These are the terms of our agreement together:
1. Authorization. The Client is engaging Wolf Media Plus, known as Developer, a sole proprietor, located at 1636 Sherman Avenue South Milwaukee, WI 53172, as an independent contractor for the specific purpose of developing and/or improving a web site. The Client hereby authorizes Developer to access the Client's hosting account or create a hosting account for the client and authorizes the developer to create accounts for any other websites, programs, etc. which need to be accessed for this project. The Client also authorizes Developer to publicize their completed web site to Google.
2. You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.
3. 30 Day Money Back Guarantee
If you are dissatisfied for any reason, you will receive a pro-rated refund if you cancel your paid services within 30 days of the activation of your account. The 30-day money-back guarantee does NOT apply to domain name registration, other domain name services, Fotolia Image credits, Real SEO services and for already redeemed credits. Once you register your domain name or apply your domain credit, it cannot be "returned" until the duration of the domain term has expired. However, I can assist you in transferring or pointing your domain to the host of your choice. The amount of your refund will be a pro-rated price of the design package which may include paid service purchased from hosting company minus domain name registration fee and overage charges, and minus the value of any redeemed credits. If the value of the credits redeemed exceeds the price of the paid service, then you will not receive a refund.
4. Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox. We’ll also test to ensure Microsoft Internet Explorer 11 for Windows users get an appropriate, possibly different, experience. We won’t test in other older browsers.
Mobile browser testing: Due to the wide variety of brands and types of mobile devices, we only ensure that the website passes Google's mobile friendly test found at this link: https://search.google.com/search-console/mobile-friendly
5. Hosting: We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you agree to provide all log in information necessary for completion of the project. If you don’t have hosting, we may set up an account for you at one of our preferred hosting providers for one month. Client understands that these fees are renewable monthly or annually and will be informed of upcoming renewal by the host not Wolf Media Plus. Fees are also subject to change.
Security: Although the Developer makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, the Developer can in no way guaranty that the Finished Product(s) will not be subject to security breaches. The Developer recommends the use of strong passwords and the observance of standard security practices. In order to minimize the chances of security violations, systems should be updated often. The Client is solely responsible for tracking software updates and backups.
6. Domains and Email: Domain names, DNS management and email are the responsibility of the Client. The Developer may give instructions as to pointing of domain but does not guarantee the proper function of the domain.
7. Additional Expenses. Client agrees to reimburse the Developer for any Client requested and approved expenses necessary for the completion of the project. Examples would be: Purchase of premium templates or plugins, Purchase of specific fonts at the Client's request, Purchase of specific photography at the Client's request. Purchase of specific software at the Client's request, Purchase of other third-party applications.
8. Client Amends / Changes. Developer prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of the Developer's business. To that end, we encourage input from the Client during the design process. The Developer understands, however, that Clients may request significant design changes to pages that have already been built to the Client's specification. The fees set forth in this agreement do not include a provision for significant page modification or creation of additional pages in excess of our agreed page maximum. If significant page modification is requested after a page has been built to the Client's specification, we must count it as an additional page.
Some examples of significant page modification at the request of the Client include:
Developing a new table or layer structure to accommodate a substantial redesign at the Client's request. Recreating or significantly modifying the company logo graphic at the Client's request. Replacing more than 75% of the text to any given page at the Client's request. Creating a new navigation structure or changing the link graphics at the Client's request.
9. Search Engine Optimization. The Developer will optimize the Client's web site with appropriate titles, keywords, descriptions and text and thereafter submit the Client's web site to Google only. The Developer does not guarantee search engine placement of any kind, purchase of Real SEO packages not withstanding.
10. Copyrights and Trademarks. The Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Developer by Client for inclusion in web pages 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 Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
11. Assignment of Project. The Developer reserves the right to assign certain subcontractors to this project to ensure the right fit for the job as well as on-time completion. The Developer warrants all work completed by subcontractors for this project.
12. Warranties and Liability. Client agrees that any material submitted for publication by Client will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, adult content, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy.
Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's publication of material or use of those materials.
It is also understood that the Developer will not publish information over the Internet which may be used by another party to harm another. The Developer will also not develop a pornography, adult content of any kind, or warez web site for the Client. The Developer reserves the right to determine what is and is not pornography or adult content.
Once the Client is provided the web site and login information, Developer does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. Developer is not to be held responsible for occasional downtime of email or web site due to line interruptions and/or other instances beyond Developer's control.
13. Indemnification. Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.
Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's web site. This includes any claims that Client's services and/or products are infringing on the proprietary rights of a third party, copyright infringement, and Client delivering any defective product or misinformation which is detrimental to another person, organization, or business.
14. Notices. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by email, personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.
15. 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 Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.
16. Ownership to Web Pages and Graphics. Copyright to the finished assembled work of web pages and graphics produced by the Developer shall be vested with the Client upon final payment for the project. Developer assigns to Client all right, title and ownership including all intellectual property rights in and to the design, photos, graphics, logo, source code, work-up files, text, and any program(s) designed or purchased on behalf of the Client for completion of this project.
Rights to any licensed photos, graphics, computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Developer and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.
17. Litigation. This agreement shall be governed and construed in accordance with the laws of the State of Wisconsin, USA.
Undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of both parties. Any changes or modification thereto must be in writing and signed by both parties.
18. Payment of Fees. Fees to Developer are due and payable on commencement of work. All payments will be made in US funds.
Developer reserves the right to remove web pages from viewing on the Internet until final payment is made. If a payment delay is anticipated, please contact the Developer immediately for an alternative arrangement. In case collection of undisputed fees proves necessary, the Client agrees to pay all fees incurred by that process. This agreement becomes effective when Client purchases a web design package. The Client agrees that this contract was entered into in South Milwaukee, Wisconsin.
19. Sole Agreement. The agreement contained in this "Web Site Design Contract" constitutes the sole agreement between Developer and the Client regarding this web site. Any additional work not specified in this contract, must be authorized by a written change order. All prices specified will be honored for 30 days or until Developer completes the work specified in this Agreement. Continued services after that time will require a new agreement.
This agreement constitutes the entire understanding of the Developer and Client. This agreement terminates and supersedes all prior understanding or agreements on the subject matter hereof. Any changes or modification thereto must be in writing and signed by both parties.