We hate spam just as much as you do. We will never share your information with third parties unless required to do so by law or requested by you. The information we collect from you will be used to maintain your services with us and to represent the quality of our work to others, such as in our online portfolio.
II. OWNERSHIP OF WEBSITE DESIGN
Upon completion of a custom website design and 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 Sean P McCabe. 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.
III. OWNERSHIP OF WEBSITE DOMAIN NAME
Website domain names are leased from domain name registration companies. When Sean P McCabe registers a domain name for a client, that registration will be made in the client’s name. Upon 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 Sean P McCabe. Domain name renewal and renewal fees are the responsibility of the client. If the client chooses to have Sean P McCabe renew the domain name on behalf of the client, an additional service fee will apply. 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. Sean P McCabe cannot be responsible for expired domain names.
IV. 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 Sean P McCabe 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. Sean P McCabe cannot be responsible for intellectual property infringements on behalf of clients. Also, Sean P McCabe cannot be responsible for submitted content. Clients should not mail irreplaceable photos or documents or send content that must be returned.
V. PROJECT INITIATION
The initiation of a web design or development project requires a signed or electronically submitted contract/invoice, payment of 30% deposit upon contract acceptance and providing the client logo or any other element that is required to be used in the design.
VI. OUR TEN BUSINESS DAY TIMELINESS GUARANTEE
Ten Business Day Guarantee for the Mockup Phase – Sean P McCabe takes pride in handling requests in a timely manner. Starting from the date of the project initiation as defined above, Sean P McCabe will submit an initial mockup to the client within ten business days or the client will be entitled to a 10% discount off the balance of the initial web design fees. If the client requires modifications to the design or has other elements to mock up, such as logo designs or custom animation, the same ten business day guarantee applies on subsequent mockups/design steps starting from the time the feedback is given on the previous mockup/element.
Ten Business Day Guarantee for the Build Phase – The build phase begins once the client has approved the mockup. At that point, Sean P McCabe will convert the approved mockup into website format and add the text for the home page and all sub pages within ten business days or the client will be entitled to a 10% discount off the balance of the initial web design fees. This guarantee applies only to information-based sites. The turnaround time on e-commerce sites or websites with custom programming or other add-ons is based on the size of the project and the list of other projects in the development queue.
VII. 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, photos for either the design or for the content, the client’s logo, appropriate account login information, etc. For that reason, if Sean P McCabe is waiting for content or other piece of information, the client will be notified. If the client fails to handle the requests within ten business days, then Sean P McCabe will take any or all of the following steps to keep the project moving forward in a timely manner:
MOCKUP FEEDBACK – If the client fails to give feedback on the design mockup within ten business days, by default, the mockup is approved. If the client later 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, Sean P McCabe 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.
HOME PAGE TEXT – Sean P McCabe will act as a content writer for home page text. If, for a period of ten business days, the client fails to be available for a telephone interview, then Sean P McCabe will compose the initial text without having interviewed the client, that text will be automatically used, and the client may change it later himself using the content management system (CMS). If the client is available for an initial interview in a timely manner, then Sean P McCabe will also provide one round of revisions after the initial text has been written. If, for a period of ten business days, the client fails to offer any feedback on the home page text provided, then by default, that text is approved, and the client may change it later himself using the content management system (CMS).
TEXT AND OPTIONAL PHOTOS FOR ALL OTHER WEB PAGES – Unless Sean P McCabe has been hired to write content for additional pages, it is the client’s responsibility to provide content for all other pages in the website. If the client provides all text (and optional photos) within ten business days, then Sean P McCabe will add that content to the website. If the client fails to provide content for those pages within ten business days, then Sean P McCabe 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).
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, Sean P McCabe reserves the right to make substitutions, leave elements out, or take other actions in order to complete the project.
VIII. 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 they 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.
IX. HOW MUCH CONTENT MAY BE SUBMITTED PER PAGE
Due to web page load time considerations and the flat rate charged for web pages, there is a limit on what can be included in a single web page. A web page can hold the equivalent of about 2 pages of the content that would typically fit on an 8 ½” x 11” piece of paper. If the content is straight text without any pictures, tables, graphs, etc., this equates to a maximum of 2000 words. If there are pictures, or tables, etc., then less text will fit. Additionally, a web page may include up to a maximum of six photos on a page. A photo gallery page with limited text may contain up to ten photos. If a client’s content does not fit within these parameters, one or more additional web pages should be purchased.
X. HOW REVISIONS TO A WEBSITE DESIGN ARE HANDLED
We take pride in providing attractive designs, and the vast majority of our clients are extremely pleased with the design we create for them. However, design is a subjective art, and not everyone’s tastes are the same. While we will gladly make design modifications for no additional charge while the project is in the mockup phase, it is important to be clear on how revisions to the look of a website design are handled. The web design contract/invoice form is the document that describes the look a commissioned web design project will achieve. Design preferences, such as the look of the site, the color scheme, the functionality, monitor resolution preferences, etc. should be specified at that time, prior to the commencement of any design work. If any design preference stated in the web design signup form was not met, the adjustments will be made free of charge. If the client develops preferences or changes his/her mind after the completion of the work, adjustments will be made by the hour at $50.00 per hour.
XI. 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.
XII. HOW WEBSITE UPDATE REQUESTS/MAINTENANCE REQUESTS ARE HANDLED
Clients who have signed up for a maintenance plan receive discounts off the web designer’s hourly rates for website updates. The standard half hour maintenance plan is enough time to add about five photos and a few paragraphs of text. Clients on a Sean P McCabe web maintenance plan may send update requests 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 about 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 at a discounted rate of $40.00 per hour and the turnaround time will be based on workload issues. Clients who are not on any maintenance plan may request website updates at the full $50.00 hourly rate and the turnaround time will be based on workload issues. Monthly maintenance plan fees are separate from any other fees and may be cancelled at any time. (See details under the Termination of Services section.)
SEAN P MCCABE DOES NOT PROVIDE HOSTING SERVICES
There are many reasons why web designers will not host your website, and why you should not want them to either…
THEY ARE SPECIALISTS – The amount of knowledge and skill web designers must possess is vast. The same applies to system administrators. While there is overlap, the jobs are actually very different. So, in the same way your house painter would most likely not want to remodel your kitchen, your web designer does not want to host your website.
THEY DO NOT HAVE THE HUMAN RESOURCES – Your web designer does not have tens of thousands of customers. They are probably a small business, or even a single person. They cannot provide you with 24/7 tech support. If your web designer is hosting your website, you will be forced to call them when you have a technical problem. If your website has a problem over the weekend, or at 3:00 am when your web designer is sleeping, you will have to wait until the next business day for technical support. Your web designer needs to sleep, take days off and go on vacation. Large and reputable hosting companies have the resources to provide 24/7