This Web Design Contract and Terms and Conditions (the “Agreement”) is entered into between Road to Success Web Design LLC (“Road to Success”) and the company or organization named in the form entry below (the “Client”). In exchange for designing a website for the Client, and hosting the website if agreed upon (the “Work”) the Client agrees to the following terms and conditions:
Project Process & Structure
For our project together, there is a general design and development process we will follow together that will help keep us organized and on track, and that will help with communication. Our target project completion date assumes that you, and anyone else you’d like to include in this project, are available to provide feedback and/or approvals to Road To Success Web Design as needed on a daily basis. Thus, each day you are unavailable to provide feedback and/or approvals may push the project completion date back by one day.
Our project will begin with a custom questionnaire that will be sent to you, where we’ll dive further into the design and layout for your site and gather all of the info, photos, and login access that we’ll need for the live development. We’ll also make sure we have access to any development tools needed for your website.
After you complete the questionnaire in its entirety, the design and development process will follow the general structure described below, with up to 3 deliberate rounds of reviews. During these reviews, Road To Success Web Design will share with you design mockups or updated versions of the website, and we will look to you to provide us a list of any and all changes or updates you would like to see at those times. After your feedback is finalized, we’ll then make those updates and proceed with the next round of mockups. By comparison, while we understand that sometimes it’s tempting to go back and forth with feedback and updates on the fly, so to speak, in order to keep organized and on schedule, these structured reviews are critical to avoid delays and incurring additional costs.
Initial Design
Our primary goal in this first phase is to make sure we’re headed down the right path for the overall design, layout, and look and feel for your site. We’ll accomplish this through creating still mock-ups for your site. These are just large images that you can look at as a preview for your site, similar to a blueprint to a new home. These mock-ups will be almost identical to what it will look like as a live website, except the mock-ups will have no animation and will not be responsive to different screen sizes yet. Once we have these first mock-ups complete, we’ll look to get your feedback, primarily focused on the general look and feel, and design direction, for your website, as well as text content. Our primary goal for this first review is to make sure we’re heading down the right path, aesthetically. We’ll continue to make edits to these mockups (up to 3 rounds) until you’re completely satisfied with the design. Once you approve of these mockups, the design is finalized and we’ll begin developing the live website. After this point, edit requests related to the design may be considered additional work.
Development
In this phase we’ll build out the structure and functionality of your website. We’ll incorporate finalized text, images, graphics, and branding elements, and also make sure everything is working properly. We’ll optimize your site for mobile devices and other screen sizes.
Optimization and Launch
In this last phase, we’ll test and optimize your website, making sure it has been updated and tested on various browsers and devices, and is ready to go live with your green light. After making these final changes, we’ll look to you for a last round of feedback before we go live, focusing on the technical aspects of your website across different browsers and devices, as we’ll want to make sure all functionality is working correctly, and your site behaves like it should, regardless of who is visiting your site, or on what device.
Additionally, as the site is finalized, we’ll deliver to you any custom files such as logos or graphics, and go over the “behind the scenes” with you, if desired, so you know how to make future updates to your site.
Scope of Work
The “scope of work” for your project will be described in detail in a private email sent to you prior to signing these terms. The scope of work will include which pages will be designed as well as any special functionality features that may have been requested. The “scope of work” email will also include the agreed upon price for the project as well as when you’ll need to make payments for the work.
Payment
If needed you’ll pay the agreed upon amount per month or per year plus sales tax for hosting fees associated with the Work (the “Hosting Fee”). Road to Success shall invoice you on a monthly or annual basis for the Hosting Fee. Client shall also pay an agreed upon amount for initial website development prior to the initiation of any services. All invoices are payable within thirty (30) days of receipt by Client. All Hosting Fee payments made under this Agreement shall be made by credit or debit cards. Any payments made for Hosting Fees or website development are non-refundable. Road to Success retains the right to increase any Hosting Fee upon thirty (30) days’ notice to the Client.
Fees & Additional Services
Any work that is not specified in the description of work above will be considered an additional service. In the event that you would like help with additional services, if those additional services will require a substantial amount of work, we will establish a separate price quote, and get both parties’ approval before proceeding. Contractually, this agreement will serve as the guiding legal terms for any additional work, unless we specify otherwise in writing.
In addition, additional work may also take the form of as-requested work, such as, for example, more than 3 rounds of revisions during the initial design phase, modifications or additional work outside designated reviews and/or after the site has gone live, or additional training or consultation after the site has gone live. Further, excessive change requests, re-work, or additional work resulting from substantial changes in direction for the site will be considered additional work. Changes related to hosting, domains, or other platforms after project commencement may also constitute additional work. Any such additional work that is not otherwise encapsulated by a separate price quote will be billed at a rate of $65/hour, rounded to the nearest 1/2 hour (30 minutes).
