Terms of Business

What is this for?

This sets out the terms upon which we will provide website design services. For ease and simplicity, this document will use the following shorthand:

  • “You “means the client buying services from us

  •  “Services” means the creative website design services

  • “We”, “I”, or “us” means Laura Simpson dba Web Luminary LLC

  • “website” means your website designed by me

The contract between us:

The terms contained in this document will apply to all contracts between you and us. A contract will come into existence in the following way: I will upload this document to a DocuSign, which you may sign there or you sign the last page, scan it and e-mail it back to me.  At that point, I will then send an acknowledgement of our agreement at which point there will be a binding contract between us for the services. If you send any of your own legal terms with your acceptance of the quote, you will acknowledge that they won’t apply to the contract.

Once this document is signed, I will send you my “Website Design Guide” questionnaire, which will have instructions and a due date.

In Short:

I am designing and developing a website per your website quote.

Quote Details:

My quote will specify details such as how many rounds of editing that are included after your website has been coded into WordPress. If you need more revisions or require additional functionality, additional costs can be incurred. Please see Changes and Revisions after three iterations per page.

Order Cancellation and termination:

Once I accepted your order, you may cancel in writing at any time prior to project completion, in order to get a release of the WordPress code, you must pay for the percentage of work completed over 50%.  I will then send you an invoice for any additional fees which are payable at the date of cancellation.  I may also terminate this contract immediately if any of the following occur:

  1. You have to pay any amount due to me and the amount remains outstanding 14 days after the due date as noted on the invoice.
  2. You commit a material breach of these terms.
  3. At any time during the course of the project, I have not received feedback or any communication from you for 14 days and I am unable to progress the project further as a result of lack of feedback or communication.

Invoicing:

I invoice clients for a non-refundable payment of 50% of fees up front, and I won’t begin the services until that invoice is paid.  Then I will invoice the remaining 50% upon competition of services, but any passwords or logins will not be released until the final invoice is paid.

Payment schedule

  • 50% due for a deposit to reserve spot
  • 50% due at completion.

I reserve the right to charge interest on all overdue debts at the rate of 2 percent per month or part of a month.

Design

I create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. I create designs iteratively. I use pen and pencil, photoshop and lastly, WordPress to accomplish a template. Overall website organization will also be communicated by pencil and paper.

You’ll have plenty of opportunities to review my work and provide feedback. I will schedule three in person meetings with you to go over your website for fine tuning (these are three iterations of changes that are included in your contract).  In addition, as I have questions, I will show you snippets of your website as they are being developed.  These initial snippets are not part of your 3 time change limit.

If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay me pro rata for the time I’ve spent working with you until that point and terminate this contract.  I will unlock your website or give you my drawings depending on where we are in our contract.

Text content

You will be providing the content on your website through interviews and content guides that you will fill out with my help. All text will be reviewed by my copywriter as a part of your contract with me. 

I will be sending you a “Website Design Guide” questionnaire once this contract is signed.  You will have three weeks to complete it.  It is important to fill this out fully and completely.  Please take your time and imagine you are talking to the most novice reader of your website.  Please write your content keeping in mind the most novice potential customer for your service.  You need to get them to know, like and trust you.

Graphics and photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs or use free stock, I can suggest stock libraries.

I deliver webpages using WordPress with Search Engine Optimization and Backup/Restore options.  I usually buy a template that is included in your price and closest to your needs to speed website development.

Content Management System

I deliver webpages using WordPress with Search Engine Optimization and Backup/Restore options.  I usually buy a template that is included in your price and closest to your needs to speed website development.

E-mail Address

As part of your website, I will provide branded e-mail addresses for you to use.  I will send you directions on how to log in and use this e-mail address in your e-mail application of choice (i.e. outlook or iMac mail).

Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. I won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

Mobile browser testing

Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. I will test your webpage in:

iOS 9: Safari, Google Chrome Android: Google Chrome on Android Emulator

We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need me to test using these, I can provide a separate estimate for that.

Technical support

I can provide website hosting for you for a low price of $25.00 per year under my Site ground hosting plan.  It is also included in my monthly maintenance plan of $250.00 per month.  Neither of these are included as part of this contract. Please let me know if you would like to be hosted through my account and I will create a hosting or maintenance contract with you at project completion.  If you are happy with your hosting provider you may remain with them and I will use their platform to release your website at completion. If you determine you no longer want to stay with your current hosting provider, I will move your website to Siteground as part of the maintenance or hosting contract.

Search engine optimization (SEO)

I don’t guarantee improvements to your website’s search engine ranking, but the web pages that I develop are accessible to search engines and will be optimized using Yoast Search Engine tool and meta data we agree to.  I will also give you advice on how to improve your google rankings outside of your website using backlinks and reviews, but whether you take my advice is up to you. 

Changes and revisions after three iterations per page

I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that I estimate I’ll need to accomplish everything you’ve told me you want to achieve, but I’m happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for the additional time.

Tutorials

Once your website is completed, I will provide three tutorials to teach you how to add your own blog posts.  Then I will provide written instructions for future reference.

Mistakes

All coding errors (i.e. missing links) are fixed free of charge at any point they are found. 

Legal stuff

I’ll carry out my work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, I can’t guarantee that my work will be error-free and so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them.

Your liability to me will also be limited to the amount of fees payable under this contract and you won’t be liable to me or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I’ve advised you of them.

Let’s not get sued

First, you guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you’ve permission to use them. When you provide text, images or other artwork to me, you agree to protect me from any claim by a third party that I’m using their intellectual property.

I guarantee that all elements of the work I deliver to you are either owned by me or I’ve obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, I’ll assign all intellectual property rights to you as follows:

You’ll own the website I design for you plus the visual elements that I create for it. I’ll give you logins and passwords. You will own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

I’ll own any intellectual property rights I’ve developed prior to, or developed separately from this project and not paid for by you. I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying my work

I love to show off my work, so I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs and the completed project on my portfolio and in articles on websites, in magazine articles and in books.

Almost done…

Neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

This contract is a legal document under exclusive jurisdiction of United States and the State of North Carolina courts.

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