This document defines the terms and conditions of our working relationship. All projects or services that Dynamic Support Services may be contracted to produce or provide for Client will be subject to the following:
A list of terms and definitions that are used within this contract and proposal, and also may be useful during our working relationship with Client, is located in Appendix A.
The Client is engaging Dynamic Support Services for the specific project of developing and / or improving a website to be installed on the Client’s web space on a web hosting service’s computer. The Client hereby authorizes Dynamic Support Services to access this account, and authorizes the web hosting service to provide Dynamic Support Services with a LAMP stack (i.e. a server configuration utilizing the Linux operating system), “write permission” for the Client’s webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The Client agrees to select a service provider, that meets compatibility requirements for the Automatic WordPress Backup plugin, which allows Dynamic Support Services full access to the Web site and a cgi-bin directory via FTP.
The Client agrees to reimburse Dynamic Support Services for any Client-requested expenses necessary for the completion of the website not mentioned in this proposal contract. Examples would be:
- Purchase of premium WordPress themes at the Client’s request.
- Purchase of specific fonts at the Client’s request.
- Purchase of specific photography or equipment at the Client’s request.
- Purchase of specific software at the Client’s request.
Dynamic Support Services will work expeditiously with the Client to complete the project in a timely fashion. We agree to work to complete the project no later than 30 business days from the date of the contract.
By agreeing to this contract, the Client acknowledges that this is the only specification for this web development project. Clients who anticipate frequently changing the look of their web site during the design process and Clients who desire to be intricately involved in the design of each page are encouraged to negotiate an additional agreement.
Dynamic Support Services cannot accept responsibility for any alterations made by third parties to the client’s website before or after launch. Such alterations include, but are not limited to, additions, modifications, or deletions.
If paying by check, note that work will not commence until funds have cleared and you agree that should your bank return your check for any reason, you will be liable for any additional fees incurred by Dynamic Support Services. All payments will be made in U.S. funds.
During website’s initial creation, website will be produced on a staging site on Dynamic Support Services’ private web host. Website will be completed on this staging site and migrated to Client’s host in order to complete other project deliverables. Upon completion of all project deliverables, final payment will be invoiced to Client. Access to website’s administration will be provided to Client upon receipt of final payment. Failure to remit final payment may result in delay of this authorization. Dynamic Support Services is not responsible for this delay involving receipt of final payment. Dynamic Support Services is not responsible for project delays involving revocation by Client of necessary authorizations as described above.
Website content is expected to be provided by Client in a timely fashion to Dynamic Support Services. Requests for additional copy changes or styling of content may require additional hours not covered in original proposal. Client agrees that all content submissions to Dynamic Support Services for this project will be digitally submitted to Dynamic Support Services at least five business days before project completion date.
This agreement may be amended or modified if the amendment is made in writing and signed by both parties.
WordPress Maintenance Plan
These updates include, but are not limited to text changes, picture and graphic changes, adding necessary script or website applications. Client agrees to allow the developer passwords and access with “read/write permission” to the client’s web site, store, server, file directory, cgi-bin directory, or any other directories or programs or sites which need to be accessed for maintenance and control including if needed domain management.
What is included in the WordPress Maintenance Plan is;
- Support with content updates
- Simple and complex formatting, including tables and multiple column layouts
- HTML and CSS support
- Image manipulation optimization and integration
- Page and menu management
- User and settings administration
- Integrating rich media (including video and sound)
- File management and file integration (including linking and downloading)
- Plugin and Widget integration
- Updating WP and plugins
The scope of this contract does not include the following;
- Re-design of site –the scope of this contract is limited to maintenance and does not allow for complete or partial redesign of existing site.
- Graphic Design, copywriting, complex technical support and custom development including programming and database work are not included in the Support Plans but can be purchased separately.
- Marketing Planning and strategies
Maintenance Terms
For all maintenance plans or options, the client understands the term of the contract to be month to month (minimum 3 months), automatically renewable every month unless a written cancellation has been provided to Dynamic Support Services thirty (30) days in advance of the then active term expiration date.
Maintenance Plans will be paid in full for the month for the amount agreed upon by the client. Client will be billed for total contract hours regardless of actual hours used. Hours of contract do not roll over into the next month, or cannot be pulled from the month ahead. Any additional hours over the contract hours will be billed at the current regular hourly rate.
Dynamic Support Services reserves the right to terminate this contract at any time for any reason without any prior knowledge and will do so in writing by electronic mail and/or postal letter to the client.
This agreement includes ensuring of the health of website, database, and other software or programs installed on client’s website. If the client or any third party other than developer or approved subcontractors attempts to access or accesses the server, or website and makes changes to the website, database, server or software or scripts on client website; time to repair and/or restore the website, databases or any other script on the clients website will be billed at the current hourly rate and is not included in the maintenance plan.
The Monthly Maintenance Agreement commences upon the date the client signs this contract is in full effect each month.
Payment of Fees
Maintenance fees to Dynamic Support Services are due and payable on the following schedule:
Once every month, and if not cancelled by client with a 30 day written notice the contract will automatically renew.
All payments will be made in US funds only. If for any reason a payment is late, there will be a 5% late fee added and no maintenance performed for that month until payment is made. If payment is not received within 15 days, the client will be in default of maintenance contract and full payment will be required before any further maintenance can be done.
Refunds
If you notify us, in writing within 3 business days from the date of purchasing that you wish to cancel, then we will refund you the total amount you have paid minus set up fee if work has already commenced. After 3 business days all fees are nonrefundable.
Assignment of Project
Dynamic Support Services reserves the right to assign contractors and/or subcontractors to any project to insure the right fit for the job, on time completion or any other reason deemed necessary by developer. Developer agrees to only use professional assistance when needed.
Legal Terms
Dynamic Support Services does not warrant that the functions contained in these web pages or the Internet website, shopping cart, merchant accounts, databases or any other component, software or hardware or service will meet the client’s requirements or that the operation of the web pages and website or any other component or service will be uninterrupted or error-free.
The entire risk as to the quality and performance of the web pages and website or any other component or service is with client. In no event will developer be liable to the client and/or clients customers or vendors or any affiliates 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 web pages or website or services, even if developer 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.
Warranties and Liability
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or Dynamic Support Services. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold harmless Dynamic Support Services from any claim resulting from the Client’s publication of material or use of those materials.
The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
It is also understood that the “Developer” will not publish information over the Internet which may be used by another party to harm another. Dynamic Support Services does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free.
Dynamic Support Services is not to be held responsible for occasional downtime of email or web site due to line interruptions and/or other instances beyond Dynamic Support Services control.
Indemnification
Client agrees that it shall defend, indemnify, save and hold Dynamic Support Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Dynamic Support Services ‘s development of the Client’s web site.
This includes Liabilities asserted against Dynamic Support Services, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless Dynamic Support Services against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
Package Agreement
The client agrees and understands that they are accepting the following agreement and has read the terms and does fully understand the terms to the package accepted herein.