Web Design, Maintenance & Development Terms

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The following terms and conditions apply to all web design, maintenance and development projects.


  1. In an effort to remain current with the ever changing technology world, we reserve the right to change these terms and conditions at any time without notice. Please check back often to ensure you are aware of any updates or changes to these terms.
  2. One Year Warranty Once the Site Goes Live: We make every effort to use the highest quality programming, but it is possible that at some point of a site’s life, a particular element or function will have compatibility issues with browsers and other elements and not operate as it was intended.  Though rare, this is an unavoidable possibility. Overall, website functionality is guaranteed for the period shown above.  If something breaks in that time, we will fix it or replace it at no cost to you.  Outside the warranty period, we’ll attempt to find the least expensive solution and charge at our normal service rate. If administrative control of the website is given to another web developer, the one year warranty will be voided.
  3. All software licenses are covered for a period of one year from the start of the project, not the site launch. This is because we need the software active and licensed to build your website.  All software will still function outside of that time, but would be ineligible for updates.  If administrative control of the website is given to another web developer, any premium, automatically renewing or developer license keys will be removed.  The software will still function, but new licenses will need to be purchased for future updates.
  4. The final balance of the project is due only once you are completely satisfied and we finish our portion of the work. We cannot launch a site or turn over control without the final balance being paid or a final PO being issued. So, please make allowances if you have strict check requisition policies or require multiple signors, etc.
  5. Client will provide new site copy and photos ready to use; “Reviewed, Approved and Ready to Use”.  The majority of the copy for the new site will come directly from the existing site to facilitate the quickest turn-around possible for the launch of the new site.
  6. The project price does not include edits or changes to copy, functional elements or photos after the initial placement.  Basically, we only priced working on these elements one time.  If after you send us images or copy to use, and we place it, and you then decide you’d like to change direction, additional content fees may apply.
  7. If you decide you’d like to add features or content while we’re working on the site, that’s no problem. A change order request will be generated along with the associated costs. This would include making significant changes to work already approved or provided to us, ready to use. We want to keep our prices reasonable, so we don’t budget for doing work twice or doing more work than we discussed.
  8. The proposed timeframe is very achievable by our team, but we can’t do it alone. To make this happen, we need your materials (photos, copy, logos, etc.) by the time indicate on the timeline, and a quick response on feedback, meeting availability and approvals. If you need more time, we understand, but it will push the site launch back.
  9. If we are redesigning an existing website, the price and timeframe are based on having full admin access to the current site and server so content may be migrated as needed.
  10. The price shown is based on using our Project Hub and Proofing Software for all project-related communications in place of email. A discount of 20% has already been factored into the price of this project to demonstrate the improved communication and efficiency the Project Hub offers.
  11. This project does not include the following services, unless specifically stated. If you believe something should have been included but was not mentioned, please bring it up before the project starts.
    a. Site Monitoring – Once a site is launched, Market3 does not regularly visit the site unless specified as part of a service plan.
    b. Search Engine Submission – Every site would benefit from great search engine traffic, so we offer some fantastic plans to help make that happen. Without dedicated SEO services, we have no control over if or when the search engines will visit or where you will be ranked.
    c. Site Back-Ups – We always maintain a copy of all site files for websites maintained and updated by Market3, as part of a dedicated maintenance plan.  For sites updated by the client, Market3 recommends creating a copy of the site after every change.  If you’d like, we can perform daily or weekly back-ups for a small fee.
    d. Legal Services – We are not lawyers.  No advice, suggestions or ideas we give should be considered legal advice.  We may place a Copyright Notice on a web site or other material, but we don’t actually file work with the US Copyright Office.  We encourage you to talk to your attorney about any of these topics.
    e. Site Maintenance – We’re always here to help, but the project does not include ongoing support time unless specifically stated in the proposal.
    f. ADA, HIPAA or PCI Compliance – while these options are available, unless specified the websites we build are not automatically compliant with those standards.
  12. We are both welcome to work with others; you can work with other creative firms and we can work with other companies in your field. We do offer exclusive relationships when a specific exclusive retainer agreement is purchased.
