All services provided by NetGifted™ are subject to the following terms and conditions. These policies have been put into place to protect both the client and NetGifted. By hiring us to work on your project, you are agreeing to the terms of service as written here.
The client is responsible for providing accurate and reliable contact information. The client agrees that any email address given for business purposes will be active and understands that the client is responsible for replying to all correspondence sent to that address by NetGifted. Failure to respond in a timely manner may result in a suspension of your account if NetGifted is unable to contact you for a 14 day period using the contact information that you have provided.
Quotes & Contracts
Quotes provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.
Charges & Fees
We require aminimum $200 non-refundable deposit in order to begin work on any Design project, with the remaining balance due when the project is complete, but before it goes live. After the contract is signed and approved before we start any project.
If final payment is not received within 30 days of the completion of service, additional fees will be added. Any check payments that do not clear will be charged a $35 fee.
Development of your Website begins only when the pre-payment is received.
Hours of Operation
Our business hours 9 to 5 PM Eastern Time but we do provide 24/7 customer support if there is an emergency. If you require work after the posted hours, such as on weekends or holidays, you will be charged our base rate of $45 per hour with an additional charge of $10 per hour for after hours assistance
Web Site Design Credit
NetGifted takes great pride in every custom website we create; Therefore, we require that our Design by stamp with a link to our company website remain on our client's websites at all time. Should you choose to no longer be a client of NetGifted, you are required to keep the credit of the design posted clearly on your website as placed by NetGifted. It is our right as the artist of the custom website to receive full credit for the designs we create. Having our name on the sites we design will deter others from copying our work and marketing it as their own. This is non-negotiable.
Copyright to designs and layouts created by NetGifted are not transferred to the client unless it's agreed upon on the Website Proposal or Contract.
Copying images, text or design layouts from other sites is not condoned by NetGifted. We ask that you, our client, only provide us with text, images and products that you own or have expressed written permission to use. Under NO circumstances will NetGifted and it's owners, partners or contracters be held liable for content provided by a client on a client website. As the client, you will pay any and all legal expenses that are a result of lawsuit against NetGifted for graphics, images and/or content which is provided by and used by the client.
Maintenance and Hourly Rate.
This agreement includes minor webpage maintenance for the first days after the website is completed, including updating links and making minor changes to a sentence or paragraph. It does not include drastic maintenance such as removing nearly all the text from a page and replacing it with new text. Please consult our plans to check the amount of included hours of updates.
Changes requested by the client beyond those limits will be billed at the hourly rate of $45, with a one hour minimum per update. If you believe that your website will need to be updated frequently, please contact us for pricing of maintenance packages.
This rate shall also govern additional work authorized beyond the maximums specified above for services such as general internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, photo editing, graphics services, and helping clients learn how to use their own webpage editor. Programming / Scripting charges are billed at the hourly rate of $75, with a one hour minimum per update.
Changes and Additions
Any changes request by you after agreed completion and upload may be subject to additional charges. Additional work requested will be considered as a separate work order. NetGifted is under no obligation to make any additions that do not arrive in writing or arrive without an acknowledgement of charges to be billed.
You must submit a new order form when adding additional pages/features to your web site. Any further revisions in your web site may result in additional charges if it requests anything other than a simple change of contact information or a correction of an error.
NetGifted requires a deposit of $200 on all web design projects before we begin work on any project. Please submit termination of services to us in writing. Should you request a termination of services after we have begun the process of creating your site you would loose the amount of the deposit.
In the event of a cancellation of contract, ownership of all artwork, layouts and development remain copyrighted to NetGifted and will not be transferred to the client.
Because we resell hosting for a larger company, we are unable to offer refunds on hosting, SSL and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs. Please contact us to discuss your options.
Development & Delivery
NetGifted works hard to complete all projects in a timely manner. We will provide you with an estimated time of delivery for your project. However, we do not guarantee deadlines as each project is unique and so is each customer. We will communicate with you during the entire development of your project and provide you with status updates.
Please understand that additional services, revisions to design or development of your site and delays in providing us with the information we require will significantly add to the delivery time.
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued. NetGifted reserves the right to remove web pages from viewing on the internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred by that process.
Our Guarantee to You
NetGifted guarantees to you that every website and ecommerce store we develop will be fully operational and working without glitches, bugs or other errors upon delivery. If your site or ecommerce programming has been edited by anyone other than an employee of NetGifted this guarantee is then voided, and charges for editing the site will be applied at our hourly rate. We will always advise you of and seek permission for changes to your website and the charges that will be applied before any work is completed.
Please note that NetGifted we will not accept projects that we find morally questionable, unethical, or distasteful. Website projects that require viewers to be 18 or older will not be accepted.
Notice: This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec.
Prior to the commencement of work, all projects will be fully scoped and a list of duties created. A contract, or Web Work Agreement, will be drawn accordingly. Should the scope exceed the initial quotation, Simple Site Services will submit a quotation for approval before proceeding.
In some cases we retain the right to issue an additional quote after receiving payment for a logo; i.e. when you request other custom features which are not part of the stated project plan. You'll be advised if this is relevant to your project, and then have the option of accepting or rejecting this additional expense.
Please note that by submitting your down payment for our services you are agreeing to all of our terms of service as written here. NetGifted reserves the right to change or update these terms at any time without prior notice.
Unapproved Third Party Services
Please note that if you start using unapproved developers without previous agreement during development stage we may take such action, as we deem appropriate to deal with the breach, including suspending any future development.
Termination and "On Hold" Policies
You can ask us to put a design "on hold" at any time, then resume its development within two months of your payment. If the client halts work or applies by registered letter for a refund, 50% will be deducted from the initial payment, the balance of which shall be returned to the client in 3 business days after receiving the letter.
Any modifications of this Agreement must be in writing signed by the party or parties to be bound by modifications.
Please note that I am not an attorney. I also do not give advice for any legal matter. Please have your attorney review this document before using it as a legal document. By using this document, or any part of it, you agree not to hold the publishers of this document liable because of errors or any loss on your part. By removing this seal and using this document, you accept all responsibilities for any and all use of this document.