Terms & Conditions
This agreement is between Above&Beyond Web Design (The Designer) and The Client.
The Client requires the development of a website. The Designer has agreed to develop a website for the Client.
The Client has engaged the Designer to provide the services upon the terms and conditions hereinafter set out.
If you are building a website with us and have selected to pay the site off over 4 payments. The total Cost will be broken down into the following:
- Initial deposit (25%)
- Design approval by client (25%)
- Design coded into working website (25%)
- Final payment once content is entered and site goes live (25%)
Time for Payment:
All invoices are to be paid in full within 7 days of receipt. A 10% monthly service charge is payable on all overdue balances. The grant of any license or right of copyright is conditioned on receipt of full payment. If The Designer is finished coding of the website and is waiting longer than 1 month for The Client to finalise text and content for the site, The Designer reserves the right to invoice The Client for work done to date.
Default in Payment:
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
The fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when invoice is rendered. The Clients approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 10% or more.
The Client shall be responsible for making additional payments at $85 per hour for changes requested by the Client after the specified number of included revision cycles have been exhausted. The Client shall offer the Designer the first opportunity to make any changes.
The Client shall be responsible for providing content to the Designer in a timely manner. Any revisions should be submitted to the Designer within 5 business days of receipt of last draft. Any delays incurred may extend the project deadline.
The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment.
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by Designer, and Designer shall be compensated by the Client for the services performed through the date of cancellation based on a prorated portion of the fees due.
Ownership and Return of Artwork:
If project has not been fully paid for, The Designer retains ownership of all work completed during the project, whether preliminary or final, and the Client shall return such artwork within 30 days of use unless indicated otherwise in proposal. The Designer has the right to terminate, retract or suspend any work associated with the project until fully paid.
All displays or publications of the deliverables shall bear accreditation and/or copyright notice in Designer’s name in the form, size and location as incorporated by Designer in the deliverables, or as otherwise directed by Designer. Designer retains the right to reproduce, publish and display the deliverables in Designer’s portfolios and websites, and in galleries, graphic design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.
The Client shall indemnify the Designer against all claims and expenses, including reasonable attorneys fees, due to uses for which no release was requested in writing or for uses that exceed authority granted by a release.
Modification of the Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorised in order to progress promptly with the work.