Hinsdale Web Design

Website Design | Website Hosting | Website Support

Terms and Conditions

The following terms and conditions apply to all website development/design services, hosting, support, social media services and all other services provided by Hinsdale Web Design to the Client.

Acceptance

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.

Charges

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Monthly subscription services such as maintenance plans and social media services are paid up front for the month of service.
Website hosting and domain name renewals are due upon receipt of invoice and non-refundable. Failure to pay will result in possible loss of domain name and cancellation of website hosting account and domain name.

INTELLECTUAL PROPERTY

Once the project fee is paid in full to Hinsdale Web Design and no outstanding invoices or debt exists, any elements of text, graphics, photos, contents, trademarks, or other artwork furnished for inclusion in website, plus the website in full; are owned by the Client. Should the Client decide in the future to not have Hinsdale Web Design host the website or provide the monthly maintenance; all codes and other information necessary for the Client to continue the website will be provided by Hinsdale Web Design,  to the Client upon request.

Hinsdale Web Design, assumes that the client has permission from the rightful owner to use any images, content, or design elements that are provided by the Client for inclusion in the website, and will hold harmless, protect, and defend Jeff Miller, Hinsdale Web Design, or its employees from any claim or suit arising from the use of such elements.

Client Review

Hinsdale Web Design,  will provide the Client with an opportunity to review the appearance and content of the website during the design phase 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 Hinsdale Web Design, within 14 days.

Failure to provide required website content:

Hinsdale Web Design, 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 enquiries 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 and delay the project build time.

If you agree to provide us with the required information and subsequently fail to do within two weeks of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.

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.

Payment

Invoices will be provided by Hinsdale Web Design, 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.

Additional Expenses

Client agrees to reimburse Hinsdale Web Design, for any additional expenses necessary for the completion of the work. Examples would be purchase of special software, fonts, stock photography etc.

Default

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 Hinsdale Web Design’s Web space, Hinsdale Web Design will, at its discretion, remove all such material from its web space. Hinsdale Web Design 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 result in the Client’s account being immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Hinsdale Web Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Hinsdale Web Design in enforcing these Terms and Conditions.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. 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.

Indemnity

All Hinsdale Web Design services may be used for lawful purposes only. You agree to indemnify and hold Hinsdale Web Design harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Hinsdale Web Design 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 Hinsdale Web Design permission and rights for use of the same and agrees to indemnify and hold harmless Hinsdale Web Design 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 Hinsdale Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Design Credit

A link to Hinsdale Web Design website will appear in small type at the bottom of the Client’s website and it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Hinsdale Web Design‘s portfolio.

Post-Placement Alterations

Hinsdale Web Design 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.

Search Engine Ranking and General Website Success

Hinsdale Web Design wants to see your website and business succeed and therefore puts our search engine ranking knowledge to work on your website. However, there is no guarantee that your website will rank on the first page or on any search engine page. Your website is a marketing tool and “build it and they will come” does NOT apply. Hinsdale Web Design cannot be held responsible for the success or failure of your website or business. 

General

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.

Liability

Hinsdale Web Design 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 website;
  • 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 Hinsdale Web Design 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.

Severability

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.