Service Terms and Conditions
THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU “THE CLIENT”.
As used herein, the terms “THE CLIENT”, refers to: The company or individual requesting the services of Site Perception.
As used herein, the terms “Site Perception” as well as “we” refers to: Primary designer/site owner & employees, subcontractors or affiliates.
Site Perception will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Site Perception and THE CLIENT, this includes telephone and email agreements.
These are the terms and conditions for the supply of any or all services and/or products by Site Perception, including any usage of Site Perception’s online technologies. Please read these terms and conditions carefully.
Acceptance of Terms and Conditions:
By accessing, browsing, and/or using the pages in this Website, It is a strong condition that THE CLIENT agrees to be bound by Site Perception’s terms and conditions for any usage of Site Perception’s services and/ or online technologies.
Following the commencement of the project and / or payment of the project deposit, or any fee, by THE CLIENT to Site Perception; THE CLIENT agrees that acceptance of a supplied quote or proposal from Site Perception to begin the project and / or payment of any fee is taken as agreement to these terms and conditions. Upon receipt of such deposit made by THE CLIENT, Site Perception is authorized to execute the project.
Without required notification to THE CLIENT; Site Perception reserves the right, at any time, to modify, alter, or update this Agreement, and THE CLIENT will be bound by such modifications, alterations, or updates. Such changes, modifications, additions or deletions will be effective immediately. Presenting changes to the Terms and Conditions to THE CLIENT is not required by Site Perception but may be given by any means, including but not limited to posting on this Website or by electronic or conventional mail.
By hiring Site Perception for any and all services, THE CLIENT agrees to regularly review this Agreement and accepts such revisions.
1. Payment Terms: Payment terms are strictly seven days from the date of invoice and all monies owed by THE CLIENT are to be receipted by Site Perception’s financial institution by 5:00pm on the due date of said monies.
2. Overdue Payments: It is a strong condition that THE CLIENT agrees that any or all overdue payments by THE CLIENT to Site Perception may result in immediate account suspension and the revoking of any usage rights to any and all Site Perception services and supplied items including, but not limited to, website use, website hosting, email hosting, graphics, designs, logos, and strategic plans. It is a strong condition that THE CLIENT agree that payments will be deemed overdue if they are not received by Site Perception’s nominated financial institution by 5:00pm on the due date of said monies. Overdue payments may incur a late fee of 2% per month (26.82% p/a) at Site Perception’s discretion plus a reestablishment fee for the re-activation of Site Perception services and re-issue of any usage rights. Any and all time spent by Site Perception to collect outstanding amounts from THE CLIENT or time spent in monetary disputes, debt collection or legal action may incur extra costs which will be added to THE CLIENT’s bill at the discretion of Site Perception. Payments that remain overdue for 7 days past the due date may result in a breach of contract status at Site Perception’s discretion. It is a strong condition that Site Perception retains full copyright ownership and other rights for all work produced under an overdue payment scenario.
3. Abandoned Status: A project shall be considered abandoned after 60 consecutive days wherein Site Perception has received no response, contact or activity from the client. Should a client abandon a project where the time worked exceeds that covered by any deposits paid, the client will receive an invoice for the difference (plus expenses, if applicable). In all abandoned projects, deposits are forfeit without option for reclamation. Any renewal of the project after termination will require a new agreement, fee schedule and deposit. Abandoned projects with funds owing are subject to an accelerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.
4. Placing Projects On Hold: THE CLIENT may request that a project be placed on-hold at the discretion of Site Perception. Any request for placing a project on hold must be supplied to Site Perception in writing and received within 30 days from the date of payment of the deposit for the project. In such cases, ownership of copyright and all rights shall be retained by Site Perception and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by THE CLIENT. THE CLIENT may request that a project successfully deemed by Site Perception as on hold be re-activated at the discretion of Site Perception. Any request by THE CLIENT for re-activation must be supplied to Site Perception in writing and received within 90 days from the date of payment of the deposit for the project. In such cases, a re-establishment fee shall be paid by THE CLIENT. The amount required for the re-establishment fee will be calculated on a case by case basis to allow for each individual project’s specification and required workload. Any re-activation of the project after being placed on hold or terminated will require a new agreement, fee schedule and deposit. It is a strong condition that THE CLIENT agrees that failure to supply Site Perception with a written request for placing a project on hold within 30 days of payment of the deposit forfeits the ability for the project to be placed on hold. It is a strong condition that any existing fees paid by THE CLIENT to Site Perception, or fees paid in advance by THE CLIENT to Site Perception shall be forfeited under a project on hold status and no refunds will be given.
