Summary:
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In our terms and conditions you won't find complicated legal terms or large passages of unreadable text. We have no desire to trick you into agreeing to something that you might later regret. We do want what's best for the safety of both parties, now and in the future.
In short
You are hiring us, (Hometown Marketing Group, Inc.), located at 2834 La Mirada Dr., Suite E, Vista, CA 92081 for branding/ logo development services for the quoted price as outlined in the project proposal submitted. Of course it's a little more complicated, 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 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 from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all deadlines set but we can't be responsible for a missed deadline if you 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 a design composition for the look, feel, layout, and functionality of your website. This includes one main design plus the opportunity for you to make up to three rounds of revisions. If you're not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this agreement or continue to commission us to make further design revisions billed at $65 per hour.
Text Content
We may have written a best-seller but we're not responsible for writing or editing any text copy unless we specified it in the original estimate. We'll be happy to help though, and in addition to the estimate you will be billed $65 per hour for copywriting/ editing services.
Photographs/ Imagery
You will supply us with digital imagery for your project. If you would like us to select and purchase stock photography for you, we are happy to do this and will bill you for the licensing rights for any photos purchased. Another option would be to purchase your own stock photography. We will recommend venders as necessary.
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/quoted prices within your project proposal are based on the number of hours 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, revise content after submission or add new functionality, that won't be a problem. You will be charged $65 per hour for additional work required. Along the way we might ask you to put requests in writing so we can keep track of changes.
Completion Date/ Abandonment of Project
It is our goal to work with you expeditiously so that we can complete your project in a timely manner. If you are unable to adhere to the predetermined timeline your project could be delayed significantly. If we have requested specific information from you and it’s not received within 30 days, a continuation fee of 10% of the total contract price will be added to the project total. In the event we do not hear from you within a period of 45 days or more, your project is considered abandoned and is closed. If you wish to re-open an abandoned project an administrative restart fee will be charged.
Technical Support
In the event your website includes self-managing tools you will be provided a 1 hour hands on tutorial. If assistance is needed beyond this initial tutorial we are happy to help you, but you will be charged at $65 per hour.
Payment Schedule
We are sure you understand how important it is as a small business that you pay the invoices we send you promptly. As we're also sure you'll want to stay friends, you’ll agree to stick tight to the following payment schedule.
One half of the project amount is due upon the start of your project. 30 days later, a second payment of 25% of the project total is due. The final balance is payable once your project has been completed.
Delinquent bills will be assessed a $20 charge. If payment is past due, all work will be stopped until billing is current. In the event a payment is outstanding after 30 days, a 10% penalty will be added for each month of delinquency. We reserve the right to remove your website from viewing if final payment is not received within 30 days after the completion of your project. If collections prove necessary, the client agrees to pay all fees incurred by that process.
Refund Policy
You will be given a 7 day grace period should you decided to cancel your project. Any work completed prior to your request will be billed at $65 per hour and the remaining balance will be refunded.
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 website 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 own the graphics and other visual elements that we created for you. We will give you a copy of all files and you should store them really 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 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. We also reserve the right to display a “Designed by: HMG†link in the footer of your completed website.
Warranty
If your project includes a web application or software development, we will ensure the product performs as intended for 90-days after the completion of the install. If the product breaks, we have the option to either fix it or refund the client for all or a portion of the development or license fees not already paid out to third parties. This limited warranty does not extend to unsatisfactory performance due to factors beyond our control such as, but not limited to, the client or an agent other than us attempts to update the site’s pages, infrastructure, or source files in a way that causes damage to individual pages or the site’s architecture. Time necessary to make any repairs will be assessed at $65 an hour.
We will test the completed website in current versions of all major internet browsers including those made by Safari, Internet Explore and Mozilla. We will not test websites in old or abandoned browsers, for example Internet Explorer 5 or 5.5 or previous versions of Safari or Mozilla unless otherwise specified. If you need to show the same or similar visual design to visitors using these outdated browsers, we will charge $65 per hour for any additional coding necessary and its testing.
Legal stuff
We can't be held liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of any claim for damages whatsoever.
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.
But where is all the horrible small print?
Just like a parking ticket, you cannot transfer this agreement to anyone else without our permission. These project terms and conditions stays in place and need not be renewed.
Any questions concerning these Terms and Conditions should be directed to:
Hometown Marketing Group, Inc.
Address: 2834 La Mirada Dr., Suite E, Vista, CA 92081
Phone: 888.744.0464 (Mon-Fri, 9:30-5:00 pm PST)
Fax: 888.744.046
