Terms & Conditions for Website Design and Development

GENERAL – The Terms and Conditions are policy set by 110RPM for design services requested by the Client. The Client agrees that they are at least eighteen (18) years of age, mentally aware and are free to make sound choices when placing orders or doing business with 110RPM.  Notification of Terms and Conditions are sent to the Client by email, fax or written agreement. All Online Invoices and Proposals are sent to the Client with Notification of existing Terms and Conditions. All Hard Copy Invoices and Proposals request that the Client read the Terms and Conditions online. The Client is asked to review Terms and Conditions before making any payments. Client payments made on Invoices paid to 110RPM will act as proof that the Client has been notified of all Terms and Conditions and has reviewed and agrees to all Terms and Conditions here and on Invoices. 110RPM reserves the right to refuse service to anyone. 110RPM reserves the right to change or update any of its Terms and Conditions policies as they see fit.

PARTIES

The Client: Company, organization or individual requesting the services of 110RPM is here after referred to in these Terms and Conditions as (The Client).

110RPM: The Primary Designer which operates for hire as a contracting self-owner.

FEE ESTIMATES

All fee estimates as outlined by 110RPM in the Proposal are valid for thirty (30) days.

LEGAL USAGE RIGHTS AND PROJECT DELIVERY

If 110RPM should acquire its own legal useable images to use as elements for creating the Client’s final designed collateral, acquiring image service fees may apply. Charges are set by 110RPM.  110RPM will not use any known illegal images. 110RPM will not be held responsible for any illegal images supplied by the Client or directed to be used by the Client, knowing or unknowingly.  110RPM may use third party images only as elements to produce or create a unique final design/collateral. 110RPM does not assume any rights to sell or pass on to the Client any third party images in their original form. 110RPM’s direct usage rights for images acquired from third parties by 110RPM are not transferable.  110RPM recognizes that once paid for by the Client, the Client will own the single unique final design collateral created by 110RPM and not the 110RPM master file, 110RPM artist file or the individual elements inside 110RPM’s master file/artist file created by 110RPM to create the Client’s final design collateral. The Client’s deliverable files will be in JPEG format which the Client may use as they see fit. The Client does not own and is not granted any permission by 110RPM to alter, separate or edit in any way elements of the unique final designed collateral created by 110RPM. The Client may not resell, reuse or pass on to any third party for reselling or reuse the delivered unique design work made for hire by 110RPM without the proper legal rights.  The transfer of master files (subject to copyright rules and their original specific Terms and Conditions) may be made available to the Client at an additional 150% charge of the projects total. Any work for hire created for the Client by 110RPM that has been paid in full by the Client shall be considered to belong to the Client according to the agreed deliverable format described in these Terms and Conditions or as stated on Invoices or in the Proposal.

RETAINER GENERAL AGREEMENT

If the Client requires recurring website maintenance services, a monthly agreement with 110RPM may be available. Terms must be agreed to mutually in writing or digital format.

WEB DESIGN AGREEMENT TERMS AND CONDITION

110RPM will provide to the Client the website design specifications and descriptions in the Proposal.

Hosting & Domains

This Web Design Agreement does not include hosting and domain name registration fees or third party fees unless explicitly stated.

Website Creation Scope of Work

Website Scope of Work will generally consist of that which is described in writing in the Proposal.  Any additional work requested or required of 110RPM by the Client, such as but not limited to adding pages or features that are not described in the final Proposal, may result in additional charges for any added work. In such cases, the Client will be provided with a written estimate or invoice of any additional fees before work begins.

The Client acknowledges that the standard Scope of Work for a website design project will generally include a single home page design layout plus inner pages as summarized in the Proposal. Layout design on all inner pages where the header, navigation, and footer elements are located may appear in the same location on all inner pages to provide consistency and ease of functionality for the end users, unless otherwise stated in the Proposal.

