Policy / Terms / Guarantee:
Our desire is to completely satisfy the Client. One way to do this is to make certain that we understand each other. These are the terms of our agreement together:
1. Invoice. The included invoice details the cost of the project based on the work to be completed. This is a per project cost structure, and the Client will not have additional charges for work that is included in the below invoice. Additional work/charges must be authorized by a change of work order.
2. Work Flow. To complete the project in a professional and timely manner, the Client and Massive Social Media LLC agree on the below work flow.
Phase 1) Consultation
Free consultation over the phone or at our office
After consultation, a free estimate will be provided
If the estimate is accepted, we will enter into a discovery phase
Phase 2) Discovery
First initial meeting (billable time that will be added to the initial invoice at the hourly rate of $75)
Go over detailed questionnaires
Break down each page's functionality and what each page will look like
Create official invoice
Client can make 50% payment on invoices under $5,000 to move forward
Other payment plans must be clearly identified (e.g. payment 1 covers file upload and general template design, payment 2 covers e-commerce functionality, etc.)
Massive Social Media and client sign-off on with the invoice and "Massive Social Media, LLC. - Web Development Contract"
Phase 3) The Build
Schedule initial review based on size of project
Client must provide edits within 5 business days of initial review
Schedule second review
Initial edits will be completed
Second review and final payment from Client
Final edits must be provided by Client within 5 business days
Best efforts will be put forth to have final edits completed on or before completion date
3. Authorization. The above-named Client is engaging Massive Social Media, LLC., a Florida corporation, as an independent contractor for the specific project of developing and/or improving a website. The Client hereby authorizes Massive Social Media, Inc. to access and update this account.
4. Revisions. The Client is allowed three revisions. Revisions must be submitted in written form via email or by direct meeting at the Massive Social Media, LLC. office. All additional revisions are not included and will be billed on a separate invoice at the hourly rate of $75.
5. Changes to Submitted Text. Please send us your final text. Time required to make substantial changes to Client-submitted text after the web pages have been constructed will be additional, and billed at the hourly rate of $75.
6. Completion Date. Massive Social Media, LLC. and the Client must work together to complete the website in a timely manner dependent on the complexity of the project.
If the Client has not submitted complete text and graphics that they are responsible for 5 business days before the completion date of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is completed.
7. Limited Warranty. Massive Social Media, LLC. does not warrant that the functions contained in these web pages or the Internet website will be uninterrupted or error-free. In no event will Massive Social Media, LLC. be liable to the client 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. 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.
8. Thirty Day Maintenance Guarantee. Massive Social Media, LLC. will design the website from your furnished materials and post the site to a testing area for you to view and request final editing changes. After final edits are reviewed and approved, the website will be published under your domain name (url).
This agreement includes minor web page maintenance to regular web pages (not store product pages) over a thirty-day period, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the Client or an agent other than Massive Social Media, LLC. attempts updating the Client's pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the thirty-day maintenance period updating agreement.
Any future edits and site maintenance after the initial thirty-day period can be provided at the hourly rate of $75/hour.
9. Copyrights and Trademarks. The Client represents to Massive Social Media and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Massive Social Media, LLC. for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Massive Social Media, LLC. from any claim or suit arising from the use of such elements furnished by the client.
10. Copyright to Web Pages. Copyright to the finished assembled work of web pages produced by Massive Social Media, LLC. is owned by the Client upon final payment of this contract. The Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Massive Social Media, LLC. retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.
11. Delinquent Payment. In order for Massive Social Media, LLC. to remain in business, payments must be made promptly. Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 1.5% penalty will be added for each month of delinquency. Massive Social Media, LLC. reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Massive Social Media, LLC. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Miami-Dade County, Florida, and any dispute will be litigated or arbitrated in Miami, Florida. Please pay on time.
12. Sole Agreement. The agreement contained in this Massive Social Media, LLC. - Web Development Contract constitutes the sole agreement between Final Web Design, Inc. and the Client regarding this website. Any additional work not specified in this contract must be authorized by a written change of work order. All prices specified in this contract will be honored for thirty (30) days after both parties sign this contract. Continued services after that time will require a new agreement.
13. Payment and Refund Policy. After final payment, Massive Social Media, LLC. will complete edits requested from the second review of the project.
If the Client halts work and applies by registered letter for a refund within 30 days to Final Web Design, work completed shall be billed at the hourly rate of $75, and deducted from the initial payment, the balance of which shall be returned to the Client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the Client shall be liable to pay for all work completed at the hourly rate of $75. No portion of this initial payment will be refunded unless written application is made within 30 days.