** This is an electronic version of our web development agreement (for viewing purposes only). **
Purpose of this Agreement
We (FernGullyGraphics) will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a written agreement so both parties can have a full understanding of what is expected (from a vendor and consumer stand point). We have done our best to keep the context of this agreement as simple as possible, however should you have any questions, do not hesitate to ask. After you have read through the agreement, please sign/initial where necessary and fax (800-590-6985) or scan/email back to us at email@example.com
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 that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work in a timely manner, along with provide necessary feedback so we may complete your project in a timely manner.
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.
Scope of Work
In this agreement you are hiring FernGullyGraphics to build your website (with your feed-back/participation), however we are building your website 100% according to the specs provided by FernGullyGraphics. This includes, but is not limited to choosing the web hosting environment where your website will be hosted, coding languages (HTML/PHP..ect) to develop your website, layout (how your content is displayed) or any other part of the development process we feel will work best for your website.
If at any point during the development process you would like to use the expertise and skill sets provided by FernGullyGraphics staff to work on a project (or portion) that will be developed 100% according to your specs. FernGullyGraphics will require a separate agreement which we will bill at $50.00 per hour.
Our primary goal is to complete your project as fast as possible (with-out sacrificing quality). Time frames can vary depending on how long it may take for you to provide is with certain elements (photographs, text, content..ect). Overall (assuming all items are providing in a timely manner).
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 you or your company, or that you have permission to use them (downloading images from google and sending them to us is not ok, purchasing images from Istock/Getty and then sending them to us is ok.
Once full balances have been paid in full, you own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files (including a copy of your database) which you should store. Once a project is complete, it is your duty to insure you have a back-up of the website we have created for you.
FernGullyGraphics reserves 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 (unless otherwise stated).
As a general rule of thumb, any custom graphics created for you by FernGullyGraphics (logos, flyers..ect) are free to use as you please (assuming balance has been paid in full). However, as a general rule of thumb, there are times where we use 3rd party imagery (we will be using Istock/Getty images IF needed for your project). If this is the case, please follow the licensing information here: http://www.istockphoto.com/help/licenses any questions can be directed to Legal@FernGullyGraphics.com
Payment Terms/Refund Policy
Full Payment for the project (no partial payments) are due within 7 days of the agreement being signed and invoice being delivered. FernGullyGraphics has the right to postpone any work until full payment is delivered (regardless of whether this agreement has been signed or not).
The project amount is fully refundable (minus a 10% cancellation fee) if the project is cancelled within 72 hours of receiving your initial payment. You are still entitled to receive a 50% refund should you decide to cancel (as long as the cancelation is made during the design process vs coding/content insertion (which once in coding/content insertion has begun) no portion of the project amount is refundable. If FernGullyGraphics fails to complete your project (according to spec) in a timely manner (as outlined in this signed agreement), you are entitled to a 50% refund.
If for whatever reason, you decide to cancel. You understand (depending on payment method, a refund will be issued no earlier than 30 days from original payment and no later than the 45th day.
If you are a current web hosting client of FernGullyGraphics, courtesy support will be extended to your website (for the length of your subscription). Otherwise you have 30 days of courtesy support, which at that point if any additional support is needed, you will either need to host your website with FernGullyGraphics or sign-up for a website management plan. Either way FernGullyGraphics will make every effort to support your website to the best of our abilities (post website launch).
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Stanislaus County courts (California), where your project will be developed. By signing this agreement I hereby understand the terms/conditions of this contract.