last updated (03/14/2019)
GENERAL TERMS FOR DESIGN & DEVELOPMENT
You must accept the terms of this Agreement in order to use the Services. Bridge Road Marketing, LLC. reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Bridge Road Marketing, LLC.Web site (the “Site”). Your continued use of Services following Bridge Road Marketing,LLC.’s posting of any changes or modifications will constitute your acceptance of such changes or modifications.
The above named client is engaging Bridge Road Marketing, LLC.as an independent contractor for the specific purpose of developing a World Wide Web site to be installed on the client’s Web space located on an Internet Service Provider’s (ISP) server. Hereafter, the client will be known as the “Client” and Bridge Road Marketing, LLC.will be known as the “Developer.”
The Developer, employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any Confidential information obtained about the Developer to another party.
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material or use of those materials.
Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed upon Arbitrator suitor pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of the Developer.
PAYMENT TERMS & QUOTE
All aspects of what the client is looking to include in the website MUST be discussed BEFORE the project starts. If the client asks for something else to be included in the website (extra pages, programming, graphics) during the project, they will be charged accordingly.
All web design and development projects under $7500 will require 50% down payment. All projects over $7500 will require a 35% deposit. The final balance will be due before it is released to the client or published to the internet.
Bridge Road Marketing, LLC. accepts the following payment methods.
- Credit Card (all major)
- Wire Transfer (for amounts $5000+)
- Check (on a per client basis. Beginning 2017 we prefer all payments be digital)
All Invoices are due upon recieipt. Unless other aragements are made in writting between Bridge Road Marketing, LLC. and Client, any invoice not paid after 30 days will incur a 6% late fee. Any invoice not paid after 60 days will incur an additional 6% late fee. Any invoice not paid after 90 days will go to collection.
All invoices outstanding greater than 60 will be added to any recurring billing profile current on your account. This will show up as a onetime fee referencing the outstanding invoice in the “description” field of the recurring invoice.
NO CONTACT FROM CLIENT
All Clients must pay a 50% deposit before the start of the project. The remainder will be paid on website completion. If the project is at least 80% finished and there is no response or contact from the client for at least 2 week, Bridge Road Marketing, LLC. has the right to charge the client for the remainder. Bridge Road Marketing, LLC. will finish the project when the client decides to make contact and has the needed information/specifications to finish the project.
All projects will be given a start date and an end date at the initial consultation. A request to terminate services must be presented to Bridge Road Marketing, LLC.in writing.
Refund Amounts will be calculated in the following ways:
- A cancellation fee of 25% (twenty five percent) of the down payment will be retained for projects that have been booked, but cancelled prior to the start date.
- A cancellation fee of 40% (forty percent) of the down payment will be retained for projects that have been started and are in the design process.
- Projects that are in the development process at the time the request for termination is received will have no refund of their down payment.
Refunds will be given within 30 days of cancellation.
DESIGN & REVISIONS
Bridge Road Marketing, LLC. takes pride in providing attractive designs, and the vast majority of our clients are very pleased with the designs we create for them. However, design is a subjective art, and not everyone’s tastes are the same. While we will gladly make initial minor modifications for no additional charge, it is important to be clear on how revisions to the look of a website design are handled and at what stage they are handled.
There are a few stages involved in creating a website. One of the stage is the design creation. This is before any programming is done while creating a design with graphic design software such as Photoshop or Fireworks. Design preferences should be specified at that time, during the design stage. If the client develops preferences or changes his/her mind after programming, any design adjustments will be made by the hour at $75.00 per hour.
WEBSITE MAINTENANCE & SUPPORT
During web design & development, the work period starts after the initial deposit is made. The developer is available by email & phone during regular business hours. Email is preferred but tasks and issues that need immediate attention can be resolved by phone. Full support is given during the work period. The work period ends after all of the initial requirements are met and the final invoice is paid.
After development, the client has the option of signing up for website maintenance (in some cases 6 months support is included). If the client does not purchase a website maintenance service, they will not receive continued ongoing support. Ongoing support packages are available contact us for ongoing support and/or maintenance options.
TERMS OF CONTENT
When a web development service is purchased, it includes the functionality of the website. Some websites will have a shopping cart, photo gallery, image gallery or other forms of content storage and display. The developer IS NOT responsible for adding content. The developer will create the functionality only and will upload 1-5 products/Images/Videos/etc and then show the client how to add more. If the client needs uploading of products/images/videos/etc, then a website maintenance service needs to be opened for an hourly rate.
Final text will be supplied by the Client. Writing or content creation can be provided by Bridge Road Marketing, LLC.for additional charges. Transcription from non-digital media can be provided by Bridge Road Marketing, LLC. for additional charges as well. If preferred, a separate quote can be provided as an amendment to this agreement.
PROPOSAL & SCOPE
The client will get 3 documents from Bridge Road Marketing, LLC. before the start of any project.
