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Terms & Conditions

Once the project has moved from one phase to the next, based on your feedback and approval, any requests for changes that fall in a previous phase will result in a change order being created and any out-of-scope fees will be assessed. If you would like us to move forward with those changes, any additional fees will be passed on to you.

3rd Party Software:
If any 3rd party software is necessary to complete this project the fee for the software will be passed on to you and invoiced separately.

WordPress Training:
You will receive a training video on how to use and update your website.

*This training is only for custom websites built by David Taylor Design.

Accountability for Evolving Technology:
All work is completed and tested on the presently available technologies. David Taylor Design’s accountability is limited to current technologies only. Changes to technology that may later affect functionality are beyond the control and scope of this Statement of Work.

Change Control of Requirements:
This document is an estimate based on information we have so far.  If there are missing items in this estimate that are required the price may fluctuate. All costs will be approved before we begin work. Once the requirements are approved, any future additions or change requests after approval will require an impact assessment to determine added costs and schedule changes.

Change Orders:
Clients may request edits/alterations to this scope of work if they wish. However, what appear to be minor alterations to the client may require considerable effort on our part. If change orders are requested they will be billed at our hourly rate. We will notify the client when a change order occurs and keep an open dialog about them.

Client Use of Unauthorized Photos/Imagery:
If photos (stock or other) are added to your website without the permission of the source (original photographer) or purchased rights to use from a reputable stock photography site such as iStock or Shutterstock, you may  become in violation of copyright infringement and may be liable for damages to those entities. David Taylor Design is not responsible for any damages the client may occur because of this.

Technical Support:
All requests are tracked and billed in 15 minute increments

Hosting Terms of Service:
David Taylor Design prefers to host all client websites we manage web so that our team has 24/7 access and to ensure that the technical environment in which it lives remains compatible with the WordPress software. Below are hosting payment options:

  1. Monthly (preferred) via auto-charges made to a credit card kept on file within our Quickbooks/Inuit account (includes a 3.5% processing fee)
  2. Bi-Annually or Annually via ACH (including a 1% processing fee from Quickbooks)
  3. Bi-Annually or Annually via Corporate check.

If you decide to move to another hosting solution at a later date, we require one (1) month’s written notice. No monies will be refunded for the time remaining for that term.

Any time required by David Taylor Design to transfer your website to another hosting provider will incur charges to be determined at that time. At David Taylor Design’s discretion, we may temporarily suspend your hosting account if any payment for hosting goes unpaid for 30 or more days past the invoice due date.

SEO Results Not Guaranteed:
Due to the ever changing algorithms used by search engines such as Google and Yahoo!, no company, can ever guarantee SEO top organic search rankings. That said, the more relevant keyword-rich content we add to the site and across your social media outlets, the more we will move your website in the right direction in search rankings.

Website Hacking & Security Limitation:
We cannot guarantee with 100% certainty that the website will not get hacked or held under “ransom” by professional and malicious individuals. Our security and monitoring protection is a first line of defense for hacking attacks that can be remedied with  finding and fixing malware code.

WordPress Client Limitations:
Please note that much of the new website will be editable by your company. However, there are some sections of the site that will not, as these “structural” areas will require someone with more intimate knowledge of PHP coding, WordPress, and database experience to update them..

Dormancy Clause
We understand that sometimes life happens and you may need to pause work on your project. That is completely acceptable if we are notified and made aware of your situation in advance. If your project goes more than 30 days without any forward progress or significant activity from your end, and no prior arrangements have been made with us and agreed to, your project will be put on hold and all associated files will be archived. Once your project has been archived, a 10% reactivation fee (of the total project) is required to restart your project. Your project will be scheduled into our production calendar at the first available slot.

Dormancy Cancellation Clause
If your project remains inactive for an additional 15 days past the 30 day dormancy period (45 days total) with no significant forward progress made, milestones reached, or prior arrangement/communication in place, our engagement will automatically expire, no refunds will be available, and you will forfeit all deliverables associated with this client agreement. I.e., if you disappear for 45 days, or delay the project with no forward movement and no communication for 45 days, this contract will be canceled. You will be required to pay a final invoice of 100% of any outstanding team time incurred to date, plus a 20% project Kill fee of the total project fee.