In the spirit of transparency, substantial changes, alluded to above, most commonly are related to changing the underlying structure of the site or its components, particularly after it is already being built. This can at times be loosely analogous to building a house, and changing floor plans after the foundation and walls are already in place, or, replacing the windows or bathtub right before move-in.
To provide some examples, this can include things like substantial layout changes; adding, removing, or changing pages or functionality; changing the website structure; adding or removing features; changing underlying platforms or technology; or additional customization that was not originally specified. While these examples are not exhaustive, hopefully they help to provide context and understanding.
To prevent substantial changes, we’ll follow the project process and structure outlined in this agreement to make sure we’re on the right track and on schedule each step of the way. Additionally, we ask that any and all stakeholders you may want to include in this process, or get feedback from prior to launch, are included from the start of the project, and that you include their feedback along with your own at each designated review point during the project. When new stakeholders are added and provide input late in the process, it is not uncommon that they may have different ideas regarding aesthetics, layout, structure, or functionality, and implementing these new suggestions causes substantial rework, additional costs, and delays.
Bottom line, our goal is to make sure that you have a great site that functions well and looks great, and that the process goes as smoothly as possible.
Unanticipated Expenses
The project quote above includes all anticipated expenses related to this project. However, additional unanticipated costs may be incurred if needed, such as purchasing images or other media; using paid templates, plug-ins, or add-ons; or other unforeseen expenses related to this project. Road To Success Web Design will obtain approval from you prior to incurring such costs, and you agree to either pay for these items directly, or reimburse Road To Success Web Design for these costs.
Elementor Pro License
Within WordPress, there is an additional plugin that Road To Success Web Design and many other developers use called Elementor. It is a very reputable, well-vetted, and widely-used development tool that helps make designing custom websites very efficient, and it also will make updating your website substantially easier for you once your site is live. Road To Success Web Design may opt to use Elementor Pro on your website unless we’ve agreed upon using another web builder.
Elementor has a free version, as well as a paid “Pro” version that unlocks several additional features that make development even easier and offers more functionality for websites.
Because Road To Success Web Design uses Elementor on virtually all website development projects, Road To Success Web Design does have an agency-level Elementor Pro license, and Road To Success Web Design is happy to use its agency license on your website. This will allow you to use all the features and functionality of Elementor Pro at no additional cost to you.
However, in the spirit of transparency, we do want to call this out. Road To Success Web Design has used Elementor for the last several years, and we anticipate using it into the future, as well. However, as you know, technology does evolve, so there may be some point down the road when Road To Success Web Design moves on to a newer or different development tool. We don’t anticipate this in the visible future. But, if this were to happen, Road To Success Web Design’s plan would be to give you sufficient notice ahead of time, so if your website still used Elementor Pro at that point, you would be able to purchase an Elementor Pro account for your website, under your name.
If, by comparison, you would prefer to have Elementor Pro set up under your name from the start, at your expense, that is also perfectly fine. Just let us know and we’ll help set that up.
Delays in Receiving Feedback or Required Items
Our goals in working together include developing you a great website in an efficient manner. In this agreement, we’ve listed out some things we’ll need your help with to get started, and we’re planning on being able to work closely together with you throughout the design, development, and review processes.
That said, we understand that sometimes things get busy, or in some cases, you as a client may have teammates or other stakeholders you need to involve and get feedback from — and sometimes this can slow things down. We understand this and are happy to accommodate this in many situations.
As we wrap up development, if we have reached the target completion date of our project together, and Road To Success Web Design has completed development of your website to the greatest extent possible, optimized and tested your site, and your website is otherwise ready to launch — other than (1) just needing required items such as content, images, or links from you, or, (2) we have been awaiting your final feedback for more than 7 business days — Road To Success Web Design reserves the right to consider all development milestones complete. Road To Success Web Design will be happy to still provide you with all the resources and training we’ve agreed upon in this agreement, to make sure that once your content is finalized, you’re able to add it to your site.
Delays or Paused Projects
If there are elongated delays where we are unable to make progress, we will pause the project and we will be happy to pick things back up when you’re ready. However, due to our workload, and to be in line with market rates for the cost of this work, we may need to adjust timelines and re-quote the cost of remaining work. Thus, to prevent that, we’ll work diligently with you to keep this project on track and on schedule.
Communication Tools
Organizations often use various tools for communication and project management. To keep things simple, we’ll plan on communicating and documenting progress and changes via email and phone or video calls, since everyone’s familiar with those. If we need to share files or documentation, we’ll be happy to share access to our Google Drive folder(s) and Google Documents as appropriate.
Avoiding Coding Conflicts
During the website development process, there may be instances where Road To Success Web Design uses a staging site (i.e. a temporary “work-in-progress” version of your site) that you as the client may have access to, or, Road To Success Web Design may be working on updates to your live site. During these instances, it may be tempting for you to want to make changes to the website on your own, as well, such as making a wording edit, adding an image, editing a different page or section of the website, or making more substantial changes.
