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Creating Digital Excellence
Terms & Conditions
Terms and Conditions for Element Web Designs
1. Scope of Work:
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Element Web Designs (hereinafter referred to as "the Company") agrees to provide web design services to the client (hereinafter referred to as "the Client") as outlined in the project proposal and scope of work.
2. Timeline:
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The Company will provide the Client with an estimated timeline for project completion, including milestones and delivery dates. Both parties agree to make reasonable efforts to adhere to this timeline.
3. Client Responsibilities:
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The Client agrees to provide all necessary information, materials, and approvals in a timely manner to facilitate the progress of the project. Delays caused by the Client may result in adjustments to the timeline.
4. Payment Terms:
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The Client agrees to the payment terms outlined in the project proposal. Payments are due as follows: [Specify payment structure, e.g., a deposit, milestone payments, and final payment]. Late payments may result in the suspension of work.
5. Changes and Revisions:
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Changes or revisions to the initial project scope will be discussed and may incur additional charges. The Company will provide a quote for any additional work requested by the Client beyond the agreed-upon scope.
6. Intellectual Property:
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Upon receipt of full payment, the Client will own the intellectual property rights to the final design. The Company retains the right to use the work for promotional purposes.
7. Confidentiality:
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Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project.
8. Termination of Agreement:
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Either party may terminate the agreement with written notice if the other party breaches a material term. Termination may also occur if mutually agreed upon or due to unforeseen circumstances.
9. Hosting and Maintenance:
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Hosting and ongoing maintenance services are [included / not included] in the project. If included, additional terms and costs will be outlined in a separate agreement.
10. Testing and Acceptance: - The Company will conduct testing to ensure the website functions as intended. The Client is responsible for reviewing and accepting the final product.
11. Warranty and Support: - The Company provides a [specified duration] warranty period for bug fixes and support. Additional support beyond this period may be subject to an agreed-upon fee.
12. Legal Compliance: - The Company will design the website to comply with applicable laws and regulations. The Client is responsible for ensuring the content also adheres to legal requirements.
13. Liability and Indemnity: - The Company's liability is limited to the amount paid by the Client. The Client agrees to indemnify and hold the Company harmless from any claims arising from the use of the website.
14. Dispute Resolution: - Any disputes will be resolved through [mediation / arbitration / litigation] in [specified jurisdiction].
15. Governing Law: - This agreement is governed by the laws of [specified jurisdiction].
16. Communication and Approval: - The preferred methods of communication are [email / phone calls / video conferencing]. The Client is responsible for providing timely approvals during the project.
17. Force Majeure:
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Neither party shall be liable for any failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of war, terrorism, natural disasters, governmental actions, or internet disruptions.
18. Subcontracting:
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The Company reserves the right to subcontract any part of the services agreed upon in this contract. However, the Company remains fully responsible for the fulfillment of its obligations under this agreement.
19. Client Approval and Testing:
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The Client agrees to promptly review and approve design concepts, prototypes, and the final product. Failure to provide timely feedback or approval may result in project delays, and additional charges may apply for subsequent revisions.
20. Browser Compatibility:
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The Company will design the website to be compatible with the latest versions of major web browsers. However, full compatibility with all browsers, including older versions, cannot be guaranteed.
21. Mobile Responsiveness:
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The Company will strive to create a mobile-responsive design that adapts to various devices and screen sizes. The Client acknowledges that the design may look different on different devices.
22. Third-Party Components:
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If the project includes third-party components (e.g., plugins, themes, software), the Client agrees to adhere to the respective terms and conditions of those components. The Company will not be held responsible for any issues arising from third-party components.
23. Design Revisions:
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The Company provides a set number of design revisions as outlined in the project proposal. Additional revisions may be subject to additional fees.
24. Hosting Transfer:
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If the Client chooses to host the website with a different provider, the Company can provide assistance with the transfer, but additional charges may apply.
25. Marketing and Portfolio:
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The Company reserves the right to include the completed project in its portfolio and use it for marketing purposes. The Client may request that certain details remain confidential.
26. Severability:
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If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
27. Entire Agreement:
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This agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether written or oral.
28. Amendments:
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Any amendments or modifications to this agreement must be in writing and agreed upon by both parties.
29. Maintenance and Updates:
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The Company may offer ongoing maintenance and update services post-launch. The terms, costs, and frequency of maintenance will be outlined in a separate agreement.
30. Client Communication:
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The Client agrees to designate a primary point of contact for effective communication throughout the project. All communication, approvals, and feedback should be conveyed through this designated contact.
31. Client Responsibilities for Content:
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The Client is responsible for providing all text, images, and other content necessary for the website unless content creation services are explicitly outlined in the project proposal.
32. Website Backup:
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While the Company may perform regular backups during development, the Client is encouraged to maintain their own backup copies of the website. The Company is not liable for any data loss or damages.
33. Limitation of Liability:
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In no event shall the Company be liable for any indirect, consequential, special, incidental, or punitive damages arising out of or related to the services provided.
34. Communication of Project Progress:
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The Company agrees to provide regular updates on project progress. The frequency and method of updates will be mutually agreed upon.
