Terms of Service - Website Design and Digital Marketing

POLICIES AND TERMS OF SERVICE

LAUNCH Web Design & Marketing, LLC Terms of Service & Policies

PRIVACY POLICY

LAUNCH Web Design & Marketing, LLC will never share your information with third parties unless required to do so by law or requested by you. The information collected will be used to maintain services with LAUNCH Web Design & Marketing, LLC and to represent the quality of our work to others, such as in LAUNCH Web Design & Marketing, LLC online portfolio. You can read more about our privacy policy by clicking here.

BUSINESS HOURS

LAUNCH Web Design & Marketing, LLC business hours are Monday – Friday, 9:30am – 4:30pm, and closed all major holidays. We are available outside of business hours by appointment only. We respond to all phone or email requests within two business days. We respond to all emergencies (i.e. your website is down, etc) within 24 hours or less. Note: If responding to a website (or other project) emergency after business hours (this includes weekends), our “after hours” hourly rate will apply. “After hours” times are considered to be before 9:00am, after 5:00pm, and weekends or holidays.

HOURLY RATE

The majority of our projects are based on one flat rate. However, clients will be billed at our hourly rate for any work performed outside of original project scope or if needing a response after business hours (this includes the weekend). Our “After Hours” rate is 2x the hourly rate outlined in contract.

OWNERSHIP OF WEBSITE DESIGN BY LAUNCH WEB DESIGN & MARKETING, LLC OR ITS SUBCONTRACTORS

Upon completion of custom website design and full payment of web design and development fees, the client is the owner of the commissioned website. The client may continue to use the commissioned website to promote the client’s company or organization regardless of whether he/she chooses to continue further services with LAUNCH Web Design & Marketing, LLC. The client does not have the right to resell the design or development to other companies. The client does have the right to add pages onto the existing site or have another company add pages onto the existing site using the commissioned website design/development. The client does not have permission to reuse pieces of our work in a redesigned website that gives another company design credit.

OWNERSHIP OF MOBILE APPLICATION, GRAPHIC DESIGN, AND ANYTHING ELSE CREATED OR DESIGNED BY LAUNCH WEB DESIGN & MARKETING, LLC OR ITS SUBCONTRACTORS

Upon completion of commissioned project and full payment of project fees, the client is the owner of the commissioned material such as: mobile application, graphic design, photography, video, etc. The client may continue to use the commissioned material to promote the client’s company or organization regardless of whether he/she chooses to continue further services with LAUNCH Web Design & Marketing, LLC. The client does not have the right to resell the design or development to other companies or give another company credit for our work.

OWNERSHIP OF WEBSITE DOMAIN NAME

Website domain names are leased from domain name registration companies. When LAUNCH Web Design & Marketing, LLC registers a domain name for a client, that registration will be made in the client’s name (unless website is being hosted by LAUNCH Web Design & Marketing, LLC). Upon full payment of any outstanding fees, the client has the right to use that domain name regardless of whether he/she chooses to continue further services with LAUNCH Web Design & Marketing, LLC. Domain name renewal and renewal fees are 100% the responsibility of the client. If the client chooses to have LAUNCH Web Design & Marketing, LLC renew the domain name on behalf of the client, an additional service fee may apply. Additionally, when LAUNCH Web Design & Marketing, LLC registers or renews a domain name on client’s behalf, the purchase of domain privacy protection is required. If client wishes to transfer domain names from LAUNCH Web Design & Marketing, LLC to a registrar of their choice, a 30-day written notice is required, and it must be received 60-days prior to domain name expiration. Clients are advised to closely monitor the renewal date of a registered domain name and to verify that the renewal of said domain name has been completed. LAUNCH Web Design & Marketing, LLC cannot be responsible for expired domain names.

