work that has already been done, and we reserve the right to pursue legal action, at your expense, to collect any unpaid monies owed.
4. Refund policy
a. As detailed above, cancellation must be in writing with 30 days notice.
b. Setup charges are not refundable under any circumstances.
c. Any design charge is not refundable under any circumstances.
d. Refunds of renewal fees paid to DAHMediaDesign shall only be made for fully unused calendar months of hosting service that you wish to cancel. SSL and domain/privacy payments are non refundable under any circumstances.
e. There will be NO refund of any money under any circumstances should this agreement be broken/terminated.
DAHMediaDesign is not responsible for any content of any page, and the views expressed are your sole responsibility. We do not review Web pages after the initial publishing of the Site. We reserve the right to remove any page/content from the Site at any time without notice. We provide space for Web Pages & Sites but we make no warranties about the reliability of these pages. We are not responsible for any damage caused by loss of access to, or deletion or alteration of web pages; individual Users are responsible for monitoring their pages. We keep a copy of all ORIGINAL files which can be re-published for a minimum fee of $100, depending on the size of the site and the amount of work that needs to be done. Additional fees may apply. We are not responsible for any changes or information that may have been lost. If you make changes to your site, inform us as soon as possible so that we can update our files as well to limit any information loss in case something goes wrong. If you feel you made a mistake, call right away and we will do what we can to help.
DAHMediaDesign's Services may only be used for lawful purposes. Transmission of any material in violation of any Federal, State, or Local regulation is strictly prohibited. This includes, but is not limited to:
- Any use of copyrighted material without the express permission of the author or owner, or material protected by trade secrets
- Pages that exploit the images of anyone under the age of 18.
- Material that is grossly offensive, including clear expressions of bigotry, racism, or hatred.
- Messages, web pages, or communications of any kind that promote illegal activity.
- Material that is obscene, defames, abuses or threatens others.
- Making available copyrighted software which has been “cracked” - i.e., the copyright protection has been removed from the software.
- Making available serial numbers for software which can illegally validate or register software;
- Making available tools which can be “crack” software.
For websites, we will create designs for the look-and-feel, layout and functionality of your site. For any design, you can make 1 (one) round of large revisions. Any large changes beyond that will be charged at our normal rates as listed above. Our website fee includes a free month of hosting if you allow us to host your site. If at any stage, you're not happy with any designs, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at our normal rates or unless we agree in writing on another price.
We're not responsible for writing or inputting any text copy unless we specified it in the original estimate. We'll be happy to help though, and in addition to the estimate, and we will charge you at our above listed rates for copy writing or content input. (This does not include the obvious simple text.)
You will supply us photographs/videos either in digital or printed format. If you choose to buy stock photographs/videos we can suggest vendors of stock photography, or we can do this for you, and any time we spend searching for appropriate photographs will be charged at our normal rates as listed above and you will be fully responsible for any fees to acquire any rights for the photos/videos. We do have a local photographer that we use for our clients that does excellent work at reasonable prices. If this is of interest to you, let us know, and we will further discuss the details and costs.
Changes and revisions
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don't want to limit either your options or your opportunities to change your mind.
The estimate/quoted prices that we agree to are based on and estimated time that we will need to accomplish everything that you have told us you want to achieve (normally no more than 30 days, not including eCommerce). If you do want to change your mind, add extra pages or templates or even add new functionality, that won't be a problem. Depending on the changes, you may be charged additional fees. Along the way we might ask you to put requests in writing so we can keep track of changes.
One of the great things about working with us is that we are able to provide all the services you'll need for your site, now and long-term. Allowing us to provide your hosting services will greatly benefit you. It's much easier for us to load sites and make changes, which means our time will be cut in half, which means you pay half as much for any maintenance. We have awesome Technical Support. The contact number you will have is my direct number, and I can be reached at anytime. If for some reason I don't answer, leave me a message and you will be contacted shortly thereafter.