35. Future Upgrades and Compatibility:
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The Client acknowledges that future upgrades to third-party software, browsers, or devices may affect the website's functionality. The Company may provide upgrade services at an additional cost.
36. Project Abandonment:
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In the event that the Client fails to respond, provide necessary materials, or make required payments for an extended period, the Company reserves the right to consider the project abandoned. The Client will be notified in writing before any such determination.
37. Acceptance of Final Deliverables:
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The Client agrees to thoroughly review and test the final deliverables within a specified timeframe. Acceptance, unless otherwise specified, will be assumed after the specified timeframe has elapsed without objection.
38. Non-Exclusive Relationship:
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The relationship between the parties is non-exclusive, and the Company may provide similar services to other clients.
39. Accessibility Compliance:
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The Company will design the website to be accessible to individuals with disabilities, in accordance with applicable accessibility standards. The Client is responsible for providing accessible content.
40. Independent Contractor Status:
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The Company is an independent contractor, and nothing in this agreement shall be construed as creating a partnership, joint venture, or employer-employee relationship.
41. Non-Solicitation:
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The Client agrees not to solicit or hire, directly or indirectly, any employees or subcontractors of the Company involved in the project for a period of [specified duration] after the completion of the project.
42. Governing Law and Venue:
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This agreement shall be governed by and construed in accordance with the laws of [specified jurisdiction]. Any legal action or proceeding arising out of or relating to this agreement shall be brought in the courts of [specified venue].
43. Client Acknowledgment:
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The Client acknowledges that delays in providing necessary information, approvals, or feedback may impact project timelines and may result in additional costs.
44. Review and Testing Period:
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The Client agrees to a [specified duration] review and testing period after the completion of the project. Any issues or concerns raised after this period may be subject to additional charges.
45. Marketing Services:
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If the Company is engaged to provide marketing services, such services will be outlined in a separate agreement. This may include search engine optimization (SEO), social media management, and other digital marketing services.
46. Client Feedback:
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The Company welcomes constructive feedback during the design and development process. The Client agrees to provide timely feedback, and the Company will make reasonable efforts to address and incorporate the feedback into the project.
47. Final Payment and Delivery:
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The final project files and assets will be delivered to the Client upon receipt of the final payment. The Client will have access to the website files, and the Company is not responsible for any hosting-related issues once the project is delivered.
48. Third-Party Services:
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If third-party services (e.g., domain registration, hosting) are included in the project, the terms and conditions of those services are subject to the policies of the respective third-party providers.
49. Client Review and Approval:
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The Client is responsible for reviewing all project deliverables and providing written approval before the website is launched or any final materials are produced.
50. Future Enhancements:
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The Company may offer additional services for future enhancements, updates, or maintenance beyond the initial project. The terms and costs for such services will be outlined in a separate agreement.
51. Retention of Project Materials:
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The Company retains the right to keep copies of project materials, including design files and code, for its records and portfolio use.
52. [Any Industry-Specific Clauses]:
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Include any additional clauses that may be specific to your industry or the services offered by Element Web Designs.
53. Publicity and Endorsement:
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The Client grants permission for the Company to use the completed project for promotional purposes, including but not limited to the Company's portfolio, website, and marketing materials.
54. Compliance with Laws:
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Both parties agree to comply with all applicable laws, regulations, and industry standards relevant to the services provided and the project.
55. Emergency Support:
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The Company may provide emergency support services outside regular business hours in the case of critical issues. Emergency support rates and terms will be communicated to the Client in such instances.
56. Post-Launch Support:
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The Company may provide a specified duration of post-launch support for bug fixes and minor adjustments. Any additional support or feature enhancements may be subject to separate agreements and charges.
57. Indemnification:
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The Client agrees to indemnify and hold the Company harmless from any claims, liabilities, costs, and expenses arising from the Client's use of the delivered project, including but not limited to content provided by the Client.
58. Future Compatibility:
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The Company will strive to ensure that the delivered project remains compatible with future versions of commonly used web browsers and devices. However, major updates or changes may require additional services.
59. Client Data Protection:
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The Company agrees to take reasonable measures to protect any sensitive information provided by the Client during the course of the project.
60. Design Credit:
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The Company reserves the right to include a discreet design credit or link to Element Web Designs on the Client's website, typically placed in the footer or credits section.
61. Security Measures:
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The Company will implement standard security measures during the development process. However, the Client is responsible for implementing additional security measures for sensitive information, especially if the website involves e-commerce or user data.
62. Accessibility Testing:
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The Company will conduct accessibility testing to ensure the website complies with relevant accessibility standards. Any identified issues will be addressed to the best extent possible.
63. Design Ownership Clarification:
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The Client understands that while they own the intellectual property rights to the final design, certain components, frameworks, or software libraries used in the project may be subject to third-party licenses.
64. Annual Review and Update:
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The Client and the Company agree to conduct an annual review of the project to discuss updates, enhancements, and any changing requirements. This review may result in recommendations for further services.
65. [Any Other Industry-Specific Clauses]:
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Include any clauses specific to the nature of services provided by Element Web Designs.
By engaging Element Web Designs, the Client acknowledges that they have read, understood, and agreed to comply with the terms and conditions outlined in this agreement.