Josh White Design

General Terms of Agreement

The terms of service described in this document are the accepted standard of services rendered by Josh White Design unless it is specifically stated otherwise. In the case that the terms must be modified, separate custom terms of agreement will be drawn and agreed upon by both Josh White Design and client in question.

Services rendered by Josh White Design include:

General Website Development

Web development will be project based unless stated otherwise in the Estimate. There will be a consultation between Josh White Design Studios and the client to determine needs. A proposed project cost will encompass the entire project cost based on the understood needs of the client and thus establishing project expectations when this contract is agreed upon and work begins.

All websites will include the following features and functionality:

Definition of a "Basic" or "Static" website:

A basic website is simply an HTML website with no database driven or dynamic functionality. Websites that are static will include a very basic method for updating content within the browser but does not include any functionality beyond this basic feature.

Adding, removing and changing website content generally must be handled by Josh White Design and will be billed at the standard hourly rate.

Definition of a "CMS" or Content Management System based website:

A website that is developed to include a content management system, or CMS, will feature a data-base driven and dynamic website that enables the customer to add, remove and change website content directly from the browser. CMS systems will also enable the client to add "modules" that are available for the chosen CMS to enhance the user experience and functionality of the client website.

The default CMS that Josh White Design will use is Wordpress. Development in an alternative CMS (such as Drupal, Joomla, Modx, etc) is possible if agreed upon before work begins.

The client will be trained on how to use the CMS to the fullest extent of its capabilities to maintain and make frequent updates to the website.

Definition of an "E-Commerce" website:

An ecommerce website will differ in that a custom proposal MUST be included for any website that features ecommerce functionality for more than 5 products. An ecommerce website will include for the client:

Graphic Design (including ad design), Illustration, Logo Design & Branding/Identity

Development will be both project based and hourly billed based on the needs of the client and the range of the project. A total project cost will include work that is agreed upon between Josh White Design Studios and the client. If the needs of the project dramatically change, a new readjusted total must be determined.

Josh White Design Studios will deliver high quality, professional graphic design formatted to the client's specification. Each final work will be formatted to the specifications of the printer the client chooses. Josh White Design Studios will work with the printer of the client's choosing until the necessary elements are correct for the printer to complete the necessary print job.

Project Scope

The agreement contained in this Design Contract constitutes the sole agreement between Josh White Design Studios and the client regarding this specific project. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign or digitally agree to this contract. Continued services after that time will require a new agreement. If at some point during this period an extension is agreed upon by both parties, continued services at the aforementioned rates will continue to apply.

Initial Payment and Refund Policy

Projects that are under $1000.00 in total project costs will require 50% of the total project cost as a deposit and the remaining amount will be collected after the project is completed to the satisfaction of the client.

Projects that are over $1000.00 in total project costs will require 25% of the total project cost as a deposit and the remaining amount will be collected after the project is completed to the satisfaction of the client.

In the event that all work is billed hourly, a $250 retainer amount will be invoiced at a rate of $50 per hour. Work that falls under $250 (or 5 hours) will be returned to the client. Work that exceeds $250 (or 5 hours) will be invoiced when the project is complete.

If the client halts work within the first 30 days and requests a refund, work that has already been completed will be billed at $50 per hour, deducted from the original deposit and the remaining amount will be refunded to the client.

Maintenance Packages

Maintenance packages are available to clients that do not want to manage any changes to the website whatsoever, but intend to make changes frequently. A maintenance package will be worked out with the client and a retainer fee will be calculated based on the estimated number of hours to complete frequently requested changes. This will be billed monthly for an agreed upon duration (e.g. number of months at a time).

Authorization

The above-named client is engaging Josh White Design Studios, a sole proprietor, as an independent contractor for the specific project of developing and/or improving a website to be installed on the client's web space on a web hosting service's computer. The client hereby authorizes Josh White Design Studios to access this account, and authorizes the web hosting service to provide Josh White Design Studios with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Josh White Design Studios to publicize their completed website to web search engines, as well as other web directories and indexes.

Legal Stuff

Josh White Design Studios does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the client. In no event will Josh White Design Studios be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Josh White Design Studios has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights and Trademarks

The client represents to Josh White Design Studios and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Josh White Design Studios for inclusion in web pages or graphic design are owned by the client, and that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Josh White Design Studios and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. Josh White Design Studios and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

Delinquent Payment

In the event that payments are not made 30 days after invoicing a 5% charge of the total project cost will be incurred. Josh White Design Studios reserves the right to remove or hold web pages from viewed or launched on the Internet until final payment is made. In the event of a dispute, Josh White Design will make every reasonable effort to resolve the issue with the client. If reasonable attempts to collect an agreed upon project cost and requires the intervention of a third party collection, the client agrees to pay all fees incurred by that process.