In these terms of service/engagement

AlphaGraphs is also called “We” or “AlphaGraphs  LCC” in this agreement.
The client means the person or business accepting the terms of this agreement/engagement and is also referred to as “you” or “yourself” in this contractual agreement.

Estimates

Estimates will be honoured for 5 (business) days.

Estimates that have been provided to you in writing, but not accepted by the client will only be accepted within 5 (business) days of the initial date of receipt of the estimate.
A new estimate will be drawn up upon request from the client.

Charges and Fees

All new web design projects require an initial retainer equal to 1/2 +GST of the estimated total project cost (a minimum amount of $50 +GST) at the time of acceptance.

Retainers are not refundable after work has been started on any project, except in such cases and under such circumstances as AlphaGraphs LLC canceling the project. All refunds if any will be returned within 30 business days.

If the project contains a design phase, then a progress payment as set by AlphaGraphs  LCC is payable on acceptance of the design phase.

The final balance will be due upon completion of the web development project and must be paid before it is released to the client or published to the internet.

AlphaGraphs  LCC retains the right to hold all graphics, and project development work (with the exception of content and graphics provided by the client), until payment is received in full for such items.

Commencement of Work

Work will begin as soon as is practicable once the client has agreed to.

This forms an agreement between AlphaGraphs  LCC and yourself (the client). If for any reason there is any non communication from the client or a change in circumstances which results in the termination of the project, the client agrees to pay for any time spent on the project by AlphaGraphs  LCC – but not yet billed – in full.

Continuing Authority

The client acknowledges that this is a continuing authority and can only be cancelled by giving AlphaGraphs  LCC 10 days prior notice in writing.

Payment Terms

The client accepts that payment terms in relation to AlphaGraphs  LCC’s fees provide that payment is to be made within one month (30 days) of the date of the invoice unless otherwise agreed with AlphaGraphs  LCC in writing.

If payment is outstanding the client accepts that all work will cease until the account is either settled or a satisfactory agreement is in place.

Meetings

The initial meeting is always free of charge, any subsequent meetings are chargeable and additional to any project estimates.

Web Site Design Credit

All AlphaGraphs  LCC clients will have a small ‘Design (and/or Development) by AlphaGraphs’ text link in the footer of their website on no less than one page, unless client specifically notifies AlphaGraphs in the initial agreement or before work is started that it is preferred not to have it.

By hiring AlphaGraphs  LCC to work with you on your website you are agreeing to this, and you understand that this link may not be removed without AlphaGraphs  LCC’s prior consent, or unless some other arrangement has been agreed to – by both parties.

Email Hosting

AlphaGraphs  LCC highly recommend using Google Apps for domain based (you@yourdomain.com) email hosting and storage.

Website Hosting

AlphaGraphs LCC provides website hosting. Hosting is 100% USA-owned and operated, fully DNC, and ICANN accredited. You agree that your contractual relationship is solely with AlphaGraphs LCC and not any web host.

WordPress Security Updates

AlphaGraphs  LCC take security seriously, and as such all critical WordPress Security Updates will be undertaken automatically and charged for accordingly – irrespective of whether or not you have a support contract. If you have taken over responsibility for your own website updates, it is advised that you do so in a timely manor. Any issues arising from your failure to do so may result in support charges to rectify the situation.

Subcontractors

AlphaGraphs  LCC reserves the right to hire subcontractors on any given project should the need arise.

Ownership and Copyright

Upon completion of the project and upon full payments for services rendered with the exception of software development, AlphaGraphs  LCC transfers all rights and ownership of custom designs and programming (by AlphaGraphs  LCC) to the client.

Software and third party graphics or programs are not transferred to the client, and remain under copyright of their respective owners or publishers.

AlphaGraphs  LCC reserves the right to resell custom designed websites that remain unpaid by the original client. AlphaGraphs  LCC also reserve the right to resell unaccepted mock-ups or other graphics created, or code written by AlphaGraphs  LCC but not in legal use by the client.

AlphaGraphs  LCC reserves the right to display website’s and graphics that have been designed and/or built by AlphaGraphs  LCC on this website, and in any marketing material.

WordPress Security, and Administrator Level Access

AlphaGraphs are happy to provide administrator level access to any website developed by us.

However – it is important you are aware of the responsibilites this entails.

Deadlines and Timeframes

AlphaGraphs  LCC understands the importance of completing projects in a timely manner.

However, any delays incurred by the client will cause a subsequent and equal delay in any agreed schedules, and will impede AlphaGraphs  LCC’s ability to meet any deadlines previously agreed to at the beginning of the project.

Re-establishment Fee

Should any project be inactive for a period of 30 days (or more) due to any client related delay, a reestablishment fee of $160 + GST will apply in order to cover time spent becoming reacquainted with the requirements of the project.

A client related delay includes failure to pay invoices within the required timeframe.

Non Communication

If AlphaGraphs  LCC is unable to communicate with a client on a project for an extended period of time (3 business days or more) – by phone or email, the project will be put on hold.

Any previously agreed to timeframes or deadlines will be null and void and will need to reassessed upon the resumption of communication a re-establishment fee may apply.

Non Payment

If an invoice has not been paid within 30 days of the date of issue, all services relating to that invoice shall be suspended.

These services shall be reinstated once payment (in full) has been made but may incur a re-establishment fee.

Liability

Services purchased from AlphaGraphs  LCC are provided “as is” without warranty of any kind.

In no event shall AlphaGraphs  LCC be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of their website, services, web hosting and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design rests with the client.


Acceptance

Please note that by making a payment for AlphaGraphs’s web services you are agreeing to all of AlphaGraphs  LCC’s terms of service as written above.

AlphaGraphs  LCC reserves the right to change or update these terms at any time without prior notice. If you would like to be notified of updates or changes to these terms, please email info@alphagraphs.com.