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:
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.
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. Only the products/services specifically listed in your estimate (or email conversation) are included.
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 $140 per hour (but maintenance clients and larger projects usually 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 (don’t worry account numbers and passwords are ALWAYS confidential whether you specify or not! We use a military-grade secure password manager to protect all client account info). An approximate time frame will be 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.
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.
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.
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 and do not want to use (or pay for) stock photos, 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, but 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.
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 sign up for maintenance and paying monthly or yearly to keep the site alive and maintained on my server. 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 $150 to restore the project from backup and get it on our servers again.
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.
Overdue hosting payments:
If you are more than three months overdue in paying for web hosting and have not reached out to us to make a payment arrangement, we may suspend your website. This will cause the site to go down and display a “suspended” notice. If we do not receive payment after four months, we will take the site off of our servers. To get the site back online in this case, full payment of the coming year is due, plus there will be a $200 fee to restore the site from backup and get it updated.
Overdue maintenance payments:
If you are more than three months overdue in paying for maintenance of your website without making a payment arrangement, we will discontinue software updates (and everything else included in maintenance) and will disconnect our license keys. Most aspects of your website should continue to work, but the software will not be updated which means it may eventually become unstable and go down, or get hacked. To resume maintenance, full payment of the coming year is due, plus a fee of $200 to get the site updated again (we may waive this fee if it has only been a few months).
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
– regular off-site backups
– one free hour of work per year, split up however you like.
– monthly report
– a reduced hourly rate for any future billable work
– the use of my premium developers licenses for various plugins and software used on your site.
This service is billed separately, and is paid just once a year. You can cancel any time for a refund of your unused time, minus a $100 fee. You can sign up for that at
If you opt to discontinue maintenance with us at some point this is no problem but you will need to purchase your own hosting (if I am hosting for you), keep the software regularly updated, and you need to know how to fix things if they break. You will also need to purchase your own licenses for the paid plugins/software that is running on your site (for a list of the most common licenses needed, go here and click on “what software licenses are needed?”). If you don’t, the site will continue to work, but you won’t be able to update those plugins when an update is available, which can eventually lead to security, performance, or functionality problems and errors. (For this reason, we offer an Infrequent Flyer’s Club which will allow you to continue to use our developer’s licenses for the software, and hire us on an as-needed basis at a reduced hourly rate)
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.
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) that were used to create artwork or print layouts. The PHP code and the WordPress platform are all open-source, so nobody owns that. Your content belongs to you, and once any outstanding invoices are paid, you own your website. If you choose to move to a different host or use a different developer at a later date, we will send you a zip file containing a full backup of your website (includes all WordPress files and a database sql file). You can then give that zip file to a different WordPress developer who will know what to do with it and how to get it working on another server.
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.
Either party can opt to end this agreement and stop working together at any time. If that happens, we will bill for the work completed so far, then end the working relationship and release you from any future payments.
You agree to stick 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, email, or on this website).
If the project is completed within 2 months from the date that work begins, an invoice for the balance will be sent at the end of the project. If after 2 months the project is not yet complete, you may be invoiced another third of the project. 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 60 days past due date (90 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 13583
Roseville, MN 55113
Online credit card payments can be made at: