The following Terms and Conditions document is a legal agreement between Sarcastic Web, hereafter “we, us, our,” and the Client hereafter “you” for the purposes of website design or development and are deemed part of the contract that exists once you sign the Proposal. These Terms and Conditions set forth the provisions under which you may use the services supplied.
2. Acceptance of Work
Quotations included in our Proposal are valid for 30 days from date of issue.
When you sign a Proposal to purchase a website or website updates from us, the proposal represents an offer to Sarcastic Web to purchase the website or website updates. No contract for the supply of services exists between you and Sarcastic Web until we send a Proposal to you for signature. The signed Proposal equals acceptance by Sarcastic Web (or third party supplier) of your offer to purchase services from us and this acceptance of work is a valid contract between you and Sarcastic Web regardless of whether you receive an invoice.
You agree to check that the details of the Proposal are correct and you should keep a copy for your records. Sarcastic Web may withdraw the from the contract at any time prior to acceptance.
Additional work requested by the you that is not specified in the agreed Proposal is subject to an additional quotation by Sarcastic Web on receipt of specification. If the work is needed as part of an existing project, then this may affect the overall delivery time of the project.
If a functional specification and a set of testing criteria is included within the Proposal, Sarcastic Web is responsible for fulfilling the testing criteria as the sole criteria for completion of the contract.
You agree that WordPress, as our standard development platform, is an agreeable platform for development of the website and all acceptance testing will occur only on the standard development platform. You further agree that any requests relating to hardware or software outside the standard development platform will be deemed additional work.
You agree to provide any needed information and content required by Sarcastic Web in good time to enable Sarcastic Web to complete a design or website.
Any work may be subject to a minimum charge of $150.
Sarcastic Web will develop a detailed Proposal for you that describes the functionality of your website. We encourage you to review this Proposal thoroughly to make sure it is consistent with your expectations. Your satisfaction is paramount and we want to make sure we hit the mark. Consequently, having everyone on the same page before we begin work is a very important aspect of the total customer experience. We want to make that experience exceptional for you. Once you accept and sign the Proposal it as well as these Terms and Conditions constitute a legal contract between you and Sarcastic Web.
4. Who Owns your Website
Sarcastic Web does not retain any ownership interest in your website once it is launched and the final invoice has been paid by you. Prior to launch and full payment, Sarcastic Web retains exclusive ownership of the website. Post launch and final payment you own your WordPress website in whole including copyright. Additionally you own your domain name and your hosting account and any paid plugins used on your website.
5. After-Sale Service
We will provide you with at least 12-months of free post-launch service to make sure you are comfortable with the operation of your website.
6. Domain Name (URL)
Unless otherwise specified in the Proposal, Sarcastic Web does not register your URL (your web address or domain name) so there is never any question about who owns it. You do. Getting a registered URL is a simple matter of going to a registration site such as GoDaddy or HostGator and purchasing a domain name. In this case, GoDaddy (or another site) will register the domain name for you. The fee is typically around $12/year. Promotions are frequently available and you may be able to take advantage of discounts. We will be happy to walk you through this process, but Sarcastic Web has no control over the cost of your domain registration and does not offer any assurance that your chosen URL will be available to you.
7. Hosting Service
Your website must be “hosted” (physically reside on a server) someplace. There are a number of hosting services and their prices are reasonably competitive. If you have the same company where you register your domain host your site, you often get a discount. For example both GoDaddy and HostGator offer hosting services, but there are a number of hosting services who are happy to compete for your business. Hosting services typically have a monthly charge of $3-$9 depending on how many of their “bells and whistles” you get and any prevailing promotions they might be offering. Sarcastic Web will be happy to consult with you on your hosting service but has no control over costs or availability of those service.
8. Deposit and Payment
Sarcastic Web will include payment and deposit terms in your Proposal. Typically, we will require a 40% deposit with the remainder due upon satisfactory completion of the project. Upon receipt of the final payment Sarcastic Web will take your site live.
- All invoices must be paid in full within 10 days of the invoice date, except where agreed at Sarcastic Web’ own discretion.
- Sarcastic Web reserves the right to decline further work on a project if there are invoices outstanding with you.
- Sarcastic Web reserves the right to remove its work for you from the Internet if payments are not received.
9. Purchased Plugins
Plugins add functionality to your website. Generally speaking, most plugins will not incur any additional cost to you and are included in your Proposal. However; there are instances when a purchased plugin will be required to deliver a specific functionality on your website. This may include complex scheduling calendars, extended e-commerce functionality, etc. When we prepare your Proposal, we will generally be able to identify any paid plugins we anticipate needing. We will do our best to identify this need up-front and we will pass the cost of paid plugins through to you directly with no mark-up. Because some paid plugins are licensed to the user, you agree to purchase the plugin directly and provide us with the necessary access to install it on your website. Again, this is to avoid any question as to whom the plugin is licensed. Sarcastic Web does not “code” external plugins and is not responsible for their functionality or for their suitability of purpose. We have no control over if and when they are updated by their developers and some plugins my become incompatible with future updates of WordPress or changes made by your hosting service. We make every effort however, to select plugins that have a good reputation for staying current and compatible with WordPress.
10. Purchased Photography and Images
You herewith agree that all media and content made available to Sarcastic Web for use in the project are either owned by you or used with full permission of the original authors. You agree to hold harmless, protect and defend Sarcastic Web from any claim or suit that may arise as a result of using the supplied media and content, including but not limited to reasonable attorney fees.
If you do not have appropriate photography or images for your website, Sarcastic Web may, at your direction, acquire stock images on your behalf. Any stock images we purchase for your website will be charged back to you at cost with no additional markup.
By design a website is an open-ended project. It has a beginning but it doesn’t really have an “end” as presumably you will be adding to it on an ongoing basis. Consequently, you agree that “completion” is defined as the point in time when your website’s functionality is in place and is working satisfactorily in accordance with our Proposal.
12. Rights to Portfolio
We are proud of our work and we want to be able to give new clients a taste of the work we have done for others. You agree that Sarcastic Web reserves the right to include any work done for you in a portfolio of our work, either in print or electronic media, in perpetuity and without additional compensation.
You agree to use all Sarcastic Web services and facilities at your own risk and agree to defend, indemnify, save and hold Sarcastic Web harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against Sarcastic Web or its associates and successors that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by Sarcastic Web or its third parties.
You agree that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.
You also agree to indemnify, hold harmless and defend, Sarcastic Web against any liabilities arising out of injury to property or person caused by any product or service sold by you or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organization. Such indemnification includes but is not limited to legal fees.
Sarcastic Web reserves the right to refuse to handle:
- Any media that is unlawful or inappropriate.
- Any media that contains a virus or hostile program.
- Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
- Any media that constitutes a criminal offense, or infringes privacy or copyright.
Sarcastic Web does not sell or rent your personal information and except to provide you with information and services you’ve requested, we will not share your personal information with other people or non-affiliated companies without your consent. Sarcastic Web and any third party associates agree that, unless directed by you, we will not at any time during or after the term of this agreement disclose any confidential information. Conversely, you agree that you will not convey any confidential information about Sarcastic Web to another party, unless so directed by Sarcastic Web.
Should one or more terms of this contract be held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
17. Statutory Rights
These Terms and Conditions do not affect your statutory rights as a consumer.