Terms of Service
Effective as of October 1, 2017
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
These terms of service (“Terms of Service”) are a legal agreement (“Agreement”) between you, either an individual or a single legal entity (“You”, “you”, or the “client”), and Made for You. (“Made for You”, “We”, or “Us” or the “provider”)
Our Agreement is simple, you, the client, want Made for You, us, the provider, to build a website for you. You are trusting us to build a website for you in a style that we feel is appropriate for your business and industry. Of course, you will provide us input on the design and the content to be used on your site, but you are agreeing to empower us to make the final decisions that in our experience will be most effective.
Your website will be comprised of the features you requested on your quote form, a copy of which was sent to you by email. Should need additional features which were not part of your initial quote, they can be requested at the time of your build, but keep in mind those additions may increase the length of time that it takes to complete your website build. Payment for those additional items is required prior to the launch of your website. The website that we build will be mobile-ready, suitable for modern smartphones, tablets, laptops and desktops.
To schedule the start of your website project, a non-refundable deposit of $500 is required. Please choose your date carefully as we clear our schedule in order to put all of our focus on building your site. In the event that you have to reschedule your build day, a $50 reschedule fee will apply to the first reschedule, a $100 reschedule fee will apply to a second reschedule. After two reschedules, your project will be cancelled and no refund will be provided. If we have to reschedule, you have the option to request a full refund of your deposit, or a discount equal to the reschedule fee(s).
On the morning of your website build, we will send you an invoice for 50% of the remaining balance outstanding (total project quote, less your initial $500 deposit). Upon completion of the build, we will send you a final invoice, comprised of your remaining balance, and any fees or expenses related to change requests, additional stock photo/video purchases, fonts, etc. that were not included in your initial quote. On receipt of your final payment, we will load you site to our server and your website will begin to available on the internet.
We do not begin work on your project until you provide us with all of the items necessary to build your website. This includes your logo, the text content, images, video, domain registrar logins, social profile information, etc. For one page websites, we estimate a build completion time of about 24 hours. For 2 to 3 page sites, the estimated build completion time is about 3 business days, and for sites greater than 4 pages, we estimate a build time of 5 business days. We will make every reasonable effort to deliver your project according to these timelines, are not responsible for any failure or delay in performance due to any catastrophe, act of God or government authority, civil strife, or any other cause beyond our control.
Your Website Build
During the initial build day, we typically begin work around 10:00 AM our local time (US East Coast). Please plan on being available for a quick call at that time to review the materials that you submitted. We’ll begin building your site on our development server. You will be able to see our progress during the day and be able to give us feedback. We will stop at around 2:00PM to review the design with you (if it’s a multi-page site, we’ll show you the home page and one or two interior pages) and discuss any revisions if needed, and obtain your approval to continue building your site. We will continue working on your site until all of our tasks are completed. Once we’re done, we’ll give you a final call when we’re ready to launch. On receipt of your final payment, we will load you site to our server and your website will begin to available on the internet.
All work performed by us remains under the ownership of Made for You until the project is paid in full. At this time all rights and ownership will be transferred to the client.
In order to build your website quickly and affordably, we use WordPress and plugins that are designed for WordPress. The WordPress software and plugins need to be updated regularly to keep your website functioning and to reduce the likelihood of it being compromised or having malicious actions taken against it. At the time of your website build, the plugins and other software used on your web site are provided at their current version and as long as we are maintaining your website under our maintenance program, we will keep them updated. Additionally while you are under our maintenance program, we will pay the software licensing costs for any premium software used in the building of your website.
Account Access and Limitations on Software and Plugins
Part of what enables Made for You to build your website quickly and at an affordable price is maintaining a controlled environment. To do that, we limit how changes can be made to the website’s structure and we use a core set of software and plugins that we know to be reliable and are well maintained.
Upon completion and launch of your website, we will provide you with Editor access to the site. This will enable you to make changes to the content of the website (adding and removing text, adding images and video, or new posts and pages). We do not provide you with Administrator access while we are hosting and maintaining your website. We will provide you with full credentials if you choose to move the hosting of your site from Made for You.
As your website needs change, you may wish to add functionality to your website that is not part of our core set of plugins. We will work with you to identify a plugin that will meet your needs and that we can support, while maintaining a stable environment for all of our customers.
Additional Design and Development
Following the launch of your website, you may want us to perform additional design or development tasks. You can make project requests in our support area. An estimate and project plan will be provided to you.
Hosting and Maintenance
Once the site is a launched, we will host the site for you. We will make all reasonable efforts to ensure your site remains available to site visitors, however we cannot guarantee that your site will not experience downtimes or outages related to maintenance, denial of service attacks, hardware failures, etc. In the event of an outage, we will attempt to bring your website back online as quickly as possible.
At Made for You “we eat our own dogfood”, meaning we host our own websites on the same servers used to host yours. It’s in our interest to have stable and secure hosting, however we cannot guarantee that your website will not be compromised or “hacked”. In the event that your website is compromised, we may have to take it offline until it has been examined and all malicious code has been removed. Please note, website remediation is not included your monthly maintenance subscription; please ask for the current pricing for this service.
Payment for Hosting and Maintenance
Payments for your website hosting and maintenance are billed monthly. We ask that you pay promptly on the receipt of your statement. If at 30 days after billing your account balance is unpaid, your website may be taken offline temporarily at our discretion. If at 60 days after your billing your account balance is unpaid, your site will be disabled and your account terminated. We are not liable for any direct or indirect damages related to the suspension or termination of your account for non-payment.
We reserve the right to cancel service at any time. All payments for hosting and maintenance paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation. You may cancel your agreement with us with 15 days notice, this will give us both sufficient time to prepare for the migration of your website if necessary. At our discretion, we will work to migrate your website your new host, or package the files and database in a manner that they can be installed at another location. Any outstanding account balances must be paid in full prior to migration or transfer.
Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1)
loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, from claims by third parties, including but not limited to events relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in cancellation of your Service.
Either party may terminate this Agreement by giving notice to the other of such termination by letter or e-mail; phone calls, text messages, IM’s etc. are not considered valid for this purpose. Should the project be terminated due to client failure to submit required information or materials, no refunds will be issued.
In the event that you ask us to postpone or terminate work on your project, we have the right to bill a pro rated amount for work completed through the date of your request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within two business days of your written notification to stop work.
You assume responsibility for all collection or legal fees necessitated by default in payment.
This Agreement shall be governed by and construed in accordance with the laws of North Carolina. Any dispute or other legal action concerning this Agreement, may be brought only in the state court sitting in Forysth County, North Carolina, and each party hereby submits to the exclusive jurisdiction of this court for purposes of any such proceeding.