OWNERSHIP AND COPYRIGHT

All text and photos used as content in a commissioned website must be provided by the client (unless the client has hired LAUNCH Web Design & Marketing, LLC for content development). The client must have ownership or written permission to use all content he/she provides for use. It is up to each client to ensure his/her design and/or content does not infringe on any trademark, service mark, or copyright. LAUNCH Web Design & Marketing, LLC cannot be and is not responsible for intellectual property infringements on behalf of clients. Also, LAUNCH Web Design & Marketing, LLC cannot be and is not responsible for submitted content. Clients should not mail irreplaceable photos or documents or send content that must be returned. LAUNCH Web Design & Marketing, LLC will own any intellectual property rights developed prior to, or developed separately from client project and not paid for by client. LAUNCH Web Design & Marketing, LLC will own the unique combination of these elements that constitutes a complete design and LAUNCH Web Design & Marketing, LLC will license its use to clients, exclusively and in perpetuity for specific projects only, unless LAUNCH Web Design & Marketing, LLC agree otherwise.

PROJECT INITIATION

The initiation of a web design or development project requires a signed or electronically submitted signed project Contract, payment of half of the initial web design/development fees (or payment in full if the entire project is $1,000 or less), plus the client logo and/or any other web content that is required to be used in the design (web content is the textual, visual or auditory content that is encountered as part of the user experience on websites).

DEVELOPMENT AND DELIVERY

LAUNCH Web Design & Marketing, LLC understands the importance of completing projects in a timely manner. We agree to complete the web design project within allotted time outlined in contract. If the client does not supply LAUNCH Web Design & Marketing, LLC with complete text, graphic content, and other requested materials within 60 days of contract signing, the contract becomes void and no refund will be issued.

NON-COMMUNICATION

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. Client will also be billed for any charges previously unpaid.

PROJECT TIMELINESS REQUIREMENTS FOR CLIENTS

Projects can be hindered if the client does not provide feedback or required elements in a timely manner, such as feedback on a design mockup, requested sitemaps, text to be used as content on the web pages, images for either the design or for the content, the client’s logo, appropriate account login information, etc. For that reason, if LAUNCH Web Design & Marketing, LLC is waiting for content or other pieces of information, the client will be notified. If the client fails to handle the requests within ten business days, then LAUNCH Web Design & Marketing, LLC will take any or all of the following steps to keep the project moving forward in a timely manner:

MOCKUP FEEDBACK – If the client does not give feedback on the design mockup within ten business days, by default, the mockup is approved. Later, if the client wishes to change the design, additional charges may apply.

SITEMAPS OR PAGE NAMES – If the client fails to provide the requested list of web pages within ten business days, by default, LAUNCH Web Design & Marketing, LLC will assign page names. If the client later wishes to change these page names, additional charges may apply.

CLIENT LOGO – If the client fails to provide a copy of an existing logo within ten business days, a substitute logo or company name graphic may be used. If the client later wishes to change the substitute logo or company name graphic, additional charges may apply.

PHOTO TO USE IN DESIGN – If the client has requested the design include a particular photo, and the client fails to provide the required photo within ten business days, a substitute photo may be used. If the client later wishes to change the substitute photo additional charges may apply.

TEXT AND OPTIONAL IMAGES FOR WEB PAGES – Unless a LAUNCH Web Design & Marketing, LLC writer has been hired to write content, it is the client’s responsibility to provide content for all pages in the website. If the client provides all text (and optional photos) within ten business days, then LAUNCH Web Design & Marketing, LLC will add that content to the website. If the client fails to provide content for those pages within ten business days, then LAUNCH Web Design & Marketing, LLC will complete those pages with simple placeholder text such as, “ABC Client offers many XYZ Services. For more information, please contact ABC Client.” The client will have the ability to add more complete content later using the content management system (CMS), if applicable.

OTHER ELEMENTS OR ADMINISTRATIVE DUTIES – There may be other elements required such as passwords for existing domain names, etc. Regardless of what element may be required, if the client cannot or will not provide the required element or information within ten business days, LAUNCH Web Design & Marketing, LLC reserves the right to make substitutions, leave elements out, or take other actions in order to complete the project.