If you already have professional or in-house web site hosting, great. We can do that too. If you don't manage your own web site hosting, we can set up an account for you at any third-party hosting provider you choose. We will charge you a one-time fee of $100 for installing your site on this server, and any additions or any statistics software such as Mint or Google Analytics you may want will be charged separately. If you choose to maintain the site yourself or “in-house,” then updates, management, and any support issues will be up to you. If you want us to maintain your site through a 3rd party hosting provider, we can do that as well for additional monthly fees. Please understand that we have no control over a 3rd party hosting server, options may be more limited, and it may take more time for us to maintain/load/update your site.
We can't guarantee that the functions contained in any web page templates or in a completed web site will always be error-free, and we can't be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages. We will always do all we can to provide top quality service. Down time is rare, but for different reasons, which are mostly out of our control, it can happen.
We make no guarantees on any services. We will not be responsible for any damages or loss, including loss of data, for any reason. Use of any information obtained by way of DAHMediaDesign is at the Client's own risk. We do not guarantee speed or availability of end-to-end connections. We are not responsible for any non-accessibility time or other down time during the system unavailability.
Under no circumstances, including negligence, will DAHMediaDesign or our affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our Server services that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to our records, programs or services.
We are to be held harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns; including but not limited to:
1. any injury to person or property caused by any products sold or otherwise distributed in connection with our Server service;
2. any material supplied by you infringing/allegedly infringing on any proprietary rights;
3. copyright infringement; and
4. any defective product which you sell/sold on the Server offered by DAHMediaDesign.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for the designs are either owned by you, or you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project when paid in full. Once you have a copy of your files/designs, should store them safely as we are not required to keep them or provide any native source files that we used in making them. We always save files, but in the event that something happens/ if for some reason we lose any files, we are not responsible for any such loss. You own text content, photos & other data you provided, unless someone else owns them. We own the PSD files, XHTML markup, CSS and other code and we license it to you for use on only this project unless otherwise stated in writing.
Domain Name Ownership, Disputes, and Use
In the case that there is a dispute over your domain name/ownership because of a legal/trademark violation, we need to be sure that you will do what's necessary to settle that dispute. We reserve the right to discontinue service under said name in such a situation, and we are in no way, shape or form responsible or liable for any type of interruption, damage or loss to you and your business. We will work together to find an alternative solution.
If we register a domain name for you, so long as you pay for that registration, and all debts to DAHMediaDesign are paid in full, you own that domain name, and we claim no ownership what so ever. If you owe money to us, we have the right to not allow access to that domain unless or until all debt owed to DAHMediaDesign is paid.
Sometimes we need to contact a 3rd party for administrative, testing, and network infrastructure enhancement purposes, among other things. This is to insure you of top quality service and to make sure everything works smoothly with your services. We just want to be sure that you are aware of this and agree with that.
Termination of Service:
We may terminate, cancel, suspend or delete any and all information, communications, Postings, or Web Pages, and this agreement at any time, without notice, and without penalty for any violation of the terms of this agreement. This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be by postal or email transmission. Failure to remit payment due as agreed is also cause for termination of services.
To transfer services, there is a $200 charge + any internet transfer fees that might incur. This covers our time to export, sort, copy, and transfer all necessary files, images, coding, etc. Any additional expenses are at your sole expense, and must be paid in full before a transfer takes place.
So where is all the horrible small print?
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious, and this contract is a legal document under jurisdiction of any United States court. This contract and any other contract you may have with DAHMediaDesign, constitute the entire understanding of the parties. All terms in all contracts continue as long as service continues.
Monthly Maintenance Packages:
Basic - $100/month – minor updating (1½ hour/mo)
Full Service - $200/month – minor updating (2 ½ hours/mo) & 1 major update per year (up to 1 hour)
Super Saver - $300/month – minor updating (3 ½ hours/mo) & 1 major update per year (up to 1.5 hours)
Do-It-Yourself – $100 setup fee if using 3rd party hosting; No monthly charge; changes/updates with regular rates.
In order to have your website launched within the time-frame discussed, we will need to receive all of the information and materials needed to complete your site. We must receive this information and these materials in a timely manner, or you will risk deviating from the schedule and significantly delaying the launch of your site beyond the quoted time-frame. Please review the Website Process if you haven’t already. Understanding this document is vital to the project being completed in a timely manner. The estimates of time spent on your project in the Website Process document are based on our experience, and also assume the client remains on schedule.
