Terms and Conditions
These terms and conditions apply to all services rendered. The first payment is proof of your accptance of these terms and conditions. If you have any questions regarding anything in here please contact us so that we can answer your question and improve this document. As with most things we have also injected a small measure of humor into this because heck, we had to write it so might as well have some fun.
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing to something that you might later regret. What we do want is what’s best for both parties, now and in the future.
Table of Contents
- So in short;
- What do both parties agree to?
- Text content
- Graphics and photographs
- Technical support
- Hosting Pricing
- Dangerous Code
- Claims of Violations of Copyright, Trademark, Patent or Trade Secret
- Search engine optimisation (SEO)
- Changes and revisions
- Warranty of work
- Legal stuff
- Intellectual property rights
- Displaying our work
- Payment schedule
- Payment Methods
- But where’s all the horrible small print?
So in short
You, are hiring us kalm42, Inc (“We or Us”) to do one or more of the following:
- Design and develop you website
- Host your website
- Manage a Google Adwords account for you
Of course it’s a little more complicated, but we’ll get to that.
What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out here.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.
Getting down to the nitty gritty
We create designs that adapt to the capabilities of many devices and screen sizes. We create them iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’
You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder or Github repository or development site with you and we’ll have regular, possibly daily contact by either phone, or Slack.
If—at any stage—you change your mind about what you want delivered or aren’t happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working until that point and may terminate this contract.
Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website. We provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we’ll provide a separate estimate.
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, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate.
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.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), and Mozilla Firefox. We 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
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. We test our designs in:
iOS: Google Chrome
Android: Google Chrome
We won’t test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate.
We’re a website hosting company so we offer support for website hosting, or other services relating to hosting if you are using us as your hosting provider. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. We can set up your site on a server, plus any statistics software such as Google Analytics and will provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.
Our fully managed hosting is $540 per year and includes the following:
- 25 gb of storage
- 1 vCPU
- 1 gb RAM
While we make almost every site we host not all clients choose to contract with us to provide website monitoring and management. This can lead to your site getting hacked and dangerous or injurious code running on your website with malicious intent. You may not have malicious intent but the code on your website might.
We reserve the right to cancel your hosting with no prior notice if we find such code running on our servers.
Claims of Violations of Copyright, Trademark, Patent or Trade Secret
If we receive a complaint that content you provided us is violating someone's copyright, trademark, patent or trade secret we reserve the right to remove the violating content. We will not take any measures to validate the legitmacy of the complaint. If you believe that the complaint is not a ligitmate one and want to continue hosting the content you may do so with another hosting company.
Repeated violations may result in the termination of all hosting services.
Any content we provided we have proof of copyright ownership and will not remove the content as we know and can verify the illegitimacy of the complaint.
Search engine optimisation (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines and the content is optimized to improve your ranking. We just can't guarentee that it will.
Changes and revisions
We 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 we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks.
Before the project is completed you should review the entire site for content and functionality. After the project is completed any and all changes or revisions will be billed at a one hour minimum and every half hour after that.
Warranty of work
If we are hosting your website we will warranty our work for one year from the date the site goes live.
We do not warranty any third party work.
Any updates from third parties that break the website will not be warrantied.
If you are hosting the website yourself we do not warranty anything.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we 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 us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we 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, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule unless we agree to a different schedule in advance.
When developing and designing a website 1/2 is due upfront the last 1/2 is due just before the site goes live to the internet on your domain name. The first 1/2 is due upfront to cover our costs during the development of the website and is not refundable after work has started.
Hosting charges are due monthly or yearly in advance of the service provided. You may cancel at anytime. We will refund you any unused time prorated to the next day.
Any hourly charges for miscellaneous work will be billed weekly after the work has been done and is due upon receipt.
We issue invoices electronically. Our payment terms are due upon receipt. All invoices and quotes are in USD and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge late fees on all overdue invoices. The late fee is $50 or 10% of the invoice whichever is greater on any invoice 15 days past due.
If any invoice goes over 60 days past due all services will be stopped until the account is brought current. That is all services we provide to you. For example if after your website is live you contact us to add new functionality for your website and fail to pay the invoice for that additional functionality the hosting for your website will be stopped until your account is brought current. Please do not make us do this.
We accept credit credit cards and paper checks. We use Stripe to process credit cards and Freshbooks to manage our billing.
Paper checks can be mailed to:2184 Channing Way # 417
Idaho Falls, ID 83404
But where’s all the horrible small print?
Just like a parking ticket, 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.
If anything in this changes we do not need to inform you of those changes. It is your responsability to know what you're agreeing to.
Although the language is simple, the intentions are serious and this contract is a legal document.
Oh and don’t forget those men with big dogs.