Exit Clause
David Taylor Design or the client reserve the right to cancel the project at any time with 30 days notice and the payment of applicable fees. This termination of agreement must be agreed to in writing. David Taylor Design reserves the right to first remedy any dispute. Client to pay 100% of team time incurred to date, plus a 20% Kill fee or total project fee (whichever is less.) Upon full payment of separation agreement, David Taylor Design will release any work product completed to the client.

Refund and Cancellation Policy:
Payments for custom design projects are made to us in increments as a courtesy to the client. Once a pre-payment is made it is non refundable. If a project is canceled or postponed, David Taylor Design retains all monies paid and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the  client.

Requests for Support:
Maintenance plan clients get priority support with a turn around time for requests of three business days. If a client without a maintenance plan has a need for support our team will generally manage it within seven business days (but no guarantee).

RUSH Fees:
For any immediate requests (shorter than three business days for maintenance plan clients and seven days for non- maintenance plan clients) for work that are made after our normal  business (Monday – Friday 9am – 5pm), weekend hours  (Fridays from 5pm  through Mondays at 9am), or federally recognized holidays rush fees may be incurred. The typical rush fee will be based on one and a half (1.5x) our normal hourly rate bill separately from any maintenance plan the client may be on.

Late Fees:

Any invoice that goes unpaid past the noted due date will have a 1.5% late fee added to the balance due. Every two (2) weeks thereafter, a 1.5% compounded late fee will be assessed until the balance is paid in full. For faster payment, please reach out to tanya@davidtaylordesign.com for a link to make an online payment via our Quickbooks online account.

TIP: Be sure we have the correct email address(es) for everyone that should receive invoices for payment or speak with us about setting up recurring charges via Intuit.

Content Provided By Client:
If the client chooses to supply the copy for the project David Taylor will not proof read any content unless agreed upon for an additional charge. The client will supply content vetted and ready for use on the website.

Price Increases:
After your first year with David Taylor Design, we reserve the right to increase pricing to account for inflation and the increased costs of doing business.

Website Ownership:
Throughout the design, development and launch of the website, David Taylor Design retains ownership of all designs, website code and any other digital property we create to build the website. Transference of website ownership occurs when the final payment of the website is received and cleared at our bank.

Project Phases
We do not move forward from one phase to the next without approval. By approving you are agreeing to and if you go back a step there will be extra changes.

Fonts:
If the client chooses to not use a Google free font any IP used  must be owned or licensed by the client. David Taylor Design will not be responsible for any fees attached if the license purchase is not accurate or a free font is used.

Out of Pocket Expenses / Travel Expenses:
Out of pocket expenses (such as transcription services) and travel expenses are not included in the cost of this estimate. These expenses are not expected to exceed 10% of the project cost.

ADA Compliance:
This website will not conform to Americans with Disabilities Act (ADA) protocols. It is the client’s responsibility to check with their lawyer and determine if ADA Compliance is necessary. If this is required ADA compliance can be added as a separate service fee. Please let us know if this is necessary. Note: Websites can be retrofitted in the future if necessary.

Missed Due Dates:
Once the project begins the project manager will set dues dates for deliverable from the client. If a due date is missed fees will be incurred and it will extend the estimated completion date based on our production schedule.

Retention Policy:
Correspondence will be deleted:

  • David Taylor Design deletes email correspondance older than one year old. We can assume no responsibility for information sent and consequently deleted.

Files will be deleted:

  • Upon separation, David Taylor Design deletes all client files and assumes no responsibility for maintaining any archive copies.

Fun Clause: 
Working with David Taylor Design is more fun than working with other companies. When you visit our office our Chief Motivating Puppy will sit on your feet and love you forever. You can come and pet him anytime.

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David Taylor Design
156 Carteret Street Glen Ridge, NJ 07028

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