ANY OTHER DELAYS – If more than 60 days have passed and there has been no communication from the client, LAUNCH Web Design & Marketing, LLC will consider the project complete in its entirety and bill for the completed project.

HOW CONTENT MAY BE SUBMITTED

All content must be submitted electronically via email (contact us for the correct email address). Text must be selectable as actual text rather than as flattened images. Both text and photos/graphics must be clearly labeled with the name of the page on which it will be displayed. Content may not be submitted via fax or paper copies. Exceptions to this policy must be approved in advance and may incur a surcharge.

HOW REVISIONS TO A WEBSITE DESIGN ARE HANDLED

LAUNCH Web Design & Marketing, LLC will either create a design mockup or present a rough draft of website for Client approval. The web design mockup describes the look a commissioned web design project will achieve. Design preferences, such as the look of the site, the color scheme, the functionality, etc., should be specified at that time, prior to approval and commencement of any online development or further online development. If the client changes his/her mind after the completion of the work, adjustments will be made by the hourly rate outlined in contract.

DESIGNS FOR SUB PAGES

Unless otherwise specified in the design contract, subpages of any website will use the same design as the home page. Mockups are not provided for sub pages. Formatting requests for sub pages will be considered but will not be guaranteed. If the client requires specific looks or formatting for sub pages, this request should be made at the time of the initial contract and may incur additional fees.

WEBSITE COMPATIBILITY

LAUNCH Web Design & Marketing, LLC can only guarantee website compatibility with the most recent version of browsers (browsers include Internet Explorer, Mozilla Firefox, Safari, and Chrome). We do not provide any website compatibility support for outdated browsers.

Please note browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

WEBSITE SUPPORT

Once final payment is made on website, and website has been handed over to client (including applicable passwords and website login information), we only provide limited tech support for up to three business days. We do advise clients to contact us before making any significant changes to website. These changes include, but are not limited to: updating website template version, updating website plugins, updating FTP files, modifying any settings in website or c-Panel of hosting account, updating payment gateway settings, and changing database settings. LAUNCH Web Design & Marketing, LLC is not responsible and cannot be held accountable for any website revisions performed by client that negatively impacts the website design, security, performance or SEO.

HOW WEBSITE UPDATE REQUESTS/MAINTENANCE REQUESTS ARE HANDLED

Clients on a LAUNCH Web Design & Marketing, LLC web maintenance plan receive a reduced hourly rate for website maintenance performed. Website update requests may be sent via email (contact us for the correct email address). Routine maintenance that fits into the allotted time specified in the client’s maintenance plan is typically completed in three to four business days. If a client on a website maintenance plan requests more than the scheduled amount of maintenance, he/she will be given a quote and, if approved, the additional work will be completed and the turnaround time will be based on current workload. Clients who are not on a LAUNCH Web Design & Marketing,LLC maintenance plan may request website updates at the full hourly rate and the turnaround time will be based on current workload. Monthly maintenance plan fees are separate from hosting fees and may be cancelled at any time.

LIMITED LIABILITY REGARDING WORDPRESS’ OPEN SOURCE STATUS

WordPress is an open source software meaning we are not responsible for the development of its core files. While rare, it is entirely possible that bugs, security flaws, and compatibility issues – which are out of our control – may arise with future releases of WordPress.

PAYMENT POLICIES & PROJECT FEES

One-half of the initial website design and development fee is due upon project initiation. Upon project completion, the remaining balance is due in full immediately. Depending on project size or timeline, a third or fourth payment midway through project may be required.

NO PORTION OF INITIAL PAYMENT (“DEPOSIT”) WILL BE REFUNDED UNLESS WRITTEN APPLICATION IS MADE WITHIN 7 DAYS OF SIGNING CONTRACT. IF THIRD-PARTY SERVICES HAVE BEEN PURCHASED (SUCH AS WEBSITE HOSTING), CLIENT WILL STILL BE RESPONSIBLE FOR THIS COST. CLIENT IS ALSO FINANCIALLY RESPONSIBLE FOR ANY WORK DONE DURING THIS 7-DAY PERIOD.