5. Deposit And Fee Refund Policy: It is a strong condition that THE CLIENT agrees that any deposit and/or fees paid to Site Perception are non-refundable and non-transferable.
6. Data Back-ups: While we make every effort to keep back-ups of both client supplied images and data and work supplied by Site Perception to THE CLIENT, THE CLIENT is solely responsible for keeping own copies or back-ups of client supplied images and data and work supplied by Site Perception to THE CLIENT including and not limited to website content, product information, images, text, and all client documentation. THE CLIENT is not permitted to copies of website technologies. THE CLIENT agrees that Site Perception will not be deemed liable for loss of any or all clients supplied or generated information.
7. Schedules: Site Perception reserves the right to adjust the scope and schedule of the project in the event that THE CLIENT fails to meet the agreed-upon deadlines for delivery of information, materials, content, approvals, payments, and for changes and additions to the services outlined in the agreed quotation.
8. Delivery: In the event any material, content or data necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, binding, or web related technologies and services, Site Perception will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party, or due to third party website hosting and/or related technologies and services.
9. Project Delays and Client: THE CLIENT agrees to make available as soon as is reasonably possible to Site Perception all materials required to complete the site to the agreed standard and within the set deadline.
Site Perception will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Any time frames or estimates that we give are contingent upon your full co-operation to complete and finalize content within your websites working pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
10. Revisions/Changes and Project Scope: If THE CLIENT changes any aspects of the agreed scope of the project at any stage during the project; a revision fee may be applicable at the discretion of Site Perception after discussing the changes with THE CLIENT. Additional services will include, but are not limited to, changes in the extent of work, changes in scope, changes in schedule, changes in database design and programming, changes in the complexity of any elements of the project, changes to visual aesthetics and/or function, and any changes made after CLIENT approval has been given for a specific stage of the project according to the agreed upon quote, including but not limited to concepts, layout, colors, artistic styles, programming and production of mechanicals. Any revision hours included in a Site Perception quote are valid for 30 days from the date of purchase unless otherwise specifically stated in writing by Site Perception. Revisions that fall outside of the 30 day timeframe will incur extra fees.
11. Approval of Work and Revision: On completion of work or requested revisions, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due. No refunds will be granted.
12. Rejected Work: If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
13. Proof-Checking: It is the responsibility of THE CLIENT to proof-check all work submitted by Site Perception to ensure that there are no grammatical, spelling or errors contained in the final product. It is agreed that Site Perception is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public. It is the responsibility of THE CLIENT to ensure that any content uploaded to a Site Perception online technology platform such as a website, is THE CLIENT’s responsibility. It is agreed that Site Perception is not responsible for client content based errors and is not liable for any inappropriate or illegal content uploaded by THE CLIENT to a Site Perception online technology platform.
14. Additions: Any additions to the agreement will be carried out at the discretion of Site Perception and where no charge is made by Site Perception for such additions, Site Perception accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
15. Reimbursable Expenses: Site Perception will use every effort to work within stated budgets but will not be liable if these expenses exceed budgets. When possible, no expenses in excess of the budget will be incurred without THE CLIENT’s permission in advance. THE CLIENT agrees to reimburse Site Perception for any and all out-of-pocket expenses incurred to produce this project which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
16. Client Communication: It is a strong condition that THE CLIENT agrees that any or all time required to communicate with THE CLIENT may require payment to Site Perception including but not limited to meetings, consultations, phone communication, email communication, written correspondence and preparation for said communications.
