Web Design, Development & Marketing Agreement
This agreement signifies the intent of The Client to retain the services of Dominate Marketing Hub (DMH).
DMH will perform all agreed upon services outlined below.
In return for the services performed, The Client will pay DMH all fees and charges as set forth in the prepared Agreement or Invoice.
Initial Setup:
Initial Setup payments are to be made in advance, prior to work commencing on The Client website.
Once work has commenced, payments are non-refundable
Web Development:
Deposit: The Client will pay DMH a minimum of 50% deposit of the agreed amount as set forth in the prepared Website Agreement or Invoice up front for all non-monthly or non-annual services. In the case of smaller or special requirement projects, the full amount of the project may be required prior to any work being started.
Progress Payment: The Client will pay DMH any progress payment of the agreed amount as set forth in the prepared Website Agreement or Invoice up front for all non-monthly or non-annual services.
Final Payment: The Client will pay DMH any balance owing upon notification by DMH of completion of web development, before website can ‘Go Live’.
Further The Client will pay for 100% of all monthly or annual fees upon receipt of invoice, in advance for each month or year the service/s are to be performed.
Once work has commenced, payments are non-refundable
Special Offers:
To secure a special offer, payments are to be made in advance, prior to work commencing on The Client website.
Special Offers expire within 30 days, if not paid for in full within this time.
To be able to keep prices low for special offers, we depend on referral business from the links in the footer of your website. For this reason these links must remain in place, regardless of where your website is hosted.
Once work has commenced, payments are non-refundable.
Quotes:
Quotes remain valid for 30 days, after which time the Project will need to be re-quoted.
Hosting & Membership (H&M) (If hosted with DMH - otherwise this section does not apply):
Note: Just like a tenant pays a landlord rent to use a shop front, The Client pays DMH hosting and/or membership (rent) to use space on the internet.
All monthly or annual H&M payments are due in advance of services for the coming month or year.
Monthly or annual H&M services may be cancelled at any time in writing after the initial 12 months.
Any and all outstanding H&M fees and charges must be paid in full upon cancellation.
Any and all H&M payments are non-refundable, and the balance owing is calculated to the end of the current term.
Software Licences:
Unless otherwise specified, software licence renewals are not included in the Agreement.
Payments:
Once work has commenced, payments are non-refundable
DMH agrees to:
- Start work immediately upon receipt of full initial payment required
- Complete all requirements as per Website Agreement or Invoice document and/or Order / Tax Invoice form.
The Client agrees to:
- Provide documents, graphics, logos, photos of previous work, for content to be used on the website
- Provide approval for website mockups and input on revisions in a timely manner to ensure on-time delivery of website
- Provide a contact to answer any company related questions as needed in relation to content / desired information on the website.
Both parties agree to:
- Keep all information and communication private & confidential
- Communicate openly, honestly, and in good faith
How it works:
- On payment of the initial payment in full, two things happen:
- DMH will create a base website with the required functionality as per the Website Agreement or Invoice.
- DMH will notify the Client of the base website functionality completion and request any progress payment as per the Website Agreement or Invoice.
- The Client needs to get all branding, logos, graphics and content to DMH within 3 days of initial payment if they are to be added by DMH.
- Once The Client’s mockup design has been agreed upon, The Client will be asked to confirm in writing that the design is satisfactory and DMH will then complete the design.
- Once the design mockup is submitted to The Client, The Client has 3 days to notify DMH of any changes required. After this time it will be understood that the design phase is complete and that The Client has accepted the design as satisfactory and DMH will move on to the next stage.
- The Client now forwards any required progress payment/s.
- DMH will now add content for the Home, About & Contact pages, plus any pages as per the Website Agreement or Invoice.
- If DMH is transferring content from The Client’s previous website to The Client’s new website, this will now be completed.
- The Client will start adding new content to the website.
- Once the website is completed, The Client has 3 days to check the site for errors and notify DMH of any minor changes that are required within the scope of the Website Agreement.
- Once The Client’s website is complete The Client will be required to make any and all final payments, which are due 24 hours before the site is to “Go Live”
- If the balance owing is not paid by the live date, DMH may take the site off the internet until such time as payment is made in full. If this occurs, The Clients access to the site will be restricted.
- During development of the website, monthly hosting payments are required to be paid, on time.
- Should any payment not be made in a timely manner within the timeframe given, work on the website may cease.
- DMH will not be liable for any delays resulting from the Clients failure to provide all required information in a timely manner.
- Should development be delayed past the Go Live date due to client for any reason, or should payments cease or not be made by their due date, the website may be taken off the internet and placed on DMH development servers, and the project placed on hold.
- Should the website be placed on our development servers due to client delays, a monthly holding fee of$250.00 will be charged to maintain the site on our development servers until such time as the website is complete and site is “Go Live”.
- Should the website be placed on our development servers due to client delays, a reinstatement fee of $350.00 will be charged for DMH to recommence and complete the project. This amount must be paid for in full prior to work commencing.
How it works for Special Offers:
- On payment of the initial payment in full, DMH will send link/s to online forms used for gathering all information and content required.
- DMH will create the base WordPress website, along with necessary base plugins.
- Once The Client has completed the online form/s and provided ALL REQUIRED INFORMATION, including images, content and all login information needed, DMH will proceed to add client's content to the website.
- Turn around time is usually 4-6 weeks from when DMH receives all required information as above. Turn around time may vary.
- DMH will now add content for the Home, About & Contact pages. If DMH is transferring content from The Client’s previous website to The Client’s new website, this will now be completed.
- Once the website is completed, The Client has 3 days to check the site for errors and notify DMH of any minor changes that are required within the scope of the Website Agreement.
- Once The Client’s website is complete The Client will be required to make any and all final payments, which are due 24 hours before the site is to “Go Live”
- During development of the website, monthly hosting payments are required to be paid, on time.
- Should any payment not be made in a timely manner within the timeframe given, work on the website may cease.
- DMH will not be liable for any delays resulting from the Clients failure to provide all required information in a timely manner.
- Should development be delayed past the Go Live date due to client for any reason, or should payments cease or not be made by their due date, the website may be taken off the internet and placed on DMH development servers, and the project placed on hold.
- Should the website be placed on our development servers due to client delays, a monthly holding fee of $250.00 will be charged to maintain the site on our development servers until such time as the website is complete and site is “Go Live”.
- Should the website be placed on our development servers due to client delays, a reinstatement fee of $350.00 will be charged for DMH to recommence and complete the project. This amount must be paid for in full prior to work commencing.
After Completion of Website:
Once the website is complete and all final payments have been made, any and all changes required to the website will be subject to a fee for work required.
A written quote will be supplied to The Client via email by DMH. The Client will reply to the email, signifying agreement of the fees.
The Client will forward the required deposit or payment to DMH prior to commencement of work.
Design & Development Footer Credits:
All copyright and developer credit links in the footer will remain untouched, in place (unless otherwise agreed upon prior) until such time as DMH design and development are no longer used in any way. Alterations to the design or development does not negate the requirement to keep the footer credits and links in place.
DMH will not offer any guarantees, conditions or warranties regarding the accuracy, speed, uptime, completeness, reliability, suitability or currency of your website.
DMH will not guarantee that your website will function without interruptions or errors, nor that it will meet your requirements or be impenetrable by external intruders.
DMH is not liable for loss of income, revenue, interruptions of business, loss of profits, anticipated savings, data or any liability for any direct, indirect or consequential loss or damage incurred.
The Client indemnifies DMH, its directors and representatives from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to use of our services by you or anyone else, or otherwise arising as result of this Agreement.