The following terms and conditions apply to all website development / design services provided to the Client by Haeck Design. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
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 for services to be provided by Haeck Design are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Haeck Design reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three (33) percent is required after the development stage, with the remaining thirty three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials. Payment for services are invoiced through PayPal which allows several payment methods. Additional billing methods can be setup prior to starting a project, if requested. Checks and money-orders should be made payable to Haeck Design and sent to Haeck Design, 710 N. Person Street Raleigh, NC 27604.
3. Client Review
Haeck Design will provide the Client with an opportunity to review the appearance and content of the website during the design phase and 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 Haeck Design otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control ***
Haeck Design will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Haeck Design receiving initial payment, unless a delay is specifically requested by the Client and agreed to by Haeck Design. In return, the Client agrees to delegate a single individual as a primary contact to aid Haeck Design with progressing the commission in a satisfactory and expedient manner. Existing clients may request additional work via email, those hours will be quoted prior to work and invoiced separately upon approval. During the project, Haeck Design will require the Client provides website content; text, images, videos, and sound files.
5. Failure to provide required website content:
Haeck 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 inquiries 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 of up to 25%. If your project involves Search Engine Optimization we need the text content for your site in advance so that the SEO strategy can be planned and completed efficiently. If you agree to provide us with the required information and subsequently fail to do so within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a non-formatted text file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Please contact us if you need clarification on this.
Invoices will be provided by Haeck Design upon project completion. Invoices are normally sent via email; however, the Client may choose to request a hard copy if needed. This copy will not delay the payment due date, but is provided as a courtesy for record keeping. Invoices are issued at Net15 with due dates clearly marked. Accounts that remain unpaid after the date of the invoice will be assessed a service charge in the amount of the higher of fifteen percent (15%) or $50 per month of the total amount due. An additional service charge will be accrued (30) days from the invoice due date and a final upon (60) days from the invoice due date.
7. Additional Expenses
Client agrees to reimburse Haeck Design for any additional expenses necessary for the completion of the work. These expenses will require prior notification and written approval from Client. Examples would be purchase of special fonts, stock photography, etc.
8. Web Browsers
Haeck Design makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Chrome, Safari). Client agrees that Haeck Design cannot guarantee correct functionality with all browser software across different operating systems, but every effort will be made to do so. Haeck Design cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Haeck Design reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
9. Default ***
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default holds access to any project files, Haeck Design will, at its discretion, remove or revert all such material from shared drives or servers. Haeck Design is not responsible for any loss 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. Returned checks will be assessed a return charge of $35 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Haeck Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Haeck Design in enforcing these Terms and Conditions.
Termination of projects by the Client must be requested in either written or email format. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days. Long-term service agreements (1 year or longer) require (90) days of notification by either Haeck Design or the Client. This grants us appropriate time to budget third-party tools, compile project assets, and transfer admin access of third-party tools to either the Client or a designee.
All Haeck Design services may be used for lawful purposes only. You agree to indemnify and hold Haeck Design harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files, and graphic logos provided by the Client, and grants Haeck 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 Haeck Design permission and rights for use of the same and agrees to indemnify and hold harmless Haeck 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 to Haeck Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Haeck Design to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
14. Design Credit
A link to Haeck Design will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed prior to project completion, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $5000, a fixed fee of $500 will be applied. The Client also agrees that the website developed for the Client may be presented in Haeck Design's portfolio.
15. Access Requirements ***
If the Client's website is to be installed on a third-party server, Haeck Design must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. This access is required upon commencement of a project and Haeck Design will not be liable for any delays incurred in the delay of such access. Depending on the specific nature of the project, other resources might also need to be configured on the server. Any such resources will be clearly communicated to the client prior to starting any project.
16. Post-Placement Alterations
Haeck 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.
17. Domain Names
Haeck Design may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation, or otherwise of the domain brought about by non or late payment is not the responsibility of Haeck Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
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.
Haeck Design hereby excludes itself, its Employees and or Agents from any and all liability from:
The entire liability of Haeck 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.
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.