17. Consequential Loss: Site Perception shall not be liable for any loss or damage which THE CLIENT may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
18. Subcontracting: We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
19. Third Party Relationships: Site Perception may contract with other individuals or companies acting on behalf of THE CLIENT to provide additional services such as writing, photography, illustration, programming and production. THE CLIENT agrees to be bound by any terms and conditions, including required credits and usage rights, with respect to reproduction of the materials that may be imposed on Site Perception by these third parties. When such contractors are required, Site Perception will seek the discussion and agreement of THE CLIENT prior to any formal arrangements with these third parties where applicable.
20. Copyright and Intellectual Property: It is a strong condition that all copyright and intellectual property for work produced by Site Perception shall remain the property of Site Perception unless a change of copyright ownership is specifically stated in writing by Site Perception to THE CLIENT. Upon receipt of all money owed for the entire project by THE CLIENT to Site Perception’s nominated financial institution, THE CLIENT is then granted usage of Site Perception’s online technologies, or use of the design items pertaining to the project for commercial use in; advertising, display of client content, and communication to the public. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights. It is a strong condition that copying, modifying, reverse engineering, de-encrypting, unauthorized reproduction, removal of files, or use contrary to the conditions that appear on this document are not permitted unless Site Perception has issued specific express approval in writing to THE CLIENT. This copyright notice includes all print graphics and in the case of websites and software based technologies, THE CLIENT is not granted a license, nor provided with a product, but is granted permission to use our online technology platform, whether in the form of a website or other web based technology, or software; for uploading and managing client content, content display, online sales of THE CLIENT’s products or services, advertising and communication to the public. THE CLIENT is not authorized to gain access to source code, or make source code changes, or copy, modify, reverse engineer, or de-encrypt any source code, technology, or work created by Site Perception. Any breach of these instructions undertaken by or on behalf of THE CLIENT without Site Perception’s express permission will see swift action including the voiding of any warranty and support on offer; cancellation of license to use Site Perception’s services and/or products; and may invoke legal action for breach of copyright. It is a strong condition that THE CLIENT agrees that all Site Perception services, strategies, works, designs, products, processes, CMS (content management system), and technologies always remain the property of Site Perception and are non transferable in any manner to anyone or anything but THE CLIENT that is authorized by Site Perception; and in the case of Business Catalyst web services and products, may not be used on any non-Site Perception hosting platforms, or for use with, or by, any other service providers, or non Site Perception authorized people or lifeforms. It is a strong condition that THE CLIENT agrees that by definition Site Perception do not supply websites as computer programs or products, rather, Site Perception provides solutions, expertise, related services and an online technology platform; then permits THE CLIENT to use the online technologies via Site Perception’s CMS if supplied and relevant to a particular project, at the discretion of Site Perception. THE CLIENT agrees that any usage of Site Perception’s online technology platform implies and confirms agreement by THE CLIENT to adhere to these terms and conditions. Any breaches of these terms and conditions undertaken by or on behalf of THE CLIENT without Site Perception’s express permission will induce a revoking of THE CLIENTS usage rights, void any warranty and support on offer and invoke legal action for breach of copyright.
Site Perception cannot take responsibility for any copyright infringements caused by materials submitted by THE CLIENT. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
We love to show off our work and share what we’ve learned with other people, so we reserve the right to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
21. Termination Of Services: THE CLIENT may, at any time, terminate any service by providing Site Perception with notification in writing for cancellation of service/s. All costs incurred by Site Perception relating to the project will be charged to THE CLIENT including planning, time scheduling, programming, designing, resources allocation, customer contact time, and all other project related costs at the discretion of Site Perception. It is a strong condition that Site Perception retains full copyright ownership and other rights for all work produced under a termination scenario. Any existing fees paid by THE CLIENT to Site Perception, or fees paid in advance by THE CLIENT to Site Perception shall be forfeited under a termination of services status and no refunds will be given. Site Perception may also at any time, terminate any service by providing THE CLIENT with notification in writing for cancellation of service/s. Upon termination by Site Perception THE CLIENT agrees that any and all usage and access to Site Perception’s services and/or products will be immediately revoked, and THE CLIENT agrees to cease using or accessing Site Perception’s services and/or products.