AFTER 7 DAYS, IF CLIENT DECIDES TO CANCEL PROJECT, AND APPLY FUNDS TO A NEW PROJECT, A $250 ADMINISTRATIVE FEE WILL APPLY PLUS CLIENT WILL BE RESPONSIBLE FOR THE COST OF ANY WORK ALREADY PERFORMED ON ORIGINAL PROJECT. IF CLIENT DOES NOT APPLY FUNDS TO A NEW PROJECT WITHIN 90 DAYS, THE REMAINING MONIES WILL BE FORFEITED.

GOING LIVE – Once the remaining balance is paid in full, the completed website will be moved from the staging server to the client’s server so the website will go live.

LATE FEES – Final payment must be made on or before due date (by default, within ten business days from issued invoice date). Late Fees: After due date an additional 5% of total outstanding balance will be added to the sum due for every 10 days of delinquency. Payment not received within 30 days of due date will be considered a closed account, thus nullifying the work agreement, entitling the client to no Rights to said work(s) and no refunds. Balances that are not paid within 30 days will be reported to a credit bureau. Balances that are not paid within 60 days will be turned over to a collections agency.

MONTHLY FEES – Payment for monthly Maintenance is due by the first of each month of service. LAUNCH Web Design & Marketing, LLC charges a late fee of 5% of the total outstanding balance for invoices not paid by net 10. Delinquent accounts at net 45 are at risk of termination.

OTHER FEES– If the project exceeds the project timeline outlined in contract by more than 35-days, Client will be billed for an additional 25% or more of remaining project cost depending on the specific circumstances and/or agreement in Client contract. If Client has not provided feedback within 35 days of submitting a draft of website, another 10%–25% of project cost will be due at that time. If Client has not provided feedback within 35 days of submitting the final version of website for approval, 100% of the remaining balance will be due, and any additional changes to website (or commissioned project) will be done at the hourly rate outlined in contract. A copy of website (or project) files and database will be sent to Client after final payment.

RETURNED CHECKS – If a Client’s check is returned from bank for insufficient funds, we charge a $25 administrative fee plus any applicable bank fees. If a Client’s check is returned more than once for insufficient funds, we will no longer accept checks as a payment option.

CREDIT OR DEBIT CARD – All credit or debit card transactions have a service fee of up to 2.9% of total charge.

BILLING ERRORS

If a billing error is noticed, the client should immediately contact LAUNCH Web Design & Marketing, LLC. Refunds of overpayments will be made for up to a maximum of three months, so clients are urged to check billing statements regularly. Refunds of more than three months will not be processed. Additionally, LAUNCH Web Design & Marketing, LLC reserves the right to bill clients for accidental undercharges for a maximum of up to three months.

LICENSE OF RIGHTS/COPYRIGHT

Subject to Designer’s portfolio rights below, Designer grants to the Client the exclusive, perpetual and worldwide rights to reproduce, display, distribute, and create derivative works based on, the selected final design in all media. All preliminary, unused, and in-progress artwork remains the property of the Designer and no rights to use such preliminary works are granted here under. Under U.S. Copyright law, Designer retains all copyright in and to the preliminary works and the final design.

PORTFOLIO RIGHTS

Designer retains the nonexclusive, perpetual and worldwide right to display, reproduce and distribute the designs in Designer’s portfolio and website, and third party trade publications or exhibits, solely for the purpose of promoting or exemplifying Designer’s work, and the right to be credited with copyright ownership and authorship of the designs in connection with such use.

SEARCH ENGINE OPTIMIZATION

Fee(s) must be received prior to the start of any SEO Services.

