Terms and Conditions
These are the standard terms and conditions of service for web design and development work undertaken between you, the buyer (hereinafter referred to as “You”, “Customer”, “Client” or “Subscriber”), and us, the seller, Elk River Web Design and Development (hereinafter referred to as “Our”, “Us” , “We”, “Developer” or “Elk River Web”).
Please read these terms and conditions thoroughly. By purchasing and using our services you imply that you’ve have understood and accepted the terms and conditions of Elk River Web Design and Development.
All project quotes are based upon our best understanding of your requirements at the time. Any later additions or changes to the desired functionality may incur additional charges. It is your responsibility to communicate your needs with clarity and ensure that we have appropriately understood your needs.
Communications should be via email, in order that we may retain orderly historical records of requests and communications. If location allows, we highly recommend clarifying your request by meeting in person before starting a new project.
Unless otherwise agreed upon in writing or included in a monthly plan subscription, a 50% deposit of the total fee payable under our proposal is due immediately upon your instruction to proceed. The remaining 50% shall become due when the work is completed to your reasonable satisfaction and subject to the terms of the “Completion of Work”.
Completion Of Work
The client will be notified upon completion of the website and be given a chance to review our work. The client must notify us in writing with any concerns or dissatisfaction with the work within 7 days of this notification. Any work that has not been reported as unsatisfactory after the 7 day review period will be deemed approved. Once work has been approved, or deemed approved, work can not be rejected. The contract will be deemed to have been completed, the work will be delivered in its final state, and the remaining 50% balance will become due.
The client agrees not to hold us accountable for any damage or errors introduced into the product by the client or any third party after the work has been completed and delivered.
The client may request updates and changes to the completed work after it has been delivered. The work is subject to our approval, and if approved, will be quoted for in writing based on an hourly rate.
Upon acceptance of the terms and conditions work on your new website begins. The responsibilities of development can be outlined as follows.
Collection of information
To begin your project we will first need to gather the information required to plan and develop your website. Information may include, but is not limited to, graphics, images, text and necessary online account credentials. As the project progresses, we may require additional information. You agree to respond to our requests and provide the required information in an ordered and timely fashion. Failure of the client to provide this information may result in delays. Website development will not begin until all requested information has been received. In the event of delays caused by clients failure to provide requested information, we reserve the right to alter our original quote and/or charge additional fees.
Website development begins when information collection is completed. Planning and design of the website will progress according to our understanding of the requirements and expectations of the client. Development time depends on the size and scope of the project and are contingent upon your full co-operation. We will inform the client of the projects start date, along with an estimated date of completion. When deemed appropriate by us, we reserve the right to delay project completion for any unforeseen action or inaction by the client or any third party. The client agrees not to penalise us for delays when every effort by us has been taken to adhere to the proposed schedule. We are not liable for any delays caused by the requested addition or change to the sites functionality made after the projects start date.
Review and Approval
At some point during the development stage, the client will receive a URL, username and password to a private development site. It is expected that the client will login periodically to review the site during its development. The client agrees to provide feedback and direction in an organised and timely manner, and it is not our responsibility to follow up with the client for feedback not received.
Following completion and acceptance of the review and development stage, the site will be deemed complete. With the client’s consent we will migrate the site from the development server onto its production environment and make it available to the public. In cases where the site’s domain registration has not been made through us., the client is required to provide the domain name registrar login credentials that enable us to make changes to the domain name servers and direct website traffic to your chosen domain. The site can not move to production without this information.
When the website is in production, you can begin making requests for content changes and updates. Customers subscribed to one of our full service monthly payment website plans benefit from the inclusion of many content updates without incurring extra charges. Any website changes that fall outside the realm of acceptable requests will be quoted for and invoiced at our hourly rate.
Monthly Plan Customers
Content updates included in the monthly plans include changing text copy, adding or removing images, changing the logo, tweaking forms, updating products and altering colours and fonts.
Updates that are not acceptable include, but are not limited to, structural design changes, building a new website, adding custom functionality or new integrations with 3rd party applications. We reserve the right to return a quote to the client and upgrade the client to a more appropriate plan.