22. Breach Of Contract: It is a strong condition that THE CLIENT agrees that any deviation from the terms and conditions of this agreement or failure by THE CLIENT to follow the termination of services conditions will incur a breach of contract status whereby all costs incurred by Site Perception relating to the project will be charged to THE CLIENT including planning, time scheduling, programming, designing, resources allocation, customer contact time, and all other project related costs at the discretion of Site Perception. It is a strong condition that any existing fees paid by THE CLIENT to Site Perception, or fees paid in advance by THE CLIENT to Site Perception shall be forfeited under a breach of contract status and no refunds will be given. It is a strong condition that Site Perception retains full copyright ownership and other rights for all work produced under a termination scenario and THE CLIENT forfeits any and all work provided by Site Perception. Under a breach of contract scenario, Site Perception reserves the right to suspend or delete any hosting accounts, email accounts and any or all services.
23. Transfer Of Licenses: Site Perception must be informed by THE CLIENT prior to any event whereby THE CLIENT will be undertaking any action that requires transfer of Site Perception supplied services and/or products to another person, business, company, organization, party, life form or inanimate object. Transfer of usage rights is NOT automatically given and permission must be gained by Site Perception from THE CLIENT. Any transfer or usage rights not following this process will be deemed invalid and all licenses revoked. It is a strong condition that THE CLIENT inform the prospective new usage rights holder of Site Perception’s terms and conditions prior to any supply of Site Perception services and/or products.
24. Payment Obligations: A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee, unless project is equal or less than $500 then payment is due in full. The outstanding balance on your website is due no later than 60 days from the date of the invoice, or after the design, navigation and pages have been approved and built; whichever comes first. There are no exceptions to this, i.e If THE CLIENT decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done.
Final payment is due regardless of whether all content for the pages has been sent by THE CLIENT. This provision is in place to encourage THE CLIENT to get content submitted promptly so that their site can go live. It also ensures that Site Perception gets paid for performing their duty under the proposal, despite tardy content from THE CLIENT. After payment, Site Perception will still post outstanding content AT NO CHARGE for 3 months. In the event an “under construction” page is posted due to missing content, Site Perception will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date. After the three months have expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by THE CLIENT, these changes will be billable at our current regular hourly rate. Any other changes or updates taking more than two hours to complete will require an additional contract.
25. Development Process: Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at our standard hourly rate.
A: Design: We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals and may charge for additional designs if you make a change to the original design specification. Once the site design is approved by THE CLIENT; usually via email or verbal consent, the design is considered ready for implementation. Should THE CLIENT wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.
B: Navigation: Once site outline/map is approved by THE CLIENT, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.
C: Content: Client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that is supplied to us to include in the website or web applications.
Client must indemnify us and hold us harmless from any claims or legal actions related to the content of their website.
Provision of content is client responsibility, unless specifically negotiated ahead of time as part of the project proposal.
- Text content: Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by THE CLIENT. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.
- Copy development: Should client wish Site Perception to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via Site Perception Web Development interviewing THE CLIENT about the topic areas to be addressed on their web pages. Site Perception then composes appropriate copy, submits to THE CLIENT for review, edit, and approval. Approved copy is then posted to the web pages.
- Graphical content: Images outside of the website design must be provided in digital form or in a form that can be easily scanned, unless otherwise provided for in customer’s contract. Subsequent revisions will be billable at our regular hourly rate.
- Stock Photography Payment Obligations: Stock photography includes most photos and/or images not provided by THE CLIENT. Stock photography purchased on behalf of client for use in website development is billable at a minimum of $10 per picture. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $10, in which case we will solicit client approval and communicate the price before purchasing.
- Database Implementation: Entry of data for database applications is considered client’s responsibility. Entry of data by Site Perception is billable, unless otherwise provided for in customer’s contract.
26. Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. Site Perception may elect at its sole discretion to offer a partial refund depending upon the circumstances. At any point before the partial refund is processed; Site Perception has the right to revoke this offer. If at the time of cancellation request work has been completed beyond the amount covered by the initial payment, THE CLIENT shall be liable to pay for all work completed at our current regular hourly rate.
