Terms and Conditions  

We are almost there! If you are at this page, it means you have gone through a lot to decide that now is the time, here is the place, and Nick is the guy to do it - so thank you. Before we begin, we need to make sure that the expectations from EACH OTHER are accurate. I have highlighted the things that I think are most important, but feel free to read the whole document if you'd like - it's pretty standard stuff though.

Payment Obligations, Renewals, and Cancellations

  1. Website Development Payment Obligations: A 50% down payment is required in order to begin development of your website, unless an alternative contract or proposal specifies a different amount. The outstanding balance on your website is due after the website is finished: design, navigation and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that Burnt Orange LLC gets paid for performing their duty under the proposal, despite tardy content from the client. After payment, Burnt Orange LLC will still post outstanding content AT NO CHARGE for 3 months. In the event an “under construction” page is posted due to missing content, Burnt Orange LLC will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date. After the three months have expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.

  2. Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. Burnt Orange LLC my elect at its sole discretion to offer a partial refund depending upon the circumstances.

  3. Stock Photography & Video Payment Obligations: Stock photography and video includes most photos and/or images not provided by the client. Stock photography and video purchased on behalf of client for use in website development is billable at a minimum of $10 per picture. This amount is separate from the amount quoted for website design and development. Some pictures and videos are more expensive than $10, in which case we will solicit client approval and communicate the price before purchasing. You can also let us know if you only want to use free stock photography and video, but the quality and availability will be worse.

  4. Description of Ongoing Costs: There are two types of ongoing costs: domain registration and hosting.

    1. Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.amazon.com, so that you can use it for your web-based purposes. Burnt Orange LLC will set this up so it auto renews every year, but the client is responsible that the payment goes through regardless of their credit card, funds, expirations, etc. Domain name registration fees are not refundable.

    2. Hosting: This cost recurs annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. If you want to host your site on another server this must be disclosed before we begin programming. Burnt Orange LLC will set this up so it auto renews every year, but the client is responsible that the payment goes through regardless of their credit card, funds, expirations, etc.

    3. Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Burnt Orange LLC fifteen (15) days before the renewal date that you do not wish to renew the account.

    4. Hosting Cancellation Payment Obligations: Cancelation will depend on the host we have chosen appropriate for your website. This is not a decision that Burnt Orange LLC makes.

    5. Sites NOT Hosted by Burnt Orange LLC: Should client decide to host their site on another server, Burnt Orange LLC cannot guarantee the all elements of the site will work. Burnt Orange LLC will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Burnt Orange LLC believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding.

  5. Website Maintenance: There are no required maintenance fees other than domain registration and hosting. Most people do some maintenance work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System, or installing a blog. For work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.

  6. Website Maintenance Payment Obligations: Depending upon the nature of the website changes, prepayment may be required. Should the client be invoiced after the changes are completed, the invoice is due upon receipt. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $35 reposting fee added to the outstanding maintenance invoice balance.

Development Process

  1. Homepage Design: Once the site design is approved by the client, usually via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.

  2. Navigation: Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.

  3. Content: Provision of content is customer’s responsibility, unless specifically negotiated ahead of time as part of the project proposal.

    • Text content – Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.

    • Copy development – Should client wish Burnt Orange LLC to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via Burnt Orange LLC interviewing the client about the topic areas to be addressed on their web pages. Burnt Orange LLC, and their contracted personnel, then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.

    • Graphical content – Images and videos outside of the website design must be provided in digital form, unless otherwise provided for in customer’s contract. Subsequent revisions will be billable at our regular hourly rate.

  4. Email: Burnt Orange LLC takes no responsibility for setting up and troubleshooting email problems from previous accounts/domains.

  5. Training: For websites with administrative control panels or content management systems, two (2) one-hour training sessions will be provided if needed. Additional training hours can be purchased at our standard hourly rate.

  6. Technical Support: We offer local and long-distance phone support to our clients. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If Burnt Orange LLC is not the source of the problem, technical support may be billable.

Websites with Proprietary Source Code

Should client contract with Burnt Orange LLC to write custom code for a website application, this code is not transferable to a new developer or host.  Custom written source code is considered the property of Burnt Orange LLC and cannot be shared with other developers. Burnt Orange LLC Web Development retains ownership of the code.  In some cases, Burnt Orange LLC will install software for the client’s use that has been built by a third party. Examples include WordPress blog software, FCK editor software, shopping carts, photo galleries, etc. In these instances, clients will be subject to the terms and conditions of the third party who owns the software, and may use the software as a licensee only. No ownership rights of any kind are transferred to the client.

Access to or transfer of proprietary source code could result in a security risk.  In order to provide custom software development services, clients give us access to private and/or sensitive information, trade secrets, proprietary pricing and business methods.  If clients believed that we may be sharing this information with outside developers, they could lose faith that we are protecting their proprietary information.  Therefore, neither access nor transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted. Should client want us to build software to run on another server, it must be disclosed upfront and specifically contracted for.

Website components that ARE transferable to another host include html code, graphics, logos, pictures, navigation, text, and the data residing within a database (but not the code).  Hourly fees will apply for any special work that needs to be done to transfer those parts of website that do not violate the other paragraphs in this section.

 

Non-Domain-Based Troubleshooting

Burnt Orange LLC maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email accounts (name@comcast.net, name@aol.com, etc), your home or office internet connections, or any other non-domain-based issues outside Burnt Orange LLC Web Development’s realm of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.