Terms & Conditions
Our desire is to delight our client! One way is to make clear our understandings with each other. These are the terms of our agreement together:
You, as the client, are engaging 21st Century Web Design, located in Palm Bay, FL 32907, as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on your hosting account or a hosting account secured by 21st Century Web Design for the duration specified under “Hosting” below. The client authorizes 21st Century Web Design to publicize their completed website to web search engines, as well as other web directories and indexes. Final delivery of your website can also be in the form of file transfer.
Website Package Elements.
Website package elements are stated online at https://www.21stcenturywebdesign.com/web-design. Additional features, pages & functions may incur additional charges.
The content of the webpages will be supplied by the client and executed as specified by the client. Your website package details how many pages are included in your initial design. In case the client desires additional standard webpages beyond the original number of pages specified above, the client agrees to pay 21st Century Web Design an additional $75 for each additional webpage (not including copywriting services).
Maintenance and Hourly Rate.
This agreement includes minor webpage maintenance to regular webpages over a 30 day period, including updating links and making minor changes to a sentence or paragraph. If the client or an agent other than 21st Century Web Design attempts updating the client’s pages, time to repair webpages will be assessed at the hourly rate and is not included as part of the updating time.
Changes requested by the client beyond those limits will be billed at the hourly rate of $75.00. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn how to use their own webpage editor.
Changes to Submitted Text.
Please send us your final text. Time required to make substantive changes to client-submitted text after the webpages have been constructed will be additional, billed at the hourly rate.
Complimentary services included with your website are optional and are not required by 21st Century Web Design to fulfill:
Until the final payment is made, hosting is required under 21st Century Web Design. After the final payment is made, the client may move the site and files to a hosting provider of his/her choice.
Dropbox backup sync.
Google analytics installation.
Webmaster tools authorization.
21st Century Web Design and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website as soon as possible.
The client agrees to act in an equally expeditious manner to ensure the project stays on the proper timeline.
Regardless of the status of the project, the billing period will continue as set forth in the Payment of Fees section below.
Payment of Fees.
Fees to 21st Century Web Design for website design services are due and payable on one of the following two schedules. The client may choose one schedule and may not switch between fee schedules:
33% Deposit upon initiating the project;
33% on the 31st day of the project;
Balance on the 61st day of the project.
50% Deposit upon initiating the project;
Balance on the 31st day of the project.
When the webpages have been constructed according to the client’s original written specifications, your site will be launched, regardless of where your payment is scheduled on the timeline. Access to your hosting account, files and database will be provided upon final payment. There is no penalty for pre-payment of services.
Fees due to 21st Century Web Design for monthly digital marketing services are due every month on the date selected by you at signup. This date may be changed by a request in writing and will take effect the following service month.
All payments will be made in US funds.
Assignment of Project.
21st Century Web Design reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
21st Century Web Design does not warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with client. In no event will 21st Century Web Design be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, even if 21st Century Web Design has been advised of the possibility of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Copyrights and Trademarks.
The client represents to 21st Century Web Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 21st Century Web Design for inclusion in webpages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend 21st Century Web Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Copyright to Webpages.
Copyright to the finished assembled work of webpages produced by 21st Century Web Design is owned by 21st Century Web Design. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled product (you own it!).
Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. 21st Century Web Design and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
In order for 21st Century Web Design to remain in business, payments must be made promptly. Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% annual interest penalty will be added for each month of delinquency. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
Delinquent bills for digital marketing services will not be assessed a late payment penalty. If a monthly payment has not been received and we have not been able to contact the accounts payable representative for your company to make other arrangements, service shall be paused for a period of 2 weeks. If, after these two additional weeks payment has still not been made, then the account shall be considered abandoned and all supporting services will be terminated. If your monthly service includes website hosting then 21st Century Web Design reserves the right to remove your website from viewing on the Internet until payment is made. Service may be reinstated any time, however, a new setup fee will be applicable.
Marketing packages that include website or domain hosting as part of the monthly service fee will have their hosting services suspended if the account is more than 30 days past due. The hosting services shall remain suspended until such time as the entire past due balance is paid.
This agreement becomes effective only when accepted by 21st Century Web Design. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Brevard County, Florida, and any dispute will be litigated or arbitrated in Brevard County, Florida. Please pay on time.
The agreement contained in these “Terms & Conditions” constitutes the sole agreement between 21st Century Web Design and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. Continued services after that time will require a new agreement.
Initial Payment and Refund Policy.
This agreement begins with an initial payment of a deposit amount specified above. If the client halts work and applies by registered letter for a refund within 10 days, to the Director of 21st Century Web Design, 965 Camden Avenue NW, Palm Bay, FL 32907, phone (321) 723-6945, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 10 days of signing this contract.
Breech Of Contract Clause
This agreement includes the provision that should any contract (verbal or written) be terminated by the client prior to completion of the project then the client agrees to be assessed by 21st Century Web Design at the stated hourly rate of $75.00 / hour for all hours put into the project up to the point of termination.
21st Century Web Design reserves the right to edit these terms and conditions at any time.