Terms & Conditions
Terms & ConditionsThe following terms and conditions apply to all website development/design services provided by AD-IOS Digital Marketing Co. to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by AD-IOS Digital Marketing Co. are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. AD-IOS Digital Marketing Co. reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. A second charge of fifty (50) percent is required after the development stage (demo) for the site to ever be released live to the servers.
3. Client Review
AD-IOS Digital Marketing Co. will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies AD-IOS Digital Marketing Co. otherwise within seven (7) days of the date the materials are made available to the Client. Within this 7 day window, AD-IOS Digital Marketing Co. will allow up to 10 hours of modifications to be made to be absorbed into the original cost of the project. Work beyond this scope will be presented to the client as additional project expense estimates.
4. Turnaround Time and Content Control
AD-IOS Digital Marketing Co. will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon AD-IOS Digital Marketing Co. receiving initial payment, unless a delay is specifically requested by the Client and agreed by AD-IOS Digital Marketing Co. . In return, the Client agrees to delegate a single individual as a primary contact to aid AD-IOS Digital Marketing Co. with progressing the commission in a satisfactory and expedient manner. During the project, AD-IOS Digital Marketing Co. will require the Client to provide website content; text, images, movies, and sound files. Our basic website builds include a maximum amount of development hours of 60. After these hours have been utilized the client will be charged an hourly rate of $75 for continued development.
5. Failure to provide required website content:AD-IOS Digital Marketing Co. is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimization, we need the text content for your site in advance (or indication we need to create) so that the SEO can be planned and completed efficiently. If you agree to provide us with the required information and subsequently fail to do within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this. Using our content management system, you are able to keep your content up to date yourself.
Invoices will be provided by AD-IOS Digital Marketing Co. upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse AD-IOS Digital Marketing Co. for any additional expenses necessary for the completion of the work (unless otherwise specified). Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
AD-IOS Digital Marketing Co. makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that AD-IOS Digital Marketing Co. cannot guarantee correct functionality with all browser software across different operating systems. AD-IOS Digital Marketing Co. cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, AD-IOS Digital Marketing Co. reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on AD-IOS Digital Marketing Co. ‘s Web space, AD-IOS Digital Marketing Co. will, at its discretion, remove all such material from its web space. AD-IOS Digital Marketing Co. is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay AD-IOS Digital Marketing Co. reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by AD-IOS Digital Marketing Co. in enforcing these Terms and Conditions.
10. Termination-Site Transfer
Termination of services by the Client must be requested in a written notice and will be effective on receipt ofsuch notice. E-mail or telephone requests for termination of services will not be honored until and unlessconfirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days. If a site transfer is desired, it will be the Client’s full responsibility for the transfer of the website and its assets. AD-IOS Digital Marketing Co. takes no responsibility for any lack of functionality or design when we are not hosting the site.
All AD-IOS Digital Marketing Co. services may be used for lawful purposes only. You agree to indemnify and hold AD-IOS Digital Marketing Co. harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants AD-IOS Digital Marketing Co. the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting AD-IOS Digital Marketing Co. permission and rights for use of the same and agrees to indemnify and hold harmless AD-IOS Digital Marketing Co. from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to AD-IOS Digital Marketing Co. that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high-quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by AD-IOS Digital Marketing Co. to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to AD-IOS Digital Marketing Co. will appear in either small type or by a small graphic at the bottom of the Client’s website (typically “Powered By AD-IOS”). If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in AD-IOS Digital Marketing Co.‘s portfolio.
15. Access Requirements
If the Client’s nameservers are third-party servers, AD-IOS Digital Marketing Co. must be granted access to the Client’s registrar account. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
AD-IOS Digital Marketing Co. cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
AD-IOS Digital Marketing Co. may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of AD-IOS Digital Marketing Co. . The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by United States and Kentucky Law.
AD-IOS Digital Marketing Co. hereby excludes itself, its Employees and or Agents from all and any liability from:
• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
• Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of AD-IOS Digital Marketing Co. to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
21. ADA Compliance
The regulations that are involved are WCAG 2.1, ADA, Section 508, AODA, EN 301549 and IS 5568. Our sites are ADA compliant but NOT CERTIFIED. If you require this we can provide it through a 3rd party company for an annual fee.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,