General Terms and Conditions
As part of our commitment to being as up-front as possible, we want to make sure you have the information below. Please note that our General Terms and Conditions are subject to change at any time with or without notice. This page is a "living document" and should be treated as such. We recommend that you bookmark it and regularly check it for changes. Your ongoing use of our services constitutes your agreement to everything below.
For all new contract clients, we usually ask for 50% of the high-end estimate of a project quote plus any known out-of-pocket expenses, but not less than $50, as an up-front retainer to get started on your work. The balance of what you were quoted is due within 15 days of completion of the project. New clients who have not received a project quote, such as those who are on the Hourly Maintenance Plan, are required to pre-pay for 50% of their first month's expected invoice total, but not less than $50, before any work can be begin.
For any additional work after the completion of a project, beyond the terms of a contracted project, or if you receive general labor from us through a monthly maintenance agreement, we bill on a monthly basis, at the end of the calendar month. Payment is due within 15 days of the invoice being sent, usually by e-mail.
Contract and monthly payments can be made by check, through the mail. Be sure to make your check payable to "Summit Web Dev, LLC." We also accept payments from bank accounts and major credit cards through PayPal. (You do not need a PayPal account.) Simply notify us and we will send you a PayPal invoice, or contact us for our PayPal payment e-mail address.
If these payment terms do not work for you, or if you have any difficulty making payments, please do not hesitate to let us know. We are usually willing to work out alternate payment arrangements that might better fit your needs.
We use an escalating method of payment collections:
- If a payment has not been received close to the due date, we will sometimes send you a reminder.
- After the due date, we will continue to send reminders for a time. Please note however, that after the due date, additional late charges will become due, though we may decide to waive some or all of them, at our discretion.
- If payment has still not been made, we reserve the right to send your account to a third party collections agency.
We offer a 5% discount on all work performed if you are willing to allow us space to include a small "designed by" graphic & link at the bottom of your site or the pages we work on. The graphic and link must remain where we put it, unaltered, for a minimum of three months. If we discover that the graphic and link have been altered or have been removed before the three month window is over, you will immediately be billed for the other 5% we discounted. SWD Quick Updates and New Site Packages are ineligible for this discount.
We believe our rates are the best you'll find anywhere, and we're willing to back that up. If you can find a lower price from another reputable web site developer for the same project, we'll beat their price by 5%. You'll still receive the same great quality our clients have come to expect from us.
We retain the full judgment rights in determining whether the web site developer you obtained a quote or price from is reputable. You will be required to send us the information which they provided in writing to you.
Upon signing a contract with us, you will be subject to the pricing in the contract and this price guarantee is no longer valid.
If you receive a contract from us, you agree to abide by its terms. With regard to any point where the contract may differ from these General Terms and Conditions, you agree that the contract's terms will supersede. When all the terms of a contract are satisfied, any additional requested work will be subject to our normal hourly rates. You may also wish to request a new contract for any ongoing maintenance of your site.
Cancellation of Account
You are welcome to cancel your account and no longer do business with us at any time. However, we will be sad to see you go. Any amount currently due will be immediately billed and payment will be due within 15 days. If you have a contract with us, you will still be bound by its terms.
Termination of Contract
Contracts (and the terms therein) can't be modified or cancelled except by mutual consent, in writing, and signed by both parties. Upon contract termination you will lose any deposit or retainer you have made and you will also be required to pay for any work already done and for time spent on your project, even if nothing we've done is usable at that time. Any amount currently due will be immediately billed and payment will be due within 15 days.
Copyrights and Source Files
You agree that anything you send us for use on your site, you have the legal right to post on your site, and where applicable, it remains under your copyright. Should we deem that you do not have the rights to use something you send to us, we will not put it up on your site. Additionally, please note that you will solely be liable for the use of anything that is posted on your site, whether or not you sent it to us. We hereby declare that we will never put anything up on your site that someone else holds the copyright to, unless we have received full permission to do so.
Search Engine Rankings & Optimization
While we strive to do everything we can to help you get wonderful search engine rankings, the fact of the matter is that we can't guarantee it. Anyone who says they can get you a particular position is simply lying. In fact it's not even possible to guarantee that our work won't harm any search engine rankings you currently may have. Though, we certainly hope that never happens.
If a web site is done right, then search engine optimization (SEO) is unnecessary. Most recommendations from the search engines companies are that you just be yourself with your web site, and good rankings should follow. Making efforts strictly toward search engine optimization very frequently can have a negative impact on your rankings.
Things We Cannot Guarantee
While it's impossible to come up with a complete list of things that can't be guaranteed, please use this list as a list of examples. It is not by any means a complete list.
- Improved search engine rankings
- Increased business or web site traffic
- A better standing in the community
- An exact time to project completion
Limitation of Liability
While we strive to do the best, most complete work we can, mistakes certainly can happen. After all, we are human! While we certainly want to help you improve your business, ministry, image, etc, we can't guarantee that the work we do won't have a negative impact. This can include, but is not limited to, loss of business, loss of traffic to your web site, degraded search engine rankings, a negative standing in the community, or anything else that can be viewed as negative. Though we hope nothing negative ever happens, your acceptance of our General Terms and Conditions means you will hold us harmless for any negative impact that you may incur as a result of the work we do on your behalf. We will never do any work for which you do not ask us to do.
In the unlikely event of a dispute we can not solve on our own, you agree it will be settled outside of the court system, through binding arbitration in Broomfield, Colorado, which the losing party will pay for. You also agree that the laws of the city and county of Broomfield and the state of Colorado will be what is used to settle the dispute.
Updates to the General Terms and Conditions
You agree that the General Terms and Conditions will likely change from time to time with or without notice. As stated before, your ongoing use of our services constitutes your agreement to everything on this page. The General Terms and Conditions contained on this page were last updated on September 25, 2013.