Terms of Service
Between Client & Creative Inceptions (Developer)
How We Work Together
1) Consultation via telephone and email - The estimated amount time that Developer and Client will consult via telephone or email: 1 hour for initial meeting; 1 hour for first review/first draft; 1 hour to review final work product.
2) Company logo/photo - If Client provides a company logo and/or photographs, Developer will re-size these to fit Client's website design. Client must provide company photo and logo design in digital format. Client may send digital format photos of owner, partners, staff to be placed on ABOUT and HOME pages (in jpg or gif format). Client may provide additional photos to be inserted to their website pages.
3) Stock photography and graphic design provided by the Developer is owned by the Developer.
4) Client will provide their company information and materials to Developer via electronic communication. Client will provide all content and photos for their website pages. This information is required prior to the Developer being able to deliver a first draft design to Client. Developer will provide custom graphic header and 3rd party template based website page layout licensed to developer. Unless a custom design project is purchased, all websites are based on a licensed template layout, with all other inside pages to be similar design layout. CONTACT page will include an email form. Client may request customization, with additional graphics charges to apply.
5) Final revisions and review by Client - This contract includes two hours of editing on Client's website pages, as requested by Client, during the design phase. Additional changes submitted by the Client after two hours of review and revisions have been made will be billed at the rate of $111/hour. Any typographical errors on the part of the Developer will be corrected at no charge.
6) Developer will upload the website to the internet and review all pages for functionality in current versions of Chrome, Safari, Firefox, Opera and Internet Explorer browsers on both MAC and PC platforms.
7) Upon receipt of Client's approval and final payment for their website, Client's website will be uploaded "Live" to their domain name within 48 hours.
Payment & Delivery Terms
8) Should the Client fail to make payment for services rendered, the Client will lose any and all rights to the use of the website template, design, stock photos, and content as created by the Developer and provided to Client.
9) Estimated delivery time for website design (first draft design for Client review) is 4-6 weeks from time of receipt of Client materials
Ownership & Copyright
10) The website design is sold as a single use item for the Client. Single use item means one website resides on one domain name on the internet. Client agrees not to resell or give this website design or code to any other party without the written consent of Developer. Client may claim copyright rights for content and photos that Client provides, information and content written by and related to Client and copy editing completed by Developer.
11) The HTML source code and all website applications attached to the website are provided under license and Client agrees not to reuse or resell any of the source code or design attached to the website. Your right to use the website and/or Services purchased under this Agreement is not transferable or assignable.
12) Creative Inceptions (Developer) hereby grants to Client the right and license to use the website product developed by this Contract solely in connection with the Client's Website purchased under this contract.
13) Developer retains ownership of all rights, title and interest in and to the tools, content and intellectual property developed, purchased or licensed for the Client. Developer has the irrevocable and perpetual right and license to use, execute, reproduce, display or distribute and prepare derivative works based upon the website design delivered to the Client.
14) Client agrees to keep visible on their site a reference to the website design as provided by Developer in the website page footer.
15) Because the photos provided by the Developer on the Client's website have separate copyright restrictions, the Client agrees not to reproduce photos provided by the Developer on other marketing materials, without consulting us about appropriate copyright use.
16) Developer shall not be held liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the website or any services or products obtainable there from, (b) the unavailability or interruption of the website or any features thereof, (c) your use of the website, (d) the content contained in the site, or (e) any delay or failure in performance beyond our control.
17) Client is responsible to assure they meet any governmental, legal, or ethical requirements of their profession with the content provided on their website. Developer will make the Client's website available for review to the Client's Compliance Officer, at the Client's request.
18) Client's email archiving services are provided by Global Relay. Client is responsible for any and all agreements regarding their email archiving services with Global Relay. Client will communicate directly with Global Relay for all support related to email archiving.
19) Upon delivery of the website to the Client, the Client is free to add and remove copy (text), images, applications, and new web pages, at the Client's expense.
20) A re-use fee of $1800 will be paid to the Developer by the Client, should the Client wish to use a second copy of said website on a separately hosted website and business or domain name. This fee will be paid by Client to Developer for each additional website in which Client uses the website product provided by the Developer.
21) Maintenance and future development: After the website is completed, approved by the Client and live on the Internet, any additions and occasional changes requested by the Client will be billed at the hourly rate of $111/hour, pro-rated to 1/2 hour. This hourly fee is subject to change with or without notice.
Third Party Content
22) Third party content relates to materials such as, Google Gadgets, Website Editor, or links to 'resource' sites, that appear on Client's website or may be accessible via links from the Client's website. Developer is not responsible for and assumes no liability for any mistakes, errors in code or operational functions, misstatements of law, defamation, omissions, falsehood, opinions, representations or any other form of content on material provided by third parties that you have approved as content on your website.
23) Client is responsible for all renewal registration expenses and shall own all right, title and interest in and to the Domain Name and all Intellectual Property Rights related thereto. Approximate annual fee for domain registration renewal is $50/annually which includes support and management.
Website Hosting Services
24) Web hosting services can be provided by one of our hosting partners at the fees and charges identified at time of purchase. Client is responsible for annual renewal hosting fees.
25) Client may purchase and extend their one year contract for hosting, email, domain registration at any time.
Note: These Terms of Service may be altered or added to at any time by the Developer and notification of changes in Terms of Service will appear on this page.