When available, 110RPM may provide website samples and ask for Client feedback on website projects. Client feedback may be used to produce the final samples. After final website samples are delivered, 110RPM may offer up to three (3) rounds of revisions per page/layout. Excessive revisions will incur additional cost to the Client.

After 110RPM verifies a website as launch-ready and has uploaded the website, any website changes not in the original Proposal will incur additional charges to be added to the original Invoice or will require a new Invoice.

The Client will provide input and approval of any content and website design samples within three (3) business days of receiving materials or links to review the Client’s website. The Client acknowledges that if this time frame is exceeded, any due dates previously scheduled will be adjusted accordingly.

Website Content

Clients delivering content to 110RPM must provide all content such as artwork, images/photography, text, audio, etc., in digital format files such as but not limited to: Microsoft Word, Adobe Acrobat PDF, gif, jpg, tiff, psd and eps. Text and images provided by the Client to 110RPM must be in good condition and of appropriate format quality for Internet use as described by 110RPM. The Client may deliver digital content to 110RPM online via e-mailed or other sharable sources such as Dropbox, etc. The Client may also deliver digital content on disc or storage drives. Hard copies from the Client such as but not limited to paper photos do not qualify as correctly delivered content. The Client’s sharing of website links with 110RPM does not qualify as correctly delivered content.

The Client is responsible to check that all spelling, grammar and content information is correct before making payment. The Client’s payment made to 110RPM will serve as proof and verification that the Client is satisfied with all spelling, grammar, layout and design of the website as delivered by 110RPM.

110RPM offers content creation and content editing services at a fee. Clients needing content services including content research, gathering, writing, spell check, grammar check, typing of text or scanning of images, may request assistance as needed. Such work will be billable to the Client.

Any content or information submitted to 110RPM by the Client that is not considered final and content-ready by 110RPM or any information needing any modifications by 110RPM may be subject to additional fees for copywriting and/or editing. These additional charges will be billable to the Client.

In cases where the Client requests that 110RPM create a website for which the Client will have the ongoing ability to update their own content into a Content Management System (CMS), shopping cart or similar, 110RPM will offer to populate enough content/items into the system to test functionality. If additional content population beyond the testing phase is required by the Client from 110RPM, additional charges may apply. These additional charges will be billable to the Client.

Website Delivery & Testing

All websites will be tested live and online for up to seven (7) days by the Client via a link provided by 110RPM.  During this time, the Client must be report any discovered bugs or errors to 110RPM for repairing. At the end of this period, 110RPM will launch the live website. The Client can request 110RPM to make the website live before the end of this period if desired.

Live Launch Period

Any bugs or errors created by 110RPM that are reported within the period prior to going live will be repaired by 110RPM free of charge. Any bugs or errors reported within 15 days after the website goes live will also be repaired by 110RPM free of charge.

Any repairs or maintenance requested after the Client’s website has gone live for more than 15 days will be subject to billing. Charges will include time for diagnostic trouble shooting and implementing any needed solutions. These additional charges will be billable to the Client.

Termination & Cancellation

The Client acknowledges that 110RPM may terminate agreements and retain the Client’s non-refundable deposit if the Client fails to provide all materials required and deemed acceptable by 110RPM for the completion of the Client’s website within thirty (30) days after the deposit payment date.

Should the Client fail to initiate the creation process by not responding to requests for information within thirty (30) days after the deposit payment date, then the Client’s account may be considered inactive and the project may be terminated by 110RPM. Upon termination, no refunds or credits will be given.

If the Client cancels the project after the website design has been completed, the Client will owe 100% of Project Total Cost.

Website / Graphic Design Payment Schedule

A 50% deposit from the Client is required before 110RPM will commence work. The remaining balance is due the same day on or before product delivery. All deposits are non-refundable. The Client is considered notified of Terms and Conditions upon receipt of the Proposal. Terms and Conditions are sent simultaneously with the Proposal for the Client’s review. Clients can preview 110RPM Terms and Conditions at the following address: https://www.110rpm.com/terms-conditions.  Quotes for any original job description as presented by the Client then later changed by the Client, whether changes are made orally or in writing, may result in additional charges. These additional charges will be billable to the Client.