Please observe the following policies and procedures:
1. Deviating from the system that we have created and put into place based on years of experience will cause your project to lose its place on our production schedule and extend the time-frame for its completion.
2. A lack of responsiveness to our phone calls and emails will cause your project to lose its place on our production schedule, delaying its progress and completion.
3. Failure to provide us with the information and materials we need within the allotted time will cause your project to lose its place on our production schedule, delaying its progress and completion.
4. Our production schedule is built based on the information we have received from each of our clients. We cannot predict when we might receive any given information from any given client. Due to the volume of clients we are working with, it can take multiple business days for your project to be put back into the production schedule. The longer you take to get us any requested information, the longer it will take to get you back into the schedule. There is only so much we can schedule for each week, and what we schedule is based on when we receive information needed to move forward to the next step on any given project.
5. Any deadlines associated with your project (for example, advertisements you have scheduled to run, events you have coming up, important times of the year for your business, etc.) must be established before the project begins. We will not be able to clear out our schedule to get your project done if a previously unknown deadline is brought to our attention halfway through a project. To manipulate the schedule in this manner would be unfair to our other clients.
6. If we have not heard from you for a period of thirty (30) days, you will lose your place on our schedule. There is no guarantee when we will be able to get your project back on schedule once this stage is reached.
7. Throughout the course of the process, you will be asked for your approval on several aspects of your new website (the Navigation, the homepage design, the photos, the project site, etc.). Once approval is given on any aspect of the site, we will move forward immediately. Any changes you wish to make thereafter will be subject to additional charges.
8. Each of our quotes are based on the total time the project is allotted. Going over your time budget will incur additional costs. Our number one priority is getting you your completed website without going over the budget. Due to this, extensive phone calls, excessive back and forth, and continual changes are to be avoided if at all possible. Time spent discussing your project is already budgeted.
9. In an effort to be as efficient and as cost-effective as possible, our process is designed to be completed in stages. It is therefore of vital importance that any changes or edits you wish to make at the key points of the process be given to us all at once, so that they may all be done at the same time. This policy is designed to keep your costs down.
10. If for any reason, your test site is built and not approved for launch for over a week you will be charged for hosting at a rate of $19.99/month from that point forward. We will use the credit card we have on file for this charge. Once the test site is built, we have to pay to have it hosted and cannot afford to pay for your test site’s hosting indefinitely.
There are 3 different types of cookies that are used on the Internet.
Session cookies are temporary cookies. They store information about your current session, and then are erased when your browser is closed. These types of cookies are often used to track things like the items you put in your shopping cart, or to store temporary security information, such as may be necessary when accessing your bank’s website. This is why, when you log off from your bank’s site, it will usually advise you to close your browser window. Doing so will remove any session cookies. Session cookies are the least likely to raise privacy concerns, and many of them fall into that “strictly necessary” category.
Permanent cookies, sometimes call persistent or stored cookies, are placed on your device’s hard drive and not deleted when your browser is closed. These cookies can be used to recognize users when they return to your site, track their viewing patterns within your site in order to improve the user experience, and provide data for your analytics programs. Permanent cookies can store information for an indefinite amount of time, so they are very useful when trying to create a customized user experience or analyze return visitor behavior. They can also be used for advertising purposes and, when third party ads are present, can cause your user information or computer information to be shared with other websites. This is where much of the privacy concern over cookies comes into play.
Browser Independent Cookies
Browser independent cookies, such as Flash or Silverlight cookies, act a lot like permanent cookies, except they aren’t stored by your browser. Instead, they are stored in their respective program files. This makes them a bit trickier to delete, as you may need to install a separate program, such as Adobe’s Flash Cookie Remover. For website owners, they can provide a valuable tool, since they can be used to back up traditional cookie data. That way, even if a user deletes their cookie files, your website can still recognize them and provide the same custom experience by retrieving their information from the Flash cookie.
Feel free to follow the link below for more information on Cookies and how they are used.