NO PORTION OF INITIAL PAYMENT WILL BE REFUNDED UNLESS WRITTEN APPLICATION IS MADE WITHIN 7 DAYS OF SIGNING CONTRACT. IF THIRD-PARTY SERVICES HAVE BEEN PURCHASED, CLIENT WILL STILL BE RESPONSIBLE FOR THIS COST. CLIENT IS ALSO FINANCIALLY RESPONSIBLE FOR ANY WORK DONE DURING THIS 7-DAY PERIOD.

LAUNCH Web Design & Marketing, LLC has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. Client site may be excluded from any directory at any time at the sole discretion of the search engine or directory. When possible, we will resubmit those pages that have been dropped from the index (complimentary resubmission on our part expires 6 months after project is complete).

Some search engines and directories may take as long as 1 to 6 months to list Client site.

LAUNCH Web Design & Marketing, LLC is not responsible for Client overwriting SEO work done to Client’s site.

QUALITY GUARANTEE

We take pride in offering high quality services and professional customer service. While we make an effort to ensure every aspect of our service is to the client’s liking, we cannot control every variable. It is up to each client to regularly test the functionality of his/her website and any other product or service to ensure everything works as desired. If any problem is discovered or error has been made, please report the problem to us immediately so we may take appropriate action. We cannot be and are not responsible for any perceived loss of revenue under any circumstances. Changes resulting from a client’s error and/or problems related to third party vendors or technology, such as hosting servers or browser software may result in additional charges.

After project is complete, LAUNCH Web Design & Marketing, LLC is not responsible for any edits, updates, or changes performed by client or someone on client’s behalf that inadvertently negatively impact website, design collateral, or anything else originally designed or created by LAUNCH.

THIRD PARTY VENDORS

Third party vendors may have separate terms of service agreements. LAUNCH Web Design & Marketing, LLC cannot be held liable for disputes with third party vendors, regardless of whether or not the service is part of a reseller agreement or referral. LAUNCH Web Design & Marketing, LLC cannot be held responsible for lack of functionality or any other aspect of third party services.

TERMINATION OF SERVICES

Either party may terminate the contract at any time through written request. If the client changes his/her mind about doing work with LAUNCH Web Design & Marketing, LLC during the course of the initial web design or development phase, the client will be responsible for the amount of work already completed. Depending on the amount of work completed at the time of cancellation, this may mean owing additional fees. In order to protect clients from unintentional service interruption, clients wishing to terminate any services must request the service termination in writing.

LIABILITY

Services purchased from LAUNCH Web Design & Marketing, LLC are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall LAUNCH Web Design & Marketing, LLC be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, 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 is with the client.

INDEMNIFICATION

If signing a contract with LAUNCH Web Design & Marketing, LLC, Client agrees to indemnify, save and hold harmless LAUNCH Web Design & Marketing, LLC from any and all damages, losses, lawsuits, expenses or costs that might arise as a result of claim or action by a third party. This includes any action that involves hacking or other malicious activity by a third party resulting in damage to a clients website, mobile application, reputation, goodwill or revenue.

COMPLIANCE WITH LAWS

Each party shall comply in all respects with all applicable legal requirements governing the duties, obligations, and business practices of that party and shall obtain any permits or licenses necessary for its operations. Neither party shall take any action in violation of any applicable legal requirement that could result in liability being imposed on the other party.

DISPUTE RESOLUTION

If a dispute arises from or relates to contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties–Client and LAUNCh Web Design & Marketing,LLC– agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

ATTORNEY’S FEES

The non-prevailing party in any dispute under this agreement shall pay all costs and expenses, including expert witness fees and attorneys’ fees, incurred by the prevailing party in resolving such dispute.

SEVERABILITY

If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. If the non-solicitation or non-competition provisions are found to be unreasonable or invalid, these restrictions shall be enforced to the maximum extent valid and enforceable.

REFUSAL OF SERVICE

LAUNCH Web Design & Marketing, LLC reserves the right to decline to do business with any client for any reason.

CHANGES TO TERMS OF SERVICE

LAUNCH Web Design & Marketing, LLC reserves the right to change these terms of service at any time for any reason.