- Project Proposal or Estimate or Quote – This will include a summary of each project area along with a quote
- Project Scope – All website functionality and aspects must be documented in the Project Scope Document sent to the client from Bridge Road Marketing, LLC. Anything outside of that document needs to be treated as a separate scope of work and needs to be quoted for.
- Standard Terms of Service – This document
In most cases jobs < $5000 will include all three items in a single estimate document.
The client is free to use any web hosting provider that they choose for their web design or development project (NOTE: Network Solutions or GoDaddy hosting plans will incur a $300 setup fee.). Bridge Road Marketing, LLC. offers web hosting service. Hosting is occasionally offered free for a predetermined “term” to web design & development clients. After the “term” is complete regular charges will occur.
If the website is hosted by Bridge Road Marketing, LLC., the client will receive continued support for hosting only. Hosting support includes downtime, server issues, email, FTP, etc. It does not include website maintenance. Website maintenance only continues if the client has a website maintenance contract.
A client may choose to move their hosting FROM another host to Bridge Road Marketing Hosting. Bridge Road Marketing Hosting will in many cases migrate your site to our servers at no charge. This service is free if the client maintains hosting with Bridge Road Marketing for a term of one or more year(s). If the client opts to move to a different host prior to two years there will be a $300 fee applied to the final invoice for the site move.
CROSS BROWSER COMPATIBILITY
This agreement includes the creation of a Web site viewable in the latest versions of major browsers (including Internet Explorer, Chrome, Safari, and Firefox.) Compatibility is defined herein as all critical elements of each page being viewable and functional in all modern browsers. Client is aware that some advanced techniques on the Internet may require a more recent browser version and brand or plug-in. Client is also aware that as new browser versions of browsers are developed, the new browser versions may not be backward compatible. In the absence of a Maintenance Agreement time spent to redesign a site for compatibility due to the introduction of a new browser version will be separately negotiated and in addition to the base price of our agreement.
Browsers Bridge Road Marketing, LLC.Does Not Support:
- Internet Explorer 7 (IE7) and below
GRAPHIC CREATION / BANNER ADVERTISEMENTS
Images that are not stock or not considered “part of the design” will be supplied by the client. Charges for design, graphics, banners are not included in the quote and must be purchased by the client.
CREATION OF ARCHIVAL COPY
The Developer will create one digital copy of the Client’s Web site at the Client’s request upon completion of the site and deliver digitally. A copy of the site provided on usb “thumb” drive my be purchased for $50.00 each and delivered via USPS insured.
SEARCH ENGINE OPTIMIZATION
The Developer will optimize the Client’s Web site with appropriate titles, keywords, descriptions and text for basic search engine rankings. The Developer also offers advanced search engine optimization and site promotion services. Please see “Other Services”
ASSIGNMENT OF PROJECT
The Developer reserves the right to assign certain subcontractors to this project. The Developer warrants all work completed by subcontractors for this project. When subcontracting is required, the Developer will only use industry recognized professionals.
USE OF THIRD PARTY SOFTWARE
The Developer uses various software products managed exclusive of Bridge Road Marketing, LLC. for project management, accounting, client management, website, email, & social media markteing, other intergrations. The Client understands that Bridge Road Marketing is not responsible for the transfer of data between these products. The Client must create a unique login when accessing these products, and each member of The Clients team must also utilize a unique login.
COPYRIGHTS AND TRADEMARKS
The Client represents to the Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Developer for inclusion in the Client’s Web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
OWNERSHIP OF WEB PAGES AND GRAPHICS
Copyright to the finished assembled work of Web pages produced by the Developer and graphics shall be vested with the Client upon final payment for the project. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project.
“WEBSITE BY” LINE
A small line stating “Website by Bridge Road Marketing” with a link to our site will be added to the footer of the website. The client may request to remove the sign for an additional fee of $75. There are cases where the fee can be waived such as clients outsourcing work to Bridge Road Marketing, “White Label” projects and various other consulting work.
Cancellation of the project at the request of the Client must be made by certified letter. In the event that work is postponed or canceled at the request of the Client by registered letter, the Developer shall have the right to retain the original deposit. In the event this amount is not sufficient to cover the Developer for time ($75 per hour) and expense already invested in the project additional payment will be due. If additional payment is due, this will be billed to the Client within 10 days of notification via registered letter to stop work.
This contract and the Appendices attached thereto constitute the sole agreement between the developer and the client regarding this project. It becomes effective when any web design or development service, social media marketing serivce, email marketing service, or any other service provided by Bridge Road Marketing, LLC, is purchased. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Developer. Both parties warrant that they have read and understand the terms set forth in this agreement.
Bridge Road Marketing reserves the right to terminate a working relationship at any time for any reason.
Bridge Road Marketing prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual’s income is derived from any public assistance program, or protected genetic information in employment or any working relationship.
last updated (03/14/2019)