Terms & Conditions
Now entering labor intensive reading section.
Davidsolomondesigns.com, a contractor, herein referred to as “DSD” and payee, client, customer, one who pays David Solomon Designs for products and/or services, herein referred to as “CLIENT”, for the design and deployment of a state of the art Web-Site, and/or Mobile App and Hosting/Off-Site storage services for CLIENT, under the following terms and conditions.
DSD agrees to prepare and present to the CLIENT a finished and effective website and/or mobile app, meeting the following Project Schedule, that supports the needs and interests of CLIENT, as described by the CLIENT.
1.“Basic Site” and/or "Mobile App" to be developed by DSD. DSD will provide fully functional website and/or mobile app at the rate of agreed upon amount per contract.
2.Should “Website Upgrades” and/or "Mobile App Upgrades" be selected, the overall price estimated will change to reflect new additions total.
3.CLIENT to pay half of grand total within 7 days of contract acceptance. CLIENT to pay final payment when site goes live.
3.1. Website Hosting and Mobile App Hosting to be paid upfront during building stage and then monthly there after based off of agreed upon contract.
3.2. It is permisable for CLIENT to upgrade website hosting subscription from $20/mo to either $45/mo and/or $99/mo plan.
3.3. If CLIENT has a $45/mo and/or $99/mo hosting subscription plan, CLIENT may not downgrade to $20/mo hosting subscription.
3.4. If CLIENTS is subscribed to $99/mo hosting subscrption, CLIENT may downgrade to $45/mo hosting subscription.
3.4.1. Should CLIENT choose to downgrade, CLIENT understands all but 3 website upgrades (Rotating Banner, Message Manager, Contact Form) will be removed unless payment for upgrades is rendered.
4.CLIENT to sign up with DSD Hosting at a rate based on the agreed upon contract. Should CLIENT wish to cancel DSD hosting services within the first year, CLIENT will be responsible to pay remaining years balance not to exceed $1,999.
5.CLIENT to provide all copy (textual information) for site within 4 weeks of production. If CLIENT fails to provide copy, final invoice will be issued after DSD provides placement text.
6.All invoices are payable within 15 days of receipt. A 10% bi-weekly service charge is payable on all overdue balances. The grant of any license or right to copyright is conditioned on receipt of full payment.
7.CLIENT shall assume responsibility for all collection and legal fees necessitated by default in payment.
8.One free website backup to CLIENT's secure DSD hosting location. One backup will be completed before website goes live. CLIENT responsible for incremental backups. CLIENT may commission DSD to periodically backup website/database.
9.Restore at additional $350 (based on CLIENT negligence) Restored file based on DSD backup.
11.Two day turnaround time via email on questions and minor changes
12.24/7 tech support for all hosting issues. (Hosting support information found on DSD website.)
13.Maintenance Plan: $75/hr. (DSD to create accountability log on CLIENT website.) 1 hour = 60 minutes of maintenance time broken into 10 minute increments. If WPIC sends us a text, photo, media, etc. update and it takes DSD 20 minutes to complete, CLIENT has 40 minutes remaining time to use at their leisure. Time does not expire.
14.Changes: CLIENT shall be responsible for making additional payments for changes requested by CLIENT on the original assignment. CLIENT shall offer DSD the first opportunity to make changes to said website.
15.Modification to Contract: Modifications of the agreement must be written (email, etc.) except where the invoice may include and CLIENT shall pay fees or expenses that were orally authorized in order to progress promptly with the work.
16.Warranty of Originality: DSD warrants and represents that, to the best of their knowledge the work assigned hereunder is original and has not been previously published, unless stated as a template redesign or thereof or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from the third parties is original or if obtained on an unlimited basis; that DSD has full authority to make agreement; and that the work prepared by DSD does not contain any scandalous, libelous or unlawful material. This warranty does not extend to any uses that CLIENT or others might make of DSD’s work that may infringe on the rights of others. CLIENT expressly agrees that it will hold DSD harmless for all liability caused by the CLIENT's use of DSD’s work to the extent such as infringes on the rights of others.
17. CLIENT alloted 3 push notifications per month unless stated differently in contract. Push notifications must abide by Apple's push guidlines. See more on Apple.com.
18. Should DSD build and develop Apple Mobile App and/or Android Mobile App, CLIENT must host mobile app with DSD.
19. Should CLIENT choose to cancel mobile app subscription with DSD, CLIENT agrees to release ownership of mobile app in it's entirety to DSD.
20. All mobile app graphics (excluding CLIENT logos produced by CLIENT), code, files are property of DSD. CLIENT understands that they are paying for and subscribing to the development and monthly subscription for a mobile app. CLIENT retains no ownership over mobile app produced and developed by DSD.
21. Billing – Payment:
21.1. Customer will pay to Greedbegone.com a service fee for the Services in the manner set forth in the Order Form.
21.2. Unless otherwise specified, all fees and related charges shall be due and payable within two (2) days after the date of the invoice and/or subscription. If any invoice and/or subscription are not paid within two days the account will be suspended.
21.3. There is a $75 fee for any illegitimate chargebacks placed against us. Any illegitimate chargebacks or threatened illegitimate chargebacks are grounds for immediate account cancellation.
21.4. If Greedbegone.com collects any payment due at law or through an attorney at law or under advice there from or through a collection agency, or if Greedbegone.com prevails in any action to which the Customer and Greedbegone.com are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Greedbegone.com's reasonable attorneys' fees.
21.5. If any check is returned for insufficient funds Greedbegone.com may impose a processing charge of $25.00.
21.6. In the event that any amount due Greedbegone.com remains unpaid thirty (30) days after such payment is due the unpaid services will be terminated.
21.7. Customer acknowledges and agrees that Greedbegone.com may pre- charge Customer's fees for the Services to its credit card supplied by Customer during registration for the Initial Term.
* Greedbegone reserves the right to change any and all terms and conditions without prior notice.
Wow... now that's a lot of information.