These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Florence Road.
1. OUR FEES & CHARGES
The $349 set up fee is an initial charge and includes the cost of registering the domain name for the client, configuring the design and layout of the website through WordPress themes and plugins and any customization. The monthly charge of $17.95 includes the hosting of the website and support to ensure a reasonable up-time and addressing any issues and errors resulting from regular day to day use.
Any time frames or estimates that we provide are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there may be a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
2. REFUND & CANCELLATION POLICY
Once work on your project has commenced, a partial refund may be available to you. Any request for a refund, or partial refund, must be made in writing. Your refund will be calculated by deducting costs associated with work undertaken by Johno’s Websites (charged at our current rate of $40/half hour) and/or expenses incurred by Johno’s Websites relating to your project up to the date of cancellation. We will provide you with a ledger of work completed, and/or expenses incurred, to justify the refund (if applicable) you will be paid.
3. WEBSITE SUPPORT
Website support includes troubleshooting any technical difficulties relating to the availability of the website and any errors that may arise. Website support however does not include enhancements or changes to the website including things such as changing design, content of the website unless it is deemed by us, to be a minor change / Enhancement. A minor change is any small update or content change that requires less than 15 minutes worth of work.
4. CHANGES & ENHANCEMENTS
Depending on the scope of the change required, it is wholly in the discretion of Johno’s Websites to provide a cost or quote before we undertake this piece of work. Changes include any modifications to content within the website, whether that may be textual or image related. If the changes are as a result of negligence from Johno’s Websites, this will be fixed free of charge by us.
Minor Enhancement
A minor enhancement is any work that requires 15 minutes or less to complete. This includes tasks such as re-phrasing certain passages, uploading a new image or change to the content of your website. If Johno’s Websites is hosting your website, we will provide one Minor Enhancement free of charge per month. Any additional Enhancement following this will be charged at the rate of $40.00 per half hour, and will be quoted prior to undertaking the piece of work.
Major Enhancement
Any change or enhancement that requires more than 15 minutes will be assessed and may be charged at the rate of $40.00 per half hour. Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
5. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification dates. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
6. ACCEPTANCE OF WEBSITE
Once the project has been completed, as determined by Johno’s Websites, we will notify you in writing and there will be a 7-day review period.
7. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review and provide feedback. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed. The only exception to the above is if the delays are a result of injury or illness. Any feedback or changes requested after the 7-day review period, may be charged as a change or enhancement. Please see (3) above.
8. PAYMENT
Upon completion of the 7-day review period and both parties are happy with the work, the balance owing will need to be paid in full including the first months charge. Once payment is complete, the website will be released and available to the public.
9. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
10 SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website.
11. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
12. DISCLAIMER
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Florence Road ® under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
13. SUBCONTRACTING
We build most of our websites with our current retained staff. We do however reserve the right to subcontract any services that we have agreed to perform for you as we see fit. We will not share any confidential data or logins with subcontractors aside from the website login.
14. NON-DISCLOSURE
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
15. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you an account credentials for domain name registration that we purchased on your behalf when you reimburse us for any expenses that we have incurred. You will have full ownership of your domain and you will be free to move your domain name. Failure to pay your domain renewal, will result in the cancellation of your domain name.
Johno’s Websites hosts our websites with SiteGround. For all WP Engine Hosted Sites, you will not have administration access to the SQL database for security reasons.
If you no longer require Johno’s Websites services for hosting, we will extract all relevant website files and transfer them to you in a zip file.
16. AUTHORISATION
You authorise Johno’s Websites to perform services which may include, but not limited to, accessing your domain control panels, email hosting, DNS, hosting account and disk space, creating databases and applications, and submitting the project to search engines.
17. OWNERSHIP
You have ownership of the website supplied by Johno’s Website once it is fully paid. Ownership of the website means you are free to use, modify and distribute as you see fit, but you do not however, have copyright over any of the design of the Website with the exception of any images or material which you have supplied to us. The website is built upon freely available WordPress themes and plugins and fall under the GNU Public License.
18. DELIVERY POLICY
Once full payment has been made, you will receive an email confirmation of the transaction and an indication of when the site will activated online. This process can take up to 24-48 hours. No physical goods will be sent out.