Please be aware that once you have submitted your initial payment you are agreeing to uphold the design terms below in their entirety. You are responsible for adhering to the terms and conditions listed here, even if you don’t read them. These terms apply to our web design and PSD to Genesis services.
Price quotes are valid for 30 days after they are issued. Once the 30 days have passed, if your project has not started or has not be scheduled, a new quote must be submitted.
A fifty percent (50%) down payment is required to schedule a start date for your project. All projects begin on a Monday.
The first deliverable is typically ready two weeks from the project start date. For Basic websites and our PSD to Genesis service, this will be a fully-functional demo site. For all other website packages it will be a graphical website design concept. Following approval of the design concept, the demo site will be ready after an additional two week development period.
Large or complex projects made deviate from this timeframe, which will be disclosed when delivering a price quote for your project.
You agree to provide Penny Webs with any and all content, graphics, and other information necessary to complete the website. Penny Webs does not offer copywriting services and is not responsible for furnishing the content or imagery for your website.
In most cases, you will be responsible for logging into the backend of the website and adding or editing page content as necessary. If you are unable or unwilling to do so, Penny Webs will typically enter the first 10 pages of content for free; additional pages can be entered for an additional fee, which will be incorporated into the project quote or billed separately at our hourly rate.
Demo Websites are made available via a temporary URL hosted on our server. You will have the opportunity to view, log in to and otherwise test the complete, functional website to your full satisfaction.
Final payment for the project is due one week after the demo website is provided for review. For Basic websites and our PSD to Genesis service, this is 3 weeks after the project start date. For all other website packages it is typically 5-8 weeks after the project start date.
Overdue invoices will incur a 10% late fee, and no further changes will be made to the website until payment is received. In the event that payment is not received within 180 days of the invoice due date, Penny Webs reserves the right to remove all website content from the Internet.
After you receive and review the demo website, you’re encouraged to send us your feedback and request any necessary revisions to the design, layout, & content of the site. You have an unlimited time period for making change requests, so this phase can continue for as long as necessary. Minor to moderate revisions are provided for free, and include things like updating text, changing colors & fonts, resizing or repositioning minor elements, etc.
Client Amends/Excessive Changes
Penny Webs understands that you may request significant design changes to pages that have already been built to your specification. To that end, please note that our agreement does not include a provision for “major page modification” or the creation of additional pages in excess of those specified in the original price quote. If major page modification is requested after a page has been built, additional charges will apply.
Clients who anticipate frequently changing the look of their site during the design process and Clients who desire to be intricately involved in the design of each page are encouraged to negotiate an agreement which allows for that. If you request major page modification beyond the scope of the original agreement, the work will be billed at our hourly rate.
Minor to moderate changes, however, will always be covered during the development of the site.
Once content entry & revisions have concluded the project launch date will be scheduled. If additional payment is owed for major page modification you will be billed for it at this time. Once payment has been received, the finished website will be migrated to your hosting account on the scheduled date and be considered complete. You have 5 business days from the time the website goes live to ask any questions about the site or WordPress. Any subsequent questions or modifications you’d like made will incur our hourly fee.
We accept payment via PayPal or cashier’s check and money order by mail. Credit card payments can be made through Paypal. (You do not need to have a Paypal account to pay by credit card.) We do not typically accept personal checks unless we have prearranged it, and generally only accept business checks from local businesses. In the case of payment via mail, the cashed check must clear before your project is scheduled.
Due to the nature of the service provided, Penny Webs will not issue refunds for any reason.
Hosting & Authorization
The Client acknowledges that Hosting for a WordPress-based website is not included in the pricing of website packages. If they do not already have it, Penny Webs can provide in-house hosting for a monthly fee, otherwise the Client is responsible for acquiring their own hosting and domain through an approved hosting provider that supports WordPress. (Several recommendations for suitable providers are given here.)
At the time of purchase, the Client is agreeing to provide Penny Webs with login information for any hosting, domain account or blog account for the purposes of installing and setting up the purchased design and web elements.
Because we work on a freelance basis and often operate during non-traditional hours, most conversations during the design & development process rely heavily on rapid email or other online communication. It is recommended that during the initial design and/or development phase that you are available to check your email at frequent intervals, as there will be instances where sign off and approval are needed to progress.
If you fail to respond in a timely manner then delays to the projected timeframe become unavoidable. If your project becomes significantly delayed to the point of conflicting with other scheduled projects, it may be postponed and rescheduled to the next available opening in our calendar.
Third Party or Client Page Modification
Some Clients desire to independently edit or update their web pages after completion of the site as a way to control costs and avoid the expense of a maintenance agreement. This is always an option for our clients. Note, however, that if this option is selected and you or your agent other than Penny Webs attempts to update the website and damages the design or impairs the ability for the web pages to display or function properly, time to repair the site will be assessed at our hourly rate. There is a one hour minimum.
Cross Browser Compatibility
All websites built by Penny Webs are viewable in the latest versions of major browsers (including Internet Explorer, Netscape Navigator, Mozilla and Firefox, Opera, and Safari.) Compatibility is defined as all critical elements of each page being viewable and functional in all browsers. Please be aware that some advanced techniques on the Internet may require a more recent browser version and brand or plug-in in order to display properly. The Client is also aware that as new 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.
Copyrights and Trademarks
Clients must represent and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Penny Webs for inclusion in their website 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.
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 agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material or use of those materials.
Penny Webs does not guarantee the success or sales of websites or blogs. Clients are responsible for sale of products and/or services and we cannot be held liable or responsible for the success of any given site or blog.
Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Penny Webs‘s development of the Client’s website. This includes liabilities asserted against Penny Webs, its subcontractors, agents, clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.
Client also agrees to defend, indemnify and hold harmless Penny Webs against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s Web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
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.
All clients must agree that Penny Webs may put a byline in the footer of their website establishing design and development credit. This byline may not be removed at anytime unless the template I created is also removed. You must also agree that the website created may be included in my portfolio.
Penny Webs, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of their agreement disclose any confidential information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about Penny Webs to another party.
Penny Webs recognizes “word-of-mouth” advertising as the most favorable method of developing new business. As such, I want to reward customers who are pleased with my work and refer me to another individual, business, or organization. If you refer my services to another party and I ultimately establish a contract with that party, I will provide you with two hours of free website maintenance service (a value of $120).
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 your request, Penny Webs shall have the right to retain the original 50% deposit. In the event this amount is not sufficient to cover time ($60 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. Final payment will be expected under the payment terms as listed above.
Future website maintenance requirements outside the scope of the original statement of work will be performed by Penny Webs at a rate of $60/hour with a minimum charge of one hour. Penny Webs will obtain permission based on a verbal/email estimate prior to performing any additional work or website maintenance.