TERMS OF SERVICE AND PRIVACY POLICY

 

IMPORTANT - Invoice Terms: Payment is due on receipt of invoice unless an alternate payment agreement has been approved prior to services being rendered. Past due invoices accrue interest of 8% after 7 days from the date of invoice and 14% after 14 days. Invoices remaining unpaid at 21 days are subject to immediate termination of services and possible legal action. Please contact Wirebird Media if you have any questions about our billing policy prior to services being rendered.

 


General Terms for Web Development Agreements

Web Change Orders / Additional Content

 

Often additional ideas or concerns about your business website and/or additional functionality will arise during the development process - this might include additional pages, blog entries, frequently asked questions, media/documents, etc. Developer supports and encourages this content to be created and added to your website!

 

[Websites are central and crucial components of a business’s marketing plan and as such SHOULD always be changing and evolving. I encourage a very hands-on approach to managing your site content and I want you to be invested in and interact with your website, even during the development process. If you have a thought or idea, let me know! I will do my best to incorporate it if possible or will let you know if it will require a change order. I just ask that any additions do not hold up the development process so I can deliver your site in a timely manner.]

 

Unplanned components, ideas, revisions, and project scope changes happen; should an unexpected complication (with your existing site content, hosting, content or plugins carried over from the existing site - if applicable - or added during the development process) that will incur a cost, and/or should a major project scope shift or additional functionality arise, Developer will notify Client and will not commence work unless clear approval for increased budget/timeline is received from Client. Larger changes may require that the Client to approve and sign a Change Order which may include an additional deposit prior to commencing work.

 

Please note: payment must not be withheld due to additional content or any extensions of the delivery deadline that may occur due to additional content or change orders. Final payment is due when the Developer deems the site to be complete based on the scope outlined in this document and after the Review Date specified above.

Delivery Estimate & Expectations of Client

 

Delivery estimates are dependent upon the expectation that Client will provide Developer all media files needed to complete Services, including but not limited to text, logos/graphics, photos, and any other media in a timely manner. Missing, unsuitable or unusable media files may extend the delivery date if new media is required to complete the project. Stock imagery may be used as placeholders, if necessary, and would need to be licensed for permanent use. Please see Trademark & Copyright information below as it relates to Client provided media.

Web Development Standards & Developer Credits

 

All services described herein are to be performed by Developer in accordance with the most commonly accepted standards and practices of the Web Services Industry. Developer will use universally accepted website design technologies to satisfy the broadest market possible - meaning web pages affected by Services rendered will look and act the same on over 95% of all common web browsers in use at any given time.

 

For a minimum of 2 years beginning from the date the site is made live, and as long as Client is still using the website created by Developer, Client agrees to allow Developer and Project Manager to jointly claim credit for Services rendered by posting a link, visible to search engines, to Developer’s website on Client’s Site and in author meta tags of Client’s Site. Developer may request or undertake immediate removal of such link at any time should Client not maintain the site properly. Example of footer credit: Copyright 2017 @ CLIENT All Rights Reserved. Website by Wirebird Media

Trademarks & Copyrights / Terms and Conditions & Privacy Policy

 

Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Developer for inclusion in web pages are owned by the Client, or Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Developer from any claim or suit arising from the use of such elements furnished by the Client. Client agrees to review the necessity and content of any Terms & Conditions and Privacy Policy pages with their legal council, if applicable. Client assumes any and all liability for the content therein and agrees to maintain such pages to ensure ongoing legal compliance. Developer is not responsible for the content therein and does not assume any liability from Client or any third party.

 

Warranties & Liability

 

Developer does not warrant the functions of Client’s Site will meet Client's expectations of traffic or resulting business. In no event will the Developer be liable to Client or any third party for any damages, including any anticipated or lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate Client’s Site or pages.

 

Agreement

 

The terms and conditions set forth in the Agreement constitute the sole Agreement between Developer and the Client regarding Client’s Site. Any additional work not specified above must be authorized by both original parties in writing (email is considered writing) in advance. Any additional services, changes, or modifications not specified in this proposal will be charged the then current hourly rate.

 

If Agreement is cancelled before work is finished or site is made live on domain, Client forfeits any payments made and may be held liable for breach of contract including immediate payment of any outstanding project fees plus a 15% project abandonment fee and any associated legal costs incurred. This Agreement shall be governed and construed in accordance with the laws of the State of Oregon and Deschutes County, Oregon. The undersigned hereby agree to the terms, conditions and stipulations of this Agreement on behalf of his or her organization. This Agreement constitutes the entire understanding of the parties.