Terms of Service

By selecting us to develop,  redesign or modify your website,  you are in agreement with these terms.

1.  AUTHORIZATION
The client is engaging DesignTech / Leslie Caroline, a sole proprietor, as an independent contractor for the specific purpose of developing and/or redesigning a website. Hereafter, the client will be known as the "Client" and DesignTech / Leslie Caroline will be known as the "Developer."

2.  STANDARD HOSTING SERVICE
It is agreed that Client has the option of securing their own hosting. If client decides website will be hosted by the Developer , then amount quoted will be for one year and must be paid prior to completion of website. If an alternate host is used, the Client agrees to pay all costs for Developer’s work to reroute the website in the event of host failure, billed at $60/hr, with a one hour minimum. Any client that fail to pay on the annual due date specified in the contract will incur a late payment fee of $15. Failure to pay within 5 days of the due date will result in the client’s website(s) being disabled. Re-enabling a website will incur a prepaid $100 re-instatement fee.

3.  DOMAIN REGISTRATION
The Developer will secure a domain name per the choices listed above. All charges incurred in doing so will be billed to the Client as listed above. If the Client already possesses a domain name the Developer will transfer the domain name for a fee, listed above, which includes a one-year renewal. Additionally, the Developer will coordinate redirecting the name-servers of the Client’s current domain name to the Developer’s hosting server(s). If the client desires to maintain his/her own domain name account he/she will be responsible for renewing the domain(s) and redirecting nameservers.

4.  THIRD PARTY OR CLIENT PAGE MODIFICATION
Some Clients will try to independently edit or update their web page contents after completion of the site.

Note however, that if this is done and the Client, or an agent of the Client other than the Developer attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at a rate of $60/hr, with a 2 hour minimum.  

5.  COPYRIGHT / OWNERSHIP TO WEB PAGES AND GRAPHICS
Copyright to the Client provided content shall be vested with the Client. Copyright to any design, source code, search engine optimization,  rests solely with the Developer and cannot be altered or modified by the Client or Client's representative without the expressed written permission of the Developer.  Developer copyrighted items may be used on the Client’s website as long as the Client remains in a working relationship with the Developer. Developer copyrighted items may not be used outside of this current website.

6.  BASE PACKAGE
This agreement contemplates standard branding web pages with a background, layout, text, Client-provided graphics. All website content must be delivered by the Client via electronic methods (via email or on CD). Any non-electronic content, such as hard copy documents or photos to scan will be done at a fee of $60/hour over and above the quoted price of the website. Any additional items needed, such as logo creation, etc., will be estimated in writing by the Developer and signed-off on by the Client before being incorporated.

7.  PHOTO SESSIONS
For Clients in or around Los Angeles, the Developer has the option, at the request of the Client, visit the Client's place of business and capture digital images for inclusion on the Client's web site. If this occurs, a preset price of $60/hour with an additional $25 travel reimbursement will be applied. Photographic retouching of these images is included in this agreement. If photographic capture is necessary and the Client's place of business resides outside Los Angeles travel reimbursement will be determined depending on location, or the Client may choose to capture the photographs independently.

8.  E-COMMERCE
This contract contemplates the possibility of an e-commerce enabled site. If a shopping cart is required for the Client's site the Developer reserves the right to choose the software. The charges for the shopping cart will be listed as an addition to the base price of this agreement. A merchant account for the acceptance of credit cards is the sole responsibility of the Client.

9.  PAYMENT TERMS / WORK FLOW
A minimum deposit of fifty percent (50%) is required to commence work on any website over 2 pages. For websites 2 pages and under the full contract price is due at contract signing. All website content must be delivered to the Developer within 5 days of receiving the Client’s deposit/payment. Once all content is delivered the Developer will provide the Client with a written estimated date of completion. Please note that the Developer has ongoing projects simultaneously, therefore if all materials are not received within 10 days the Client’s project may be assigned a completion date much farther in the future than anticipated, as ongoing projects and other new projects will be given higher priority.

Upon completion of the web site  an invoice will be sent to the Client requesting final payment of the remaining 50% balance plus any additional charges incurred, due within 5 business days. If payment is not made within 5 days of notification the website will be disabled until payment is made, along with a $100  re-instatement fee.

10. CLIENT AMENDMENTS
Developer prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of the Developer's business. To that end, we encourage input from the Client during the design process. The Developer understands, however, that Clients may request significant design changes to pages that have already built to the Client's specification. To that end, please note that our agreement does not include a provision for "significant page modification" or creation of additional pages in excess of our agreed amount, for free. If significant page modification is requested after a page has been built to the Author's specification, we must count it as an additional page, which will incur a charge of $120. Some examples of significant page modification at the request of the Author include:

• Developing a new table to accommodate a substantial redesign at the Client's request.

• Recreating or significantly modifying the company logo graphic at the Client's request.

• Replacing more than 75% of the text to any given page at the Client's request.

• Creating a new navigation structure or changing the link graphics at the Author's request.

• Significantly reconfiguring the Client's shopping cart.

11. UPON COMPLETION OF WEBSITE
Any work on the website by the Developer after completion will be charged at $60/hr in ½ hour increments.

12. SITE MAINTENANCE
All site maintenance requests must be received in writing via email from a designated representative of the Client, on the Client’s letterhead or from the Client’s email address. The Developer charges $60/hour, in ½ hour increments, for all maintenance tasks over 5 minutes.

If you have a Maintenance Agreement with the Developer which offers a discounted rate, the rates specified in the agreement apply.
 
13. COPYRIGHTS AND TRADEMARKS
The Client represents to the Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Developer for inclusion in the Client's web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

14. LIMITED LIABILITY
Author agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's publication of material or use of those materials.

It is also understood that the Developer will not publish information over the Internet which may be used by another party to harm another. The Developer will also not develop a pornography web site for the Client. The Developer reserves the right to determine what is and is not pornography.

15. IDEMNIFICATION
Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with the Developer's development of the Client's web site. This includes Liabilities asserted against the Developer, its’ subcontractors, agents, clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

16. LAWS AFFECTING ELECTRONIC COMMERCE
The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's use of Internet electronic commerce. Author also understands that the Developer cannot provide legal advice.

17. DESIGN CREDIT
Client agrees that the Developer may put a byline on the bottom of each page of the website establishing design and development credit. Client also agrees that the web site created for the Client may be included in the Developer's portfolio.

18. NON DISCLOSURE
The Client agrees  it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person or third party whatsoever.  Confidential information includes but is not limited to price quotes, web development, emails send by Developer to Client.

19. CANCELLATION
Cancellation of the project at the request of the Client must be made in writing. In the event that work is postponed or canceled at the request of the Client in writing, the Developer shall have the right retain the original 50% deposit or full payment. In the event this amount is not sufficient to cover the Developer for time ($60 per hour) and expense already invested in the project, additional payment will be due. If additional payment is due, this will be billed to the Client within 5 days of notification to stop work. There are no refunds of any hosting fees paid annually.