27. Web Standards Compliance: Site Perception agrees to conform to web standards where possible but is not liable for any compliance issues, accessibility issues, privacy issues, and is not responsible for the up-keep of in-house knowledge of web standards. Furthermore, if situations arise whereby THE CLIENT requests a function that contradicts or compromises current web standards, or in cases where it is necessary to include non-conforming technologies to complete a project to THE CLIENT’s request, Site Perception will not be liable from any issues regarding web standards or accessibility laws and guidelines.
28. 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. Site Perception is not responsible if third party extensions, where used, do not have the same level of support for all browsers.
29. Search Engines: We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.
30. Backups: Site Perception in no way will be liable for restoring any client data or client websites. It is THE CLIENTs responsibility for maintaining their own backups with respect to their website.
31. Site Errors: Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Site Perception cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. Site Perception can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free. Site Perception will not be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the web site and any other web pages, even if you have advised us of the possibilities of such damages.
32. Database, Application and E-Commerce Development: Site Perception cannot take responsibility for any losses incurred by the use of any software created for THE CLIENT. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with THE CLIENT in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications or software (unless specifically agreed) written by Site Perception remain the copyright of Site Perception and may only be commercially reproduced or resold with the permission of Site Perception.
Where applications or sites are developed on servers not recommended by Site Perception, THE CLIENT is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is THE CLIENTs’ responsibility to provide a suitable testing environment which is identical to the final production environment.
THE CLIENT is expected to test fully any application or programming relating to a site developed by Site Perception before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Site Perception will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the agreement.
33. E-Commerce Websites: THE CLIENT is responsible for complying with all relevant laws relating to e-commerce. To the fullest extent permitted by law, THE CLIENT will hold harmless, protect, and defend and indemnify Site Perception and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from their or their clients’ use of Internet electronic commerce.
34. CMS Based Websites: Site Perception will not be held accountable for any errors or damage to THE CLIENTs website arising from including but not limited to the updating of CMS themes or plugins, viruses, hacks or any other possible method not listed that could have caused THE CLIENTs CMS based website to become damaged in any way.
35. Websites with Proprietary Source Code: Should client contract with Site Perception to write custom code for a website application, this code is not transferable to a new developer or host. Custom written source code is considered the property of Site Perception Web Development and cannot be shared with other developers. Clients are granted a license to use custom software code while on Site Perception servers only. Site Perception Web Development retains ownership of the code.
In some cases, Site Perception will install software for THE CLIENT’s use that has been built by a third party. Examples include WordPress blog software, FCK editor software, shopping carts, photo galleries, etc. In these instances, clients will be subject to the terms and conditions of the third party who owns the software, and may use the software as a licensee only. No ownership rights of any kind are transferred to THE CLIENT.
Access to or transfer of proprietary source code could result in a security risk to Site Perception and its clients who are running similar pieces of code. In order to provide custom software development services, clients give us access to private and/or sensitive information, trade secrets, proprietary pricing and business methods. If clients believed that we may be sharing this information with outside developers, they could lose faith that we are protecting their proprietary information. Therefore, neither access nor transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted. Should client want us to build software to run on another server, it must be disclosed upfront and specifically contracted for.
Website components that ARE transferable to another host include html code, graphics, logos, pictures, navigation, text, and the data residing within a database (but not the code). Hourly fees will apply for any special work that needs to be done to transfer those parts of website that do not violate the other paragraphs in this section.
36. Description of Ongoing Costs: There are 3 types of monthly ongoing costs: domain registration, hosting and maintenance.
A: Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly PREFER that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.
- Domain Transfers and DNS Management- For domains not originally registered with Site Perception, there will be a $25 fee to either transfer to the domain into our registration platform, or to transfer-out to another registrar. If your domain is not registered with Site Perception, DNS management and troubleshooting tasks are billable at our hourly rate.
- Email – We offer free domain-based email accounts to our clients as part of any hosting contract. If site is not hosted by Site Perception, we take no responsibility for setting up and troubleshooting email problems.
