Why do we have Terms, Conditions & Disclaimer? Because we know all successful companies have them... so we decided we should too.
Created4Design.com, a contractor, herein referred to as “C4D” and payee, client, customer, one who pays Created4Design for products and/or services, herein referred to as “CLIENT”, for the design and deployment of a state of the art Web-Site, and/or Mobile App and Hosting/Off-Site storage services for CLIENT, under the following terms and conditions.
C4D agrees to prepare and present to the CLIENT a finished and effective website and/or mobile app, meeting the following Project Schedule, that supports the needs and interests of CLIENT, as described by the CLIENT.
1.“Basic Site” and/or "Mobile App" to be developed by C4D. C4D will provide fully functional website and/or mobile app at the rate of agreed upon amount per contract.
2.Should “Website Upgrades” and/or "Mobile App Upgrades" be selected, the overall price estimated will change to reflect new additions total.
3.CLIENT to pay half of grand total within 7 days of contract acceptance. CLIENT to pay final payment when site goes live or 31 days, whichever is sooner.
3.1. Website Hosting and Mobile App Hosting to be paid upfront during building stage and then monthly there after based off of agreed upon contract.
4.CLIENT to sign up with C4D Hosting at a rate based on the agreed upon contract. Should CLIENT wish to cancel C4D hosting services within the first year, CLIENT will be responsible to pay remaining years balance not to exceed $1,999.
5.CLIENT to provide all copy (textual information) for site within 4 weeks of production. If CLIENT fails to provide copy, final invoice will be issued after C4D provides placement text.
6.All invoices are payable within 15 days of receipt. A 10% bi-weekly service charge is payable on all overdue balances. The grant of any license or right to copyright is conditioned on receipt of full payment.
7.CLIENT shall assume responsibility for all collection and legal fees necessitated by default in payment.
8.One free website backup to CLIENT's secure C4D hosting location. One backup will be completed before website goes live. CLIENT responsible for incremental backups. CLIENT may commission C4D to periodically backup website/database.
9.Restore at additional $350 (based on CLIENT negligence) Restored file based on C4D backup.
10.Website backup Defined: - backup all CMS Database, Backend, Frontend, images, JavaScript, css (entire website) - backup for dynamic hosting also includes all CMS structural pages, all database tables - restore of static website is of static content only, like html, css, flash, images, JavaScript - restore of dynamic website is of static content and all Dynamic content and pages.
11.Two day turnaround time via email on questions and minor changes
12.Tech support for all hosting issues.
13.Maintenance Plan: $75/hr. (C4D to create accountability log on CLIENT website.) 1 hour = 60 minutes of maintenance time broken into 10 minute increments. If WPIC sends us a text, photo, media, etc. update and it takes C4D 20 minutes to complete, CLIENT has 40 minutes remaining time to use at their leisure. Time does not expire.
14.Changes: CLIENT shall be responsible for making additional payments for changes requested by CLIENT on the original assignment. CLIENT shall offer C4D the first opportunity to make changes to said website.
15.Modification to Contract: Modifications of the agreement must be written (email, etc.) except where the invoice may include and CLIENT shall pay fees or expenses that were orally authorized in order to progress promptly with the work.
16.Warranty of Originality: C4D warrants and represents that, to the best of their knowledge the work assigned hereunder is original and has not been previously published, unless stated as a template redesign or thereof or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from the third parties is original or if obtained on an unlimited basis; that C4D has full authority to make agreement; and that the work prepared by C4D does not contain any scandalous, libelous or unlawful material. This warranty does not extend to any uses that CLIENT or others might make of C4D’s work that may infringe on the rights of others. CLIENT expressly agrees that it will hold C4D harmless for all liability caused by the CLIENT's use of C4D’s work to the extent such as infringes on the rights of others.
17. CLIENT alloted 3 push notifications per month unless stated differently in contract. Push notifications must abide by Apple's push guidlines. See more on Apple.com.
18. Should C4D build and develop Apple Mobile App and/or Android Mobile App, CLIENT must host mobile app with C4D.
19. Should CLIENT choose to cancel mobile app subscription with C4D, CLIENT agrees to release ownership of mobile app in it's entirety to C4D.
20. All mobile app graphics (excluding CLIENT logos produced by CLIENT), code, files are property of C4D. CLIENT understands that they are paying for and subscribing to the development and monthly subscription for a mobile app. CLIENT retains no ownership over mobile app produced and developed by C4D.
* Created4Design reserves the right to change any and all terms and conditions without prior notice.
