Our Terms of Service

Terms of Service:

This is an agreement between us, Wizzy Wig Design and you/your company. By giving verbal or written approval for us to begin work on your project, whether or not you have physically signed this contract, you are agreeing to the following terms:

Summary:

We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. The terms below govern all of our work for you.If you do not agree with any of the below terms, let us know before work begins on your project. Making a deposit or otherwise approving for work to begin indicates your agreement to the below terms.

In short:

You should have (or will) received a quote for your project which shows the work to be performed and an estimated total price. You are hiring us to perform the services as described in that quote for the total price shown.

Rates:

The total price shown on your quote is based on the number of hours we estimate each task/item will take, multiplied by an hourly rate. Our normal hourly rate is $100 per hour (maintenance clients and some projects may have a lower hourly rate, as indicated in your quote) and we will generally stick to the price quoted. However if there are unforeseen changes/complications such that the total amount of time we’ve put into the project so far starts to approach the total hours budgeted, we will let you know right away so you can decide how to proceed, as any additional time may be billable.

What do both parties agree to do?

As our customer, you promise that you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images, passwords, and other information as and when we need it, and in the format that we ask for. Deadlines work two ways and you will also be bound by any dates that we set together. You agree to review our work, provide feedback and sign-off approvals in a timely manner. You also agree to stick to the payment schedule set out at the end of this contract.

We promise that we have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. We will also maintain the confidentiality of any information which you indicate in writing is confidential. An approximate time frame will be (or has been) provided to you which describes how long we believe your project will take. We can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on time at any stage.

Design

If the project includes a new custom design, we will create one or more main designs as detailed in quote. You will then have the opportunity to make up to two rounds of revisions to one chosen design. (Web interface designs will include one mockup for the home page and one mockup for a single inner page. These two mockups are treated separately for changes, but as the same design for the purposes of this agreement.) If after the 2nd round you still have more changes to make, further design revisions may be billable at the hourly rate set out above.

XHTML/CSS layout templates

If the project includes HTML markup and CSS styling, we will test all our markup and CSS in current versions of major browsers including Firefox, Chrome and Internet Explorer. We will not test and do not guarantee performance in browsers 2 or more whole version numbers outdated. If you need your site to look the same or similar in older browsers, this can be done, but will be billable at the hourly rate set out above for any necessary additional code and testing.

Text content

You agree to supply your final static content to us in a form that is ready to drop in. We will place and style your content (unless otherwise speficied in the quote). If you need to rewrite your text content or change images after it’s already been placed, we reserve the right to charge you extra for having to place and style the new content again, at the regular hourly rate.

Photographs

You will supply us any photos, videos and other artwork to be included in your project in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. If you do not supply any photos/artwork, no photos/artwork will be included. Any time we spend searching for, as well as the cost of the photos themselves, may be billable at our hourly rate.

Changes and revisions

If your project is a website, we know from plenty of experience that things almost never are perfect the first time around. This is why the quote referenced at the beginning of this document includes time for 2 rounds of site-wide changes. This includes element positioning, photo swaps, functionality tweaks and minor text edits (a word or sentence here or there). It does not include changes to entire pages of content or the overall page design that you already approved earlier. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. Anything not included in the scope of the original estimate will be billable at the hourly rate above. Along the way we might ask you to put requests in writing so we can keep track of scope changes.

Stalled/Abandoned Projects

If we do not get needed content (or other materials/passwords/etc) from you for more than two months, your project will be considered stalled. If this happens, we will contact you to see how you want to proceed. You will be asked to pay for all work completed so far (minus your deposit). If you think you will be ready to finish soon and want to keep your project on our staging server, you will be asked to begin paying $20 per month to keep it alive and maintained. If you do not think you will be ready to finish soon, then we will make a full backup and remove it from our server. Once any invoices are paid in full, we will send you the backup file. Be sure to download this backup file and keep it somewhere on your computer for safekeeping, as we are not responsible for long term storage of abandoned projects. Once you are ready to pick the project back up, this backup file can be given back to us (or another WordPress developer) to pick up where you left off. We will charge a flat fee of $75 to restore the project from backup and get it on our servers again.

Abandoned Projects:
If a project is stalled and we do not get any responses to emails or phone calls (we will try at least twice) for more than three months from our first attempt, your project will be considered abandoned. In this event, any deposits you have paid will be forfeited and all work done to date may be lost. We are not responsible for long-term archiving of abandoned projects.

Technical support and website maintenance

To help keep your new website running as smoothly as it did the day it launched, we offer low-cost maintenance plans for our clients. This includes:
– technical support for any website or hosting-related questions
– performance of regular WordPress software and plugin updates
– any required site/theme repairs (fixing things if they break due to an update — This ONLY applies if Wizzy Wig Web Design created your website)
– extra optimization to your site for security and fast performance
– regular off-site backups
– small tweaks of any kind (small = 5 minutes per month)
– monthly report
– a reduced hourly rate for any future billable work

This service is billed separately, and is paid just once a year. You can sign up for that at
https://wizzywigwebdesign.com/services/maintenance-packages/

Copyrights:

You guarantee to us that any text, graphics, photos, designs, trademarks, or other items that you provide us for inclusion in the project are either owned by you, or that you have permission to use them. You agree to indemnify us for any third party claims related to the site and content that you provided.

Ownership:

Before you have paid for your project, all work completed is the property of Wizzy Wig Design. Once we receive your final payment, the only ownership we retain are the source files (such as Photoshop, Illustrator or InDesign files) used to create your artwork or print layouts. The code and the WordPress platform are all open-source, so nobody owns that.  Once any outstanding invoices are paid, you own your website. If you host with us and if you choose to move to a different host or use a different developer at a later date, you can take your website with you.

Legal stuff

Nobody can guarantee that the functions contained in any web page or in a printed piece will always be error-free, this is why we ask you to approve the work before launch or delivery. For this reason, 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 arising out of the operation of or inability to operate web site or any other produced piece, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then it will be stricken from this agreement and will not affect the validity and enforceability of any remaining provisions.
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission.

Payments

You agree to stick tight to the following payment schedule, unless other arrangements have been made:
Amount due to begin work: 1/3 of the project total, (or other flat amount we indicate to you by phone or email).
If the project is completed within 1 month from the date that work begins, an invoice for the balance will be sent at the end of the project. If after one month the project is not yet complete, you may be invoiced another third of the project at the end of the second month. Likewise for the third month, until the balance is paid in full. All invoices are payable within 30 days of invoice date. You acknowledge that if invoices remain unpaid for more than 60 days, we reserve the right to stop work for you until all invoices are made current. In this case we may also require prepayment for future work. You agree that any costs or expenses we incur in attempting to collect amounts due from you will be charged to you.

Invoices that are more than 30 days past due date (60 days past invoice date) may incur an interest fee of 5% per month.

Where to send payments:

Checks may be sent to:
Wizzy Wig Design
PO Box 19185
Minneapolis, MN 55419

Online credit card payments can be made at:
https://billing.wizzywigwebdesign.com