B: Hosting: This cost may recur monthly or annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly PREFER that you do. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with Site Perception to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.
- Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Site Perception fifteen (15) days before the renewal date that you do not wish to renew the account.
- Hosting Cancellation Payment Obligations: You may cancel at anytime. If you cancel before the first 30 days from the opening of your account, please refer to the details under “Limited 30-day Money Back Guarantee.” If you cancel after the first 30 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. Site Perception will refund the prepaid fees for basic hosting for the full months remaining after effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $25. Accounts that are terminated by Site Perception for abuse or violations of internet standards or these terms and conditions will not receive any refund.All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 10 business days from your cancellation date.
- Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider Site Perception can, upon request, download your site onto a CD and mail it to you. The cost for this service $50 per copy. FTP access to your site is not available for transfer purposes. If your website was created using Site Perception’s Business Catalyst CMS it will not work with any other hosting provider. If you choose to cancel Hosting with Site Perception, your website will need to be recreated. We’ll provide a separate estimate for that.
- Limited 30-day Money Back Guarantee on Hosting: If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund on your hosting fee excluding setup fees and time accrued from setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.
- Sites NOT Hosted by Site Perception: Should client decide to host their site on another server, Site Perception cannot guarantee the all elements of the site will work. Site Perception will make a reasonable effort to research the problem on the foreign platform to let THE CLIENT know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Site Perception believes it will take a significant amount of time to fix the problem, we will advise THE CLIENT before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
37. Ownership Of Domain Names And Web Hosting: Site Perception will supply to THE CLIENT account credentials for domain name registration and/or web hosting that we purchased on THE CLIENTs behalf once they fully reimburse us for any expenses that we have incurred.
38. Website Maintenance: There are no required maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System, or installing a blog. For work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.
39. Website Maintenance Payment Obligations: Depending upon the nature of the website changes, prepayment may be required. Should THE CLIENT be invoiced after the changes are completed, the invoice is due upon receipt. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $35 reposting fee added to the outstanding maintenance invoice balance.
40. Recurring Payment Policy & Billing Procedures: Clients that have accounts set up on a pre-pay basis (monthly hosting and maintenance plans) approve Site Perception to charge their initial chosen payment method on a recurring basis until they request termination of service. Site Perception accepts payments via Check, Money Order, Online Check (preferred), Credit Card, PayPal, and Western Union. Monthly charges as well as major account changes are non-refundable. All pricing is guaranteed for the term of pre-payment. Site Perception reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Site Perception to request termination of services.
41. Training: Because customer service is in integral part of our business strategy, websites with administrative control panels or content management systems, projects include a one-time one hour complimentary training session in order for our clients to better make use of their new web technology. Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.
42. Technical Support: We offer local and long-distance phone support to our clients. We do normally bill for technical support depending on the source of the problem, its severity, and our time invested. If Site Perception is not the source of the problem, technical support may be billable.
43. Non-Domain-Based Troubleshooting: Site Perception Web Development maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email accounts (firstname.lastname@example.org, email@example.com, etc), your home or office internet connections, or any other non-domain-based issues outside Site Perception Web Development’s realm of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.
Service Level Agreement to: edit websites; provide post-development training, marketing support and technical support:
(charges apply to a minimum of 1 hour)
Mon – Fri 8am-5pm: Edits, training & support provided – billed @ $85 per hour.
After hours and Weekends: Edit, training & support provided within 12 hours – billed @ $125 per hour
44. Governing Law: The agreement constituted by these terms and conditions, as well as any and all transactions or proposals, shall be governed by, construed and enforced in accordance with the laws of the State of Florida. The Parties (referring to THE CLIENT and Site Perception) herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Bay County, State of Florida. In the event that litigation results from or arises under these terms and conditions or in relation to any services we perform for THE CLIENT, THE CLIENT agrees to reimburse Site Perception reasonable attorney’s fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which Site Perception may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.
To the fullest extent permitted by law, THE CLIENT shall indemnify and hold Site Perception and its subcontractors harmless of and from any and all liability attributable solely to the negligent, intentional or other acts of Company.
DISCLAIMER: To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Site Perception under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.