However, these changes can unintentionally conflict with the development work Road To Success Web Design is doing behind the scenes, cause errors or crashes, or simply cause the changes you or Road To Success Web Design make to be overwritten or deleted. These scenarios can lead to delays, re-work, and additional costs. Thus, to prevent this from happening, you agree that if there is anything you would like changed to a live or staging site during this project, that you discuss with Road To Success Web Design beforehand. Many such changes can easily be accommodated and/or handled by Road To Success Web Design.
Rework that is required due to such conflicts will be considered an “Additional Service” and will be billed as described above.
Ownership
Upon completion of this project, you will own the website and its contents, plus any visuals Road To Success Web Design provides with it. Road To Success Web Design will turn over its work product, including any necessary files, and you as the client will be responsible for their safekeeping. It will be your responsibility to complete regular website backups to prevent loss of any data. Road To Success Web Design is not required to keep copies.
Additionally, while Road To Success Web Design will customize the website to your specifications, you recognize that websites generally have a common structure and basis. Road To Success Web Design will continue to own any and all template designs it may have created prior to this project. Road To Success Web Design will also own any template designs it may create as a result of this project.
Permissions and Releases
You affirm that you have proper ownership and/or authorization to use any media that you provide to Road To Success Web Design to be used in this project. This includes, but isn’t limited to, media such as images, videos, graphics, slogans, and logos.
If it turns out that you did not have proper ownership or permission to use materials that you requested Road To Success Web Design to include in your site, you agree to indemnify and hold harmless Road To Success Web Design against any and all claims, costs, and expenses, including attorney’s fees, that may arise.
Browser Compatibility
Road To Success Web Design will strive to make sure your website looks good and is readable in a variety of web browsers, and across a variety of devices (e.g. desktop, tablet, mobile). It is important to note that these days it’s no longer the goal to make a website look exactly identical across platforms or screen sizes. However, a person’s experience of a design should be appropriate to the capabilities of a browser or device.
Road To Success Web Design will test your site on a variety of modern devices and popular web browsers, but Road To Success Web Design won’t test in older browsers unless we have agreed separately.
Search Engine Optimization
Road To Success Web Design will be happy to incorporate search engine optimization (SEO) features as described in the Description of Work. It is important to understand, though, that search rankings is an ever-evolving and multi-faceted realm. SEO relies heavily on factors that go beyond the initial website build, and for best results will likely require additional and ongoing SEO work after the initial site launch and/or the work described in the Description of Work. Therefore, Road To Success Web Design can’t guarantee improvements to your website’s search engine ranking.
Please note that in some situations, Road To Success Web Design does work with clients on additional SEO and/or ongoing digital marketing efforts after a site’s launch. In these situations, a separate agreement is established that outlines that work specifically and/or will be considered additional work under the terms of this agreement.
Website Speed
Like search engine optimization, there are many factors that influence the loading speed a visitor experiences when visiting a website, such as the web hosting provider, internet connection speed, and the computer and browser being used, along with the volume and type of media on your site, such as photos and videos, and/or types of functionality your site offers, just for starters. That said, Road To Success Web Design will follow best practices and also select and install relevant plugin(s) as described in the Description of Work to meet your requirements and design preferences while helping optimize loading speed for visitors to your site. If additional or ongoing work is requested to manage website speed post-launch and/or after the completion of the work outlined in the Description of Work, Road To Success Web Design is happy to scope out and/or create a separate agreement for any additional work as requested.
Legal, Regulatory, and Usability Guidelines
Certain organizations, businesses, or industries may have special requirements pertaining to business operations, marketing materials, websites, and/or software in general. As examples, health care patient websites may need special website security considerations to ensure patient privacy and HIPAA compliance. Or, your business may need to abide by certain rules regarding data collection or confidentiality.
If there are particular considerations, rules, regulations, and/or guidelines pertaining to business operations, sales and marketing, websites, and/or software for your organization, business, and/or industry (e.g. HIPAA, ADA requirements, the General Data Protection Regulation, California Consumer Privacy Act, or others), you are responsible for informing Road To Success Web Design of these and paying for related expenses and/or additional work to ensure compliance, if those expenses are not already explicitly factored into the description of work and price quote included in this client proposal.
Similarly, you are responsible for providing material, content, direction, and approval for your website and/or marketing materials to ensure that upon project completion your site and related content abides by any and all relevant rules, laws, regulations, guidelines and/or compliance standards, including, but not limited to, written disclosures, regulatory statements, transcripts, privacy standards, consent agreements, terms of use, data retention or tracking, accessibility, and/or usability guidelines. You agree that Road To Success Web Design will not be held liable for non-compliance with any applicable rules or regulations, as referenced above.
Portfolio Inclusion
We love to show off our work. Thus, Road To Success Web Design reserves the right to display all aspects of creative work, including sketches, work-in-progress designs, client logos, and the completed project on our portfolio, in articles, on websites, or in print form. Road To Success Web Design agrees to not disclose any of your confidential information.
Work Location
Road To Success Web Design works fully remotely. This agreement does not include any expectations of travel or on-site work or meetings for either party.
Electronic Mail Abuse
Harassment by e-mail, whether through language, frequency, or size of messages, is prohibited. Client may not send e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, Client must not send that person any further e-mail. Clients are explicitly prohibited from sending unsolicited bulk e-mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Clients may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious e-mail, including but not limited to “mail bombing” (flooding a user or site with very large or numerous pieces of e-mail) and “trolling” (posting outrageous messages to generate numerous responses) is prohibited. Forging of header or any other information is not permitted. Subscribing someone else to an e-mail list or removing someone else from a mail list without that person’s permission is prohibited. Road To Success accounts or services may not be used to collect replies to messages sent from another Internet Service Provider if those messages violate this Agreement or any usage policy of that other provider. Violations of this Agreement will result in immediate account termination and provider reserves the right to charge an administrative clean-up fee of up to $120 and a deactivation fee of $30.
Violations of Network Security
Client is prohibited from violating or attempting to violate the security of the network. Violations of system or network security may result in civil or criminal liability in addition to immediate termination of Client’s agreement. Road To Success will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Clients who are involved in such violations. These violations include, without limitation (a) Accessing data not intended for the Client or logging into a server or account that the Client is not authorized to access. (b) Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization. (c) Attempting to interfere with service to any Client, Road To Success or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”. (d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. (e) Taking any action in order to obtain services to which the Client is not entitled.
Usage Limits
Hosting plans are limited to 5 gigabytes of storage space (disk quota) and 1GB of storage per email address. If these limits are exceeded, Road To Success Web Design may increase the price of the Client’s monthly hosting plan to accommodate the website’s needs. Road To Success Web Design will attempt to notify the Client and will increase the monthly price after 14 days if no response is received from the Client.
Limitation of Liability
Road To Success Web Design will complete its work on this project in accordance with good industry practice and at the standard expected from suitably qualified people with relevant experience. However, we’re humans, and thus Road To Success Web Design can’t guarantee that our work will be absolutely error-free. That said, Road To Success Web Design will work together with you to identify and fix errors and/or bugs during the development and testing phases, and Road To Success Web Design will also fix any errors and/or bugs that Road To Success Web Design generated during development within 30 days following the completion of development and testing.
Both parties agree that under no circumstances shall either party be liable to the other party, or any third party, for damages that result from any part of this agreement. This may include, but isn’t limited to, loss of revenue or anticipated profits or lost business, costs of delay, or failure of delivery.
Disclaimer
Road To Success Web Design will create a website for your purposes and to your specifications. However, Road To Success Web Design does not promise or guarantee that this website will create any additional profits, sales, exposure, brand recognition, or the like. There is more that goes into achieving those results than purely website development. Thus, Road To Success Web Design has no responsibility to you if the website does not lead to your desired results.
Assignment of Work
In order to ensure tasks are completed on time and with high quality, Road To Success Web Design reserves the right to assign tasks to subcontractors.
Legal Fees
If any problems arise, we want to work through them together to find a mutual resolution. However, in the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to, its attorneys’ fees.
Legal and Binding Agreement
This agreement is legal and binding between both parties, and is legal and binding both in the United States and worldwide. Each party represents that they have the authority to enter into this agreement.
Severability
If any section of this agreement is found to be invalid, illegal, or unenforceable, the rest of the agreement will still be enforceable.
Events Beyond the Parties’ Control
Should any circumstances arise that are beyond the parties’ control (i.e. “Force Majeure”), such as weather or natural events, war, political or social unrest, terrorism, etc., parties may adjust terms of this agreement in writing, as mutually agreed.
Termination
Either party may terminate this agreement by giving written notice to the other party. In the event that work is postponed or terminated at your request, Road To Success Web Design shall have the right to bill pro rate for work completed through the date of that request, while reserving all rights under this Agreement. All work that has been completed and paid for will belong to the client. Road To Success Web Design will own any completed work that is not paid for.
If additional payment is due, this shall be payable within seven days of your written notification to stop work. You shall assume responsibility for all collection of legal fees necessitated by default in payment.
BY CLICKING “I AGREE TO THE TERMS AND CONDITIONS”, CLIENT ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS THE TERMS AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. CLIENT FURTHER ACKNOWLEDGES THAT THIS AGREEMENT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATIONS BETWEEN CLIENT AND ROAD TO SUCCESS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