Discounts

The choice to offer discounts to the Client is solely at the discretion of 110RPM. Specials or discount pricing offered by 110RPM will expire after ten (10) days of the original date of the discount offer. The offer is accepted if a deposit is made by the Client within the ten (10) days. Discounts offered by 110RPM are automatically voided if and when the Client requests any revisions or changes to the original discounted Proposal. In most cases, 110RPM will apply a new discount that it deems appropriate for the revised work order. Any new discount must be approved by 110RPM and stated in writing. Published, online or general public discounts/sale offers are valid as expressed in their ads.

Rush Jobs

Rush jobs are billed an additional $35 or 50% of the total fee, whichever is higher. It is 110RPM’s preference that the Client schedule all jobs accordingly to take advantage of our regular rates vs rush fees. Some conditions that will constitute rush charges are: Any job request with less than a ten (10) day turn-around, a request that may require working after office hours Monday-Friday 9 a.m. – 5:30 p.m. and any requests which may require work to be performed on holidays or weekends.
Late Payments

Late charge fees on unpaid balances may apply if payments are not received by their due date.

If the Client fails to make payment on any amounts billed by 110RPM, resulting in the use of a collection service or other legal steps to resolve payment disputes, the Client shall be liable for all legal fees, including credit card services fees and court costs incurred by both parties to satisfy said payment(s).

Mutual Performance Obligations

The Client and 110RPM hereby acknowledge and agree that completion of the project described in this Agreement requires the mutual cooperation, assistance and participation of both Client and 110RPM, including without limitation with respect to Marketing Collateral Delivery, Content Delivery, Timely Approvals, Feedback from Client and final “Go Live” approval. Client and 110RPM agree to work together in a reasonable business manner to complete the project described herein, and shall not engage in any activity or course of conduct to hinder or prevent in whole or in part the other party’s ability to perform its obligations hereunder.

110RPM will strive to create websites that will meet the Client’s expectations. However, 110RPM does not guarantee that expectations will be met if requests are unreasonable or unable to be completed within the described scope of the project or if the Client fails to meet any performance obligation. If the Client fails to provide timely and reasonable feedback, which may cause delay or disrupt the 110RPM work flow process of the Project or compromise the timeline, 110RPM may apply fees for the additional time. The Client understands that they are responsible for these additional fees due to increased time or expenses incurred to 110RPM because of such delays. If the Client should fail to respond to requests for feedback from 110RPM for a period of fourteen (14) days during either the consultation, design or development phases, 110RPM may choose to stop and archive the project and any resources assigned to the Clients’ project. Any payments made on the project to date will be non-refundable and forfeit.

Miscellany

Web site design and files created by 110RPM are the property of 110RPM; upon full payment, web site design and files become the property of the Client.

The Client agrees that any material created by 110RPM for the Client, such as samples, jobs or services, may be subject to use by 110RPM in their portfolio of work and published testimonials.

110RPM shall be entitled to place an unobtrusive credit with a hypertext link such as “Website Design by 110RPM” in the footer on each page of the website.

The Client agrees and understands that any elements of text, keywords, keyword phrases, graphics, photos, designs, trademark claims, or other artwork provided to 110RPM by the Client for inclusion on the Client’s website has been previously legally acquired by the Client or are part of the public domain, or that the Client has received permission from the rightful owner(s) to use each of the elements and will hold harmless, protect, and defend 110RPM from any liability or suit arising from the use of such elements.

110RPM is not responsible for any changes made to the Client’s website by other parties that adversely affect the functionality, look, access availability, search engine rankings, etc., of the website.

Client Support

The Client is requested to contact 110RPM directly using email or the 110RPM online contact form. When doing so, please give sufficient information to locate any material (such as a url) and clear informative descriptions.

110RPM will respond as soon as possible with intent to share or seek fair satisfaction of both 110RPM and the Client.