Westmoreland Designs Terms of Service

Our desire is to delight the client. One way is to make clear our understandings with each other. These are the terms of our agreement together:

1. Authorization. I, the client, am engaging Westmoreland Designs as an independent contractor for the specific project of developing and/or improving a World Wide Website. If the services are for improvement of a currently hosted site, client hereby authorizes Westmoreland Designs to access this account, and authorizes the web hosting service to provide Westmoreland Designs with "write permission" for the client's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Westmoreland Designs to publicize their completed website to Web search engines, as well as other Web directories and indexes.
2. Standard Website Package Elements. Westmoreland Designs includes the following elements in their Standard Website Package:
   
   
   • Email/phone consultation (Up to 2 hours total general Internet orientation education, marketing strategy and Webpage design consultation. Additional education and consultation is at our hourly rate for HMTL/CSS.)
   • Words of text supplied by the client (200 words per page approximate maximum if not supplied electronically. Webpages of more than 1,200 words of text may be subject to additional fees, especially if they require a great deal of formatting.)
   • Links to external pages, up to an average of 3 per page.
   • Custom Graphics Package. Masthead graphic on first page (simple custom graphic incorporating your company logo). Colorful lines and bullets and colored and/or textured background.
   • Photos and other misc. graphic images supplied by client, up to an average of 2 included per page in standard websites and "regular" online store pages, in addition to masthead.
   • Email response link on each webpage (usually located in the footer) to any email address the client designates.
   • Contact/feedback or guest book form. Basic PHP program included. Includes up to 10 fields. We do not program in asp.net. Not included in the package price for websites smaller than 3 pages. This is not included in online stores, since the shopping cart software is a functional equivalent.
3. Maintenance and Hourly Rate. Changes requested by the client once the site is complete and approved by the client will be billed at the hourly rate of $35.00 an hour for HTML/CSS and Graphic Design/Image Editing, $50.00 an hour for additional PHP/MySQL work and $75.00 an hour for Flash/ActionScript. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, and art, photo and graphics services.
4. Changes to Submitted Text. Please send us your FINAL TEXT. Time required to make changes to client-submitted text after the webpages have been constructed will be additional, billed at the hourly rate for HTML/CSS.
5. Fee Schedule. Fees to Westmoreland Designs are due and payable on the following schedule: if the client is hosting with Westmoreland Designs there will be no down payment on the website. The client must pay for hosting for one year in advance to begin work on the website. The customer must also pay for domain registration before work on webpages will begin unless the client already owns the domain. If the client already owns the domain, he/she is responsible for configuring the domain registrar with Westmoreland Designs' nameservers which are NS1.CNCHOST.COM and NS2.CNCHOST.COM. Payment for webpages will be calculated once work is complete and approved by the client. Payment in full will then be due within 7 days. All payments will be made in US funds. If the client is not hosting with Westmoreland Designs, a down payment of $50.00 per page contracted will be required before work will begin on the website. Additional charges will be assessed upon completion of the website to include any additional hours of work, images purchased, fees for burning the website files to disk, fees for uploading to client's web host or any other expenses Westmoreland Designs incurs on the client's behalf during construciton of the website. Upon final approval, Westmoreland Designs will invoice the client and he/she will have 7 days to make final payment in full.
6. Assignment of Project. Westmoreland Designs reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
7. Legal Disclosures. Westmoreland Designs does not warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with client. In no event will Westmoreland Designs be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, even if Westmoreland Designs has been advised of the possibility of such damages. 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.
8. Copyrights and Trademarks. The client represents to Westmoreland Designs and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Westmoreland Designs for inclusion in webpages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Westmoreland Designs and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
9. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Westmoreland Designs and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
10. Copyright to Webpages. Copyright to the finished assembled work of webpages produced by Westmoreland Designs is owned by Westmoreland Designs. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Westmoreland Designs and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
11. Payment of fees. In order for Westmoreland Designs to remain in business, payments must be made promptly. Delinquent bills will be assessed a $15 charge if payment is not received within 7 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. Westmoreland Designs reserves the right to remove webpages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Please pay on time.