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.