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Website Design Terms
and Conditions
A. Terms & Conditions
-
Project Description
It is understood that Gondola Webworks
will provide the design services as set forth in the
agreed
estimate.
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Client Input
In order for Gondola Webworks to produce
the best possible product, the client needs to supply
all required supporting information and resources. These
include, but are not limited to:
-
Graphics, logos, colour schemes,
stationery, and any preconceived website design
layouts that the client may have.
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Textual information that is to form
the basis of the web site.
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Photographs and other media.
The client's satisfaction with the
finished product is directly linked to how well Gondola
Webworks is able to interpret the client's vision.
Therefore, to this end, client input is vital.
Gondola Webworks will prepare the draft
of the main page of the web site, and optionally, one
subsidiary page to the client to critique. The client is
asked at this time to make change requests to any
element in the web page design. If the client can make
sketches or equivalent, detailing these changes that
would be most beneficial.
Clients are also encouraged to identify
examples (on the Internet), if possible, of what they
would like their web site or web site graphics, to look
like.
-
Payment Schedule
Clients may pay for design services in
full, through the website shopping cart. Alternatively,
they may be billed according to the following
milestones:
First Payment – Contract Signing 15% of
estimated cost, plus expenses*
Second Payment – First Draft 35% of
estimated cost
Third / Final Payment – Project
Completion 50% of estimated cost, plus extras**
* Expenses not related to design work –
includes domain name registration, etc. if hosting with
Gondola Webworks
** Extras include extra web space, extra
pages, etc. – as agreed and approved by the client
during the design process
Gondola Webworks reserves the right to
refuse to work on any client's website design after
reviewing the material to be published. Should this be
the case, any retainer received by Gondola Webworks will
be fully refunded, less the costs of returning the
client's materials to the client. Only in this case will
fees be refundable.
-
Deliverables
At the completion of the project, and
after final payment is received, all materials produced
by Gondola Webworks belong to the client. The client is
the copyright holder unless noted and agreed otherwise.
To this end, the entire website will be
submitted to the client either by email attachment, or
diskette, if the website is to be hosted elsewhere.
Gondola Webworks will also archive a copy of the website
documents should the client need to have additional work
done at a later date. No copyrightable portion of the
client's website will be used in any other web site
produced by Gondola Webworks.
In the event that the website is hosted by Gondola
Webworks, the website's files delivery to the client
will be the posting of said files to the web space.
Materials submitted to Gondola Webworks for use in the
creation of the web site will also be returned to the
client.
-
Logo Display
Gondola
Webworks reserves the right to place, and have
displayed, its logo and /or contact information as
creator of
the web site on any web page designed by Gondola
Webworks.
This small button or one of similar design and size will
be placed towards the bottom of the page in a position
of low prominence.
-
Should the website also be hosted with Gondola Webworks,
a separate Web Hosting
Contract will be required.
B. Disclaimer
The materials in any website produced by
Gondola Webworks are provided "as is" and without
warranties of any kind either express or implied.
To the fullest extent permissible
pursuant to applicable law, Gondola Webworks disclaim
all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and
fitness for a particular purpose.
Gondola Webworks does not warrant that
the functions contained in the materials will be
uninterrupted or error-free, that defects will be
corrected, or that the servers hosting websites in the
Gondola Webworks are free of viruses or other harmful
components.
Gondola Webworks does not warrant or
make any representations regarding the use or the
results of the use of the materials in any website
produced by Gondola Webworks, in terms of their
correctness, accuracy, reliability, or otherwise. The
Client (and not Gondola Webworks) assumes the entire
cost of all necessary servicing, repair or correction,
unless it can be clearly determined that the errors
and/or omissions are the fault of Gondola Webworks at
the time of product creation, where instructions were
clearly given by the Client and said instructions were
not followed.
C. Limitation of Liability
Under no circumstances including, but not limited to,
negligence, shall Gondola Webworks be liable for any
special or consequential damages or loss of earnings
that result from the use of, or the inability to use,
any website produced or hosted by Gondola Webworks, even
if Gondola Webworks or its authorized representative(s)
have been advised of the possibility of such damages.
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