TERMS OF SERVICE
Terms of Service
If you have accepted an estimate, completed your initial non-refundable deposit of 50% of the proposed estimate or have hired me through other written confirmation method, you are now in agreement with the outlined terms. You (hereinafter referred to as “you”, “your” or “client”) are in cooperation with independent freelance contractor doing business as, She Makes Webthings(hereinafter referred to as “me”, “I” or “contractor”) for a specific project of developing and/or improving a website or other digital medium as outlined in the estimate an/or written communication that you have been provided with.
The contractor is authorized to access your account(s) necessary which need to be utilized for this project. The required login credentials for these accounts must be provided upon request. If you fail to provide the necessary information, please be advised that the certain functions and requested integrations may not work properly. You also authorize the contractor to publicize the completed content and extend permission with a link back to be located on a visible but unobtrusive section of the completed project, unless otherwise discussed.
Description of Project & Processes
- The contractor will design and develop the project to meet the general requirements laid out by the client.
- The client is required to provide specifications of the project. For a website, all content will be provided to the contractor to utilize. Such materials may include, but are not limited to: images, written copy, logos and other relevant material. However, if a logo design is part of the project, it will be utilized when completed and approved for use by the client. The contractor may make minor edits to the supplied content for grammar and/or spelling as well as optimizations and adjustments as needed to improve the sites overall usability and experience.
- The contractor and the client must work together to complete the project within a reasonable time. During the designing and development process there is a certain amount of consistent feedback required in order to progress. The contractor will not be responsible if the project remains unfinished or is delayed, due to the client’s inaction or unresponsiveness. If the client does not supply the contractor with project specifications and relevant content within six(6) weeks from the date that the estimate was accepted or six(6) weeks from the date that the deposit was made, without prior agreement, the project may be terminated at the contractors discretion and the entire amount of the contract becomes due.
- During the “Revision Phase” of the project, the client will have up to 10-days to provide feedback and/or make revision requests. If no request are made within the 10-day timeframe, without prior arrangement for an extension, the design will be considered final.
- The contractor will test the work in current versions of major desktop browsers and mobile devices to ensure that a person’s experience of a design is appropriate with the capabilities of the device being used.
- If SEO work is part of the agreed upon work order, white-hat SEO practices will be implemented into the client’s website. This does not guarantee improvements to your website’s search engine ranking, but the web pages that are developed are accessible to search engines.
- The contractor holds no responsibility for the project after it’s completion, any additional support may be provided at will and within reason.
- At the completion of the project, an electronic invoice will be sent to the client via email to the primary address of prior communications. All invoices are due within 14 days from the date of creation. Any past due amounts will incur a 10% interest charge per month beginning from the day of delinquency. In the event of non-payment All costs associated with recovery of a debt will be charged in full including legal fees and court costs in addition to a $50 charge for administrative duties.
Cancellation and Delays
Either party may cancel the contract within reasonable notice of three(3) days, or may be put into immediate effect based on mutual agreement. The deposit fee will be forfeited in lieu of compensation to me to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the time spent on the project exceeds the deposit amount, you may be invoiced for the billable time at the current hourly rate.
However, if a contract is cancelled by the client two(2) weeks from the date that the estimate was accepted or two(2) weeks from the date that the deposit was made, without mutual prior agreement, the project will be terminated and the entire amount of the contract then becomes due.
If a project is cancelled by me, due to unforeseen circumstances, the deposit will be refunded in full in a timely manner.
If the you do not provide required materials and/or information within 6 weeks of the initial request, the project will be considered abandoned. The deposit will be forfeited in lieu of compensation to me. If the project is revisited, the prior agreed upon delivery dates will no longer be valid and there will be a $225 fee to reinstate the project.
Changes or requests which are not a part of the agreed upon work order or estimate may be subject to additional billable charges. Depending on the request, the additional charges charges may be billed at a flat rate or by the hourly rate that I disclose to you, and will be accepted by the client prior to any work being performed. These charges may include but are not limited to : additional pages, purchase or use of premium software or themes, stock photography, fonts, tech support and communication with third party vendors on your behalf, custom functionality and other comparable services or expenses. All accepted billable charges will be documented and a detailed invoice will be provided to you upon completion.
If your project is subject to additional billable charges, my fees are based on the agreed upon flat rate fee or the actual time spent on your project needs plus Hawaii's general excise of 4.166%. If a flat rate fee is not offered, you will be billed at my current hourly rate of $45-65 per hour. The hourly rate will vary according to the degree of complexity with the work that is being performed. I reserve the right to increase or decrease my fees based on the value of the services rendered. These rates are subject to change but you will be informed before any change becomes effective.
Any items created by the contractor including but not limited to logos, mock-ups, website designs, and domain names remain property and copyright of She Makes Webthings until payment is made in full by the client. The Google Drive that is created for your project will remain active and accessible while this project is in effect. If no further work is contracted, the Google Drive folder access will be revoked in 90 days. Once access has been revoked, I hold no responsibility to store files in any capacity for your project.
If you are being billed at an hourly rate for service, all charges will be invoiced at the end of each month. An electronic invoice will be sent to the client via email to the primary address of prior communications unless requested otherwise. All invoices are due within 14 days from the date of creation. Any past due amounts will incur of 10% interest charge on the total unpaid invoice amount, per month beginning from the day of delinquency, unless prior arrangements have been made.
If you are on a maintenance plan, invoices will also be created at the end of each month for the scheduled upcoming service.
She Makes Webthings will complete work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
The contractor will make every effort to ensure accuracy but cannot guarantee that the work will be error-free and so the contractor cannot be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions. These terms of service constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed upon by both parties.
In the unfortunate event of non-payment for the contracted work that has been performed I will make attempts to contact the client to clear the debt.
If payment is not received I will be forced to take legal action to collect the debt that is owed to me. The client will then be fully responsible for any and all incurred fees including but not limited to: interest incurred on past-due amounts starting from the date of delinquency, administrative fees, hourly fees on time spent to personally collect the debt, legal, attorney and advisory fees, collection agency fees and incidental charges related to the attempt to collect the debt. Interest fees will be capped at 75% of the total past-due invoice amount.
She Makes Webthings collects two types of information from website visitors. Personal information as described below; and non-personal information such as information about traffic patterns on this Website.
Personal information is voluntarily provided by clients for communication and billing purposes. This information is not used for any other reason besides client communication and it not sold nor shared with third-party services unless required to by law or legal obligation. If you are contacted for promotional or marketing offers through She Makes Webthings, a valid “unsubscribe” link is provided on all related communication.
Please note that data transmission over the Internet in any form is not 100% secure 100% of the time. As a result, I cannot guarantee the security of the information that you transmit via my online forms and cannot be held liable for data interception. Security has never been an issue, but it is my obligation to present you with this possibility. A phone number is provided throughout the website for direct communication to ensure a higher level of security if necessary.