Unless otherwise agreed upon, we are not responsible for the creation of content for your site. Images and text content must be owned and supplied by the client through the support channels provided.
Our monthly subscriptions are fully managed website and hosting plans and as such no administration access is provided to the website or hosting server, and the customer can not make changes to the website content or server settings. Administration access will only be granted via specific written agreements between us and the client to provide only that level of access we deem fit to meet the stated needs of the client. We reserve the right, at our discretion, to deny administration access at any time.
Elk River Web does not provide or maintain hosted email servers. We only support 3rd party cloud solutions from major email providers including, but not limited to, Google’s G Suite and Microsoft’s Office 365.
All advertised monthly plans included email provided by Google’s G Suite Basic Plan.
The customer may request to upgrade their plan or may request another service entirely. We reserve the right to increase monthly subscription fees and/or increase set up fees according to the specific email solution required by the client.
We agree to make every reasonable effort to adhere to the project plan and scheduled delivery time set when project was accepted. We reserve the right, when circumstances are deemed reasonable by us, to extend the project delivery date by notifying the client in writing.
The client agrees to use every reasonable effort to provide requested information, materials and approvals required to adhere to the schedule set at project acceptance. Any delay by the client will result in a day for day extension of the due date for any deliverable service or product.
Neither party shall be held in breach for any delays caused by conditions reasonably out of the parties’ control. Delays will result in a day for day extension of the due date for any deliverable service or product.
Unless otherwise stated and agreed upon, the client shall send payment to Elk River Web Design & Development within 21 days of receiving an invoice.
The client agrees that by providing us with payment details, we are authorised, at our discretion, to withdraw the full amount of any invoices that become due.
Subscription payment schedules, if applicable, will be set up immediately following the receipt of payment information, and payments will begin regardless of the stage of development. Payments will continue on schedule until we receive from the client in writing a request to cancel the scheduled payments.
The client understands that if payment has not been received after 7 days of the due date, the account will be considered in default. A late fee of 1.5% will be applied monthly to all overdue accounts. New work for the client will cease immediately and will not resume until all debts are paid in full. Accounts in default for 30 days or more will be deactivated and have all associated services suspended.
The client agrees to reimburse Elk River Web Design & Development for any extra expenses incurred at the request of the client. Examples of such expenses may include, but is not limited to, the purchase of specific fonts, images or software made at the clients request.
Refunds and CAncellations
If you are unhappy with our services, you may cancel at any time. We ask that you notify us 15 days in advance of your next payment due date to safely avoid incurring additional charges to your account.
Requests for cancellations and refunds mus be made via email to firstname.lastname@example.org
Cancellation of Monthly Plans
Monthly plan subscribers that cancel before a minimum of 24 months and wish to take with them a copy of their website files will be charged a buy out fee. The fee equates to the difference of 24 months and the number of months of service before cancellation, times the monthly plan rate at time of cancellation.
Plans cancelled after 24 months of continuous service will have copies of their website files available provided their accounts have been paid in full and their are no monies owed Elk River Web following cancellation of service. Accounts that were in default or left unpaid within a 24 month period will disqualify the customer from obtaining a copy of the site, unless otherwise agreed to by Elk River Web in writing.
Full refunds of deposits and prepaid services are applicable if requested within 15 days from date of order. After 15 days, any setup fees associated with your order become non-refundable. We reserve the right to negotiate and apply appropriate refunds according to the amount of services used and work completed for the customer before the refund was requested.
Please note that we do not issue refunds for unused time on monthly subscription services. If you have prepaid for a month and cancel before that month begins you will receive a refund, but If you paid for a month of service and cancel your plan in the middle of that month, no refund will be issued.
Refunds will not be issued on the following items and services:
- Domain name registrations, transfers and renewals.
- Website and hosting migrations and associated setup fees.
- Email migrations and associated setup fees.
We reserve the right to modify these terms and conditions at any time and without notice. You are recommended to check back from time to time to review the terms and conditions on our website.
Elk River Web Design & Development
Fernie, BC, Canada
Updated on November 10th, 2018