  13. Despite our enthusiasm and best hopes for a project, we cannot guarantee its ultimate success or results beyond providing a working, properly functioning site or beautifully designed print material.  If any of benchmarks or goals are discussed during development, they are to be considered for discussion purposes only and in no way constitute a performance guarantee.
  14. This site will be designed to work best with the current versions of Edge, Safari, Chrome and Firefox. For mobile we work with the most current two versions of each device.  On older browsers/devices such as IE11 or iPhone 5, the site will function, but there will be some differences from the current browsers/devices.  The older the browser/device, the more possible difference.  Plain and simple, we cannot develop a modern website with the features promised, at the price promised and guarantee it will work with outdated browsers or devices.
  15. To maintain your own site (which we highly recommend) you’ll need a modern computer, current browser and a good internet connection.  If you run into trouble using the software, we’ll test it on several standard machines to make sure the systems are working, but beyond that, you’ll need to work with your IT person. We do not provide IT support – it’s not our strength, but we will work with your IT person on an hourly, basis if requested.
  16. Once the final payment is made, the live, working website files will become your property. Only at that time, will we be able to provide site access to make edits, conduct training, and turn over code, support and spec files.
  17. We have no control over the policies or ranking methods of search engines or directories with respect to how they will be ranked in the search results now or in the future. Your web site may be excluded from any search engine or directory at any time at the sole discretion of the owning entity.  Keep in mind, any change to a website will have some impact on the way the search engines rank that site.  Because of our coding methods and knowledge of search engine optimization, this change usually is for the better, but cannot be guaranteed unless specifically included as part of the proposal.
  18. Only work created for the Client that is approved for production becomes the sole property of Client upon receipt of payment in full. Any requested files will be provided in compressed (non-layered) format. Client can only use work in its final created format for which the work was intended and cannot alter or use it for other purposes, without first receiving written permission and paying a usage fee, if applicable.  Any ideas not used for the final product will remain the property of the Market3. We retain the right to use our design work for self-promotion, securing additional clients or for general professional advancement.
  19. You promise that you have permission to use any third-party material sent to us. You also promise to follow any rules (or make us aware of them) set by that third party in the use of their material.  We promise to be professional and fair; all final artwork sent to you will be our own original work, and any third party resources (photos, videos, etc) will be used with full permission/licensing. We promise that, to the best of our knowledge, our work does not violate any copyrights.
  20. If at some point during the project, you get completely swamped with other priorities, we completely understand.  If 3 weeks goes by and we’re still ‘on hold’ we’ll pause the project so you don’t incur additional fees.  At the same time, well send an invoice for any remaining balance, less 10% due at that time.  Once you’re ready to start back up and finish the project, we’ll create a new project schedule reflecting the current workload and staff availability.
  21. We will use industry standard best practices to help minimize the possibility of a site or data breach.  However, there is no way to 100% guarantee that a breach will never occur.  Due to factors outside of our control, Market3 will not be held liable for any resulting damage caused by such a breach.
  22. Core WordPress software auto updates at times. This is for the security of your website as well as the security of all the sites on the same server. 99% of the time this causes no issues, but it is possible that a WP Core update can conflict with other software on your site (plugins). This is especially true with older sites running outdated software. Market3 is not liable for the time required to fix such issues.
  23. Regarding the updates and maintenance of plugins running on your site: For most plugins, the WordPress admin interface indicates when a new version or update is available. This is not absolute and when an available update is not indicated Market3 will not have any way of knowing, and therefore will not be responsible for the updates.  The only way around this is to request that Market3 spend an additional 1 hour per month manually checking all plugins and software running on the site.
  24. For all ecommerce enabled websites, elements or other service, Market3 will solely implement the tax collection parameters as requested by the Client.  Market3 is not qualified to advise on any matter regarding the collection of taxes.  The Client is solely responsible to ensure appropriate taxes are being collected and paid to the correct government agency. If you have any questions regarding your legal requirements involving tax collection, please speak to a qualified accountant or tax advisor.  “TAXES” means applicable taxes and duties, including, without limitation, VAT, Service Tax, GST, excise taxes, sales and transactions taxes, and gross receipts tax.
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