Terms & Conditions
The following terms and conditions apply to all website development/design services provided by Maximum Client to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Maximum Client are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Maximum Client reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
A down payment is required in order to begin the development of your website. This is usually 50% of the upfront design fee unless an alternative contract or proposal specifies a different amount. The outstanding balance on your website is due after the design, navigation, and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that Maximum Client gets paid for performing their duty under the proposal, despite tardy content from the client.
Payment for services is due by credit card, PayPal or bank transfer.
Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. Maximum Client may elect at its sole discretion to offer a partial refund depending upon the circumstances.
- Description of Ongoing Costs: There are 2 types of ongoing costs: domain registration and hosting.
- Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as http://www.mygroup.org, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly PREFER that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.
- Hosting: This cost recurs annually. Hosting places the domain name on a server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly PREFER that you do. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with Maximum Client to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.
- Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Maximum Client fifteen (15) days before the renewal date that you do not wish to renew the account.
- Hosting Cancellation Payment Obligations: You may cancel at any time. If you cancel before the first 30 days from the opening of your account, please refer to the details under “Limited 30-day Money Back Guarantee.” If you cancel after the first 30 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. Maximum Client will refund the prepaid fees for basic hosting for the full months remaining after the effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $25. Accounts that are terminated by Maximum Client for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 10 business days from your cancellation date.
- Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider Maximum Client can, upon request, download your site onto a CD and mail it to you. The cost for this service $50 per copy. FTP access to your site is not available for transfer purposes.
- Limited 30-day Money Back Guarantee on Hosting: If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund on your hosting fee excluding setup fees and time accrued from setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been canceled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.
- Sites NOT Hosted by Maximum Client: Should the client decide to host their site on another server, Maximum Client cannot guarantee all elements of the site will work. Maximum Client will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Maximum Client believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
- Website Maintenance: There are no required maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System or installing a blog. For work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.
- Website Maintenance Payment Obligations: Depending upon the nature of the website changes, a prepayment may be required. Should the client be invoiced after the changes are completed, the invoice is due upon receipt. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $35 reposting fee added to the outstanding maintenance invoice balance.
3. Client Review
Maximum Client will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Maximum Client otherwise within ten (10) days of the date the materials are made available to the Client.
- Homepage Design – Once the site design is approved by the client, usually via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.
- Navigation – Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.
- Content – Provision of content is the customer’s responsibility unless specifically negotiated ahead of time as part of the project proposal.
- Text content – Copy for all website pages and links need to be delivered digitally and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.
- Copy development – Should the client wish Maximum Client to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via Maximum Client interviewing the client about the topic areas to be addressed on their web pages. Maximum Client then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.
- Graphical content – Images outside of the website design must be provided in digital form or in a form that can be easily scanned unless otherwise provided for in customer’s contract. Subsequent revisions will be billable at our regular hourly rate.
- Database Implementation – Entry of data for database applications is considered the client’s responsibility. The entry of data by Maximum Client is billable unless otherwise provided for in customer’s contract.
- Technical Support – We offer local and long-distance phone support to our clients. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If Maximum Client is not the source of the problem, technical support may be billable.
4. Turnaround Time and Content Control
Maximum Client will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Maximum Client receiving initial payment, unless a delay is specifically requested by the Client and agreed by Maximum Client Limited.
In return, the Client agrees to delegate a single individual as a primary contact to aid Maximum Client with progressing the commission in a satisfactory and expedient manner.
During the project, Maximum Client will require the Client to provide website content; text, images, movies and sound files
5. Failure to provide the required website content:
Maximum Client is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimization, we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
6. Domain Transfers and DNS Management
For domains not originally registered with Maximum Client, there will be a $25 fee to either transfer to the domain into our registration platform, or to transfer-out to another registrar. If your domain is not registered with Maximum Client, DNS management and troubleshooting tasks are billable at our hourly rate.
7. Websites with Proprietary Source Code
Should client contract with Maximum Client to write custom code for a website application, this code is not transferable to a new developer or host. Custom written source code is considered the property of Maximum Client and cannot be shared with other developers. Clients are granted a license to use custom software code while on Maximum Client servers only. Maximum Client retains ownership of the code.
In some cases, Maximum Client will install software for the client’s use that has been built by a third party. Examples include WordPress blog software, FCK editor software, shopping carts, photo galleries, etc. In these instances, clients will be subject to the terms and conditions of the third party who owns the software and may use the software as a licensee only. No ownership rights of any kind are transferred to the client.
Access to or transfer of proprietary source code could result in a security risk to Maximum Client and its clients who are running similar pieces of code. In order to provide custom software development services, clients give us access to private and/or sensitive information, trade secrets, proprietary pricing and business methods. If clients believed that we may be sharing this information with outside developers, they could lose faith that we are protecting their proprietary information. Therefore, neither access nor transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted. Should client want us to build software to run on another server, it must be disclosed upfront and specifically contracted for.
Website components that ARE transferable to another host include HTML code, graphics, logos, pictures, navigation, text, and the data residing within a database (but not the code). Hourly fees will apply for any special work that needs to be done to transfer those parts of the website that do not violate the other paragraphs in this section.
8. Non-Domain-Based Troubleshooting
Maximum Client maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email accounts (email@example.com, firstname.lastname@example.org, etc), your home or office internet connections, or any other non-domain-based issues outside Maximum Client Web Development’s realm of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.
Invoices will be provided by Maximum Client upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or $30 per month of the total amount due.
10. Additional Expenses
Client agrees to reimburse Maximum Client for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, etc.
11. Web Browsers
Maximum Client makes every effort to ensure websites are designed to be viewed by most visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Maximum Client cannot guarantee correct functionality with all browser software across different operating systems.
Maximum Client cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Maximum Client reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Maximum Client’s Webspace, Maximum Client will, at its discretion, remove all such material from its web space. Maximum Client is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of $25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Maximum Client reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Maximum Client in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Maximum Client services may be used for lawful purposes only. You agree to indemnify and hold Maximum Client harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Maximum Client the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Maximum Client permission and rights for use of the same and agrees to indemnify and hold harmless Maximum Client from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Maximum Client that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
16. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high-quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Maximum Client to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.
17. Design Credit
A link to Maximum Client will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $5000, a fixed fee of $500 will be applied. The Client also agrees that the website developed for the Client may be presented in Maximum Client’s portfolio.
18. Access Requirements
If the Client’s website is to be installed on a third-party server, Maximum Client must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
19. Post-Placement Alterations
Maximum Client cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
20. Domain Names
Maximum Client may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise loss of the domain brought about by not paying or late payment is not the responsibility of Maximum Client Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
22. Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Maximum Client will honor the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
23. Governing Law
This Agreement shall be governed by the laws of the United States.
Maximum Client hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Maximum Client to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,
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