Terms of Service

By paying Wolf Snap Design for our services, you are agreeing to a few terms and conditions:

  • You will pay invoices as presented, promptly. Invoices not paid as agreed, will be subject to a minimum 8% fee per month. For example, if you have $100 outstanding, after 30 days, you will owe $100 + 8% = $108.00. We do add the 8% admin fee to the total outstanding balance, including outstanding fees.
  • Changes to the site after work is completed will be charged at a per-hour rate.
  • We will provide you with a mockup. Once the mockup is approved, additional changes will incur an additional fee.
  • We are NOT responsible for content, photos, security or loss of any/all profit and/or income before, during or after the work is done.
  • Our sole liability to you, in any and all cases, is limited to the price you’ve paid for our services. By paying our deposit, you agree that maximum damages (including punitive damages) will never exceed the amount you have actually paid, for that service.
  • The deposit, and all payments made, are non-refundable.
  • While we offer reasonable ongoing support, we do reserve the right to restrict ongoing support, if in our opinion, support requests are abusive or are being misused.
  • This is not a work-for-hire contract.
  • We ask that you leave our credit line in the footer of your site. If you prefer to not allow us credit for the site programming/design in the footer, you may choose a brand-free option for a one-time payment of 10% of the original cost of the site. (In other words, if your site was $1,000, to remove the branding you’d need to pay an extra $100.) Please respect our copyright and do not remove our credit from your site without permission.
  • This contract is governed by the laws of California. At OUR option, we may choose to use binding arbitration or the courts in Riverside County, California to resolve any disputes. However, should you wish to dispute any issues, you may only use binding arbitration in Riverside County, California. You agree that this choice of venue is binding and that you are giving up rights by agreeing. If service is made via any other courts, you agree to immediately transfer to Riverside County, California and pay any and all costs associated with such transfer. Any action to enforce this Agreement shall be brought in the federal or state courts located in Riverside County, California. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
  • You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and resources with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

We may change these terms at any time, and without notice to you. You agree to abide by the then current terms as shown on this webpage; even if changes were made that you were unaware of at the time.

 

In Short.

You are retaining us, Wolf Snap Designs, to design and develop a web site for the estimated total price as outlined in our previous correspondence. We will let you know if any circumstance arises which might cause the final bill to be more than what we told you and we will also let you know if any activity would incur additional expenses hereunder (e.g., writing text content, searching for photographs, technical support, or the purchase of any item), and attempt to seek your approval. For ease of reference, our daily rate is $1,200.00 (assuming an eight hour day). Of course, there’s a bit more to it, but we’ll get to that.

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. You agree to provide us with everything we need to complete the project including text, images and other information when we need it and in the format that we ask for. 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 at the end of this contract.

We have the experience and ability to perform the services you need.  We will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set. 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.

Getting down to the nitty gritty

Design

We will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you aren’t happy with the designs at this stage, you will pay us in full for all of the work we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the daily rate set out in our original estimate.

XHTML/CSS layout templates

If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid HTML 4.0/XHTML 1.0 markup and CSS2.1 + 3 for styling. We will test our entire markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla (Firefox) and Google. We will not specifically test the site for compatibility with Microsoft Internet Explorer 6 for Windows as this browser is now past its sell-by date. However, we will not knowingly go out of our way to break it either.

We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Google Chrome unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at our daily rate for any necessary additional code and its testing.

Text content

We’re not responsible for writing or inputting any text copy unless we specified it above. We’ll be happy to help though, and in addition to the estimate we will charge you at $150 per hour for copy writing or content input.

Photographs

You will supply us with photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at $150 per hour.

If you require new and/or updated photographs, we can assist in commissioning a local photographer.

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/quotation prices at the beginning of this document are based on the number of days that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged our normal daily rate. Along the way we might ask you to put requests in writing so we can keep track of changes.

Technical support

As luck would have it, we are able to offer Technical Support in addition to our design work. Such Technical Support will be charged at an hourly rate of $150.

As part of this contract we will help you procure and setup hosting at a third-party hosting provider. This initial setup is included in the original estimate of cost.

Legal stuff

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 so 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.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Phew.

Copyrights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

  • You will own a non-exclusive right to the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them very safely as we are not required to keep them or provide any native source files that we used in making them.
  • You also own text content, photographs and other data you provided, unless someone else owns them. We own the HTML/XHTML markup, CSS, JavaScript, PHP and other code and we license it to you for use on only this project.
  • We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design. Since we are proud of our work, we place our brand at the bottom of your site with a link back to our site. In order to do so, you agree to allow us to use, in perpetuity, and without cost, screenshots of your website. Such screenshots may include photos, text, and other miscellaneous work.

It should be understood that, if we fail to perform our obligations, or the agreement is terminated by mutual assent, or, for cause, you will be entitled, upon payment for all work done to that point, to continue to use or deliver to a third party in order to finish the site, whatever material, graphics, source files, etc. that have been produced to date. Such assignment of copyright shall follow the same rules as stated above.

Payments

We are sure you understand how important it is to our small business that you promptly pay the invoices that we send you. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule in our proposal.

Costs incurred

In the event that we need to purchase things for your site, you will be billed for those items. If requested, we will provide a quote prior to any purchases; however, even if we fail to do so, you are still responsible for the item if we consider it necessary for the completion of your site.

But where is all the horrible small print?

Believe us, we hate this stuff as much as you. So, just bear with us. For the most part, it’s the usual yada yada. But, you’ll probably want to read it carefully.

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.

Limitation of Liability: You agree to not hold us liable for any direct, indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by you. Also, if a claim is made, you agree that we shall not, in any event, be liable for any loss or damage in excess of the contract price. But, in no event shall our liability exceed the amount of money you paid for the project in which a dispute arises.

General. This Agreement represents the entire understanding of the parties hereto and supersedes all prior written or oral agreements with respect to the subject matter hereof. This Agreement may be amended only in a writing signed by both parties. This Agreement will be governed by and interpreted in accordance with the laws of the State of California governing a contract made and wholly performed within California. Each party hereto consents to the jurisdiction of the Riverside County, California courts and to the federal courts sitting in Riverside, California. This Agreement may be executed in counterparts.

DISCLAIMER: We disclaim to the maximum extent permitted by law all representations, warranties (express or implied) regarding products, services, quantities, pricing, graphics, software, information, published on our web site or in any other form or location. Data is constantly updated and therefore is not necessarily accurate, current or complete. Provision of the products, services, software, information is on an “as is” basis.

Force Majeure: We shall be under no liability if we shall be unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power of supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency, you may by written notice to us elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.

Insolvency: If you cease to pay your debts in the ordinary course of business or cannot pay your debts as they become due, or being a company, is deemed to be unable to pay its debts or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against him or her, we without prejudice to other remedies shall have the right not to proceed further with the contract or any other work for you and be entitled to charge for work already carried out (whether completed or not) and materials purchased for you, such charge to be an immediate debt due to us.

Our rights: You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and resources with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. If we remove the work, or stop working on the site, because of a breach of this agreement, we are not liable to you for any losses you might incur. We also have no duty to continue work on a site once this contract is violated.