Terms and Conditions by: EcomfidenceUpdated on: 10/10/2024

1. Website Design and Development Terms

1.1 Design Specifications

  • Our standard website development package includes a 5-page design, unless otherwise specified during the initial discussion.

1.2 Third-Party Service Providers

  • Ecomfidence may collaborate with third-party service providers or contractors during the website development process. This may involve sharing your design brief and website content to ensure a seamless development experience.

1.3 Backup of Existing Website

  • It is the client's responsibility to create a backup of their existing website, including design, content files, databases, and scripts. Ecomfidence can assist with this process at our standard commercial rates.

1.4 Client's Responsibility Towards Content

  • Ecomfidence is not responsible for the content provided by the client. Clients must ensure content complies with legal and ethical standards.
  • Content should be delivered within one month of the project start, or it may result in delays.
  • Clients must own digital copyrights for provided images.

1.5 Client's Responsibility Towards Design

  • Clients have 10 days to provide design feedback; otherwise, it will be considered final.
  • Changes after the initial feedback period will be billed at $80/hour.
  • Additional layouts are available for $150 each, payable upfront.

1.6 Template-Based Design Terms

  • Template-based designs are non-refundable and non-transferable.
  • Templates are for Ecomfidence-hosted domains in the 'Business Hosting' category or higher.
  • Clients can only provide text and images for template designs.

1.7 Changes and Revisions

  • Minor errors reported within 30 days of publication will be fixed free of charge.
  • Changes after 30 days will be billed at $80/hour, with 10 changes allowed during the review at no extra cost.

1.8 Payment Terms

  • Static websites require full payment in advance, with a $300 cancellation fee before production and 100% cost after publication.
  • CMS and eCommerce sites require 50% upfront, with the balance due before production. Cancellation fees apply as above.

1.9 Merchant Facility for eCommerce Websites

  • Clients are responsible for obtaining a merchant facility for eCommerce from a bank.

1.10 Technical Compatibility

  • Clients must ensure their server meets Ecomfidence's requirements. We are not liable for incompatibility.

1.11 Training

  • Post-launch training is available at $80/hour for online sessions.

1.12 Website Security

  • Ecomfidence guarantees secure code. Clients are responsible for security after publication.
  • Clients providing third-party plugins are responsible for any security issues they introduce.

1.13 Project Hold

  • Clients can request a hold for up to 6 months with a $100 fee. Longer holds may result in termination without refunds.

2. Project Terms and Conditions

2.1 Understanding

  • Clients should communicate unique requirements to manage expectations. Vague requirements may lead to issues and additional costs.

2.2 Scope Creep

  • All requirements must be defined, with changes incurring additional costs.

2.3 Managing Expectations

  • Clients should communicate challenges to ensure realistic expectations.

2.4 Unforeseen Circumstances

  • Ecomfidence will try to minimize delays from unforeseen events but is not liable for them.

2.5 Third-Party Components

  • Ecomfidence is not responsible for third-party product functionality. Clients should maintain backups.

2.6 Copyrights

  • Ecomfidence owns all copyrights unless purchased. Custom software is included in project costs.
  • Ecomfidence CMS is proprietary and cannot be transferred without an agreement.

2.7 Domain and Hosting

  • Domain and hosting charges are extra unless stated. Ecomfidence can provide hosting references.

2.8 Hosting Solutions

  • For third-party hosting, Ecomfidence must be involved in server selection. Full access is required, and we are not liable for hosting issues.

2.9 Test Access

  • Ecomfidence may restrict access to test servers.

2.10 Tech Support

  • Technical support is provided for 30 days post-launch, with additional support at $80/hour.

3. Ownership and Intellectual Property

3.1 Content

  • Ecomfidence owns all content unless stated, with the right to modify without notice.

3.2 Copyrights

  • Ecomfidence owns all copyrights unless purchased.

3.3 Credits

  • New owners inherit copyrights with the same restrictions in case of business changes.

3.4 Confidentiality and Approval Policy

  • Ecomfidence shares materials for approval, which are confidential.

Client Obligations

  • Clients must not use or share confidential materials without consent.

Restrictions on Use

  • Clients must not share materials on social media or online.
  • Materials cannot be used in marketing or displayed publicly.

Consequences of Breach

  • Ecomfidence may terminate the project and seek damages for unauthorized use.

4. Disputes, Liability, and Indemnity

4.1 Dispute Resolution

  • In disputes, clients must pay for work done and dispute management.

4.2 Limitation of Liability

  • Ecomfidence is not liable for indirect or consequential losses.

4.3 Force Majeure

  • Ecomfidence is not liable for breaches or disruptions due to uncontrollable events.

4.4 Notices

  • Notices can be sent via email, fax, or post, with specific delivery terms.

4.5 Severability

  • Invalid clauses do not affect the rest of the agreement.

4.6 Assignment

  • Clients cannot assign the agreement without consent and transfer fees.

4.7 Change to Terms on Renewal

  • Renewals are subject to changing terms.

4.8 Entirety of Agreement

  • This agreement supersedes all prior agreements.

4.9 Governing Law and Jurisdiction

  • The agreement is governed by state laws, with disputes subject to the courts of that state.

4.10 Joint Liability

  • Liability applies to each and all partners in a client company.

4.11 Consent to Communications

  • Clients consent to communications, with opt-out options for general messages.

5. Payment and Refund Terms

5.1 Currency

  • All rates are in USD, excluding taxes unless stated.

5.2 Mode of Payment

  • Clients choose the payment method, but invoices must be processed as scheduled.

5.3 Standard Payment Mode for International Clients

  • International wire transfers are accepted, with transaction costs covered by the client.
  • Online marketplace payments are accepted, with platform fees borne by the client.

5.4 Milestone Payments

  • Milestone payments are due within 5 working days, before the website launch.

5.5 Project Schedule

  • The schedule may change based on feedback during the project.

5.6 Acceptance

  • Payment indicates acceptance of the quote and schedules.

5.7 Refund Terms

  • Refunds vary, with a maximum of 75% before work starts, 50% after commencement, and none after completion.

5.8 Cancellation Requests

  • Cancellations must be made in writing via email.

5.9 Minor Projects

  • Minor projects require full payment in advance, with changes requested in writing within 2 days.

5.10 Late Payments and Outstanding Invoices

  • Non-payment may lead to debt collection, with associated costs.

5.11 Communication

  • All communication is via email, and clients must keep their email addresses updated.

5.12 Payment for Third-Party Services

  • Payments for domain, hosting, and third-party services are non-refundable and due in advance. Cancellations require 30-day written notice.

5.13 Hosting

  • For third-party hosting, Ecomfidence will transfer the website after full payment.

6. Additional Terms

6.1 Communication and Documentation

  • Ecomfidence communicates and documents in English.

6.2 Custom-Built Software

  • Ecomfidence may use custom software, included in project costs unless specified.

6.3 Proposal Validity

  • Proposals are valid for 15 days, and approvals after this should be reconfirmed.

6.4 Project Closure or Termination

  • Ecomfidence will request payment for work done before closing or terminating projects.

6.5 Refunds

  • Refunds are not provided unless mutually agreed.

6.6 Payment Changes

  • Clients should communicate payment changes through a revised PO.

7. Image Use Policy

7.1 Purpose

  • This policy ensures legal and compliant image use.

7.2 Scope

  • The policy applies to all Ecomfidence teams.

7.3 Responsibilities

  • Sales staff should inform clients about the policy and image sources.

7.4 Image Source Requirements

  • Clients must confirm ownership or permissions for images in writing.

7.5 Best Practices

  • Verify copyright status and obtain permissions to avoid issues.

7.6 Client Communication

  • Communicate the policy and obtain client confirmation during project start.

7.7 Regular Audits

  • Conduct audits to ensure policy compliance.

7.8 Compliance

  • Non-compliance may result in disciplinary action, including termination.

7.9 Review

  • The policy is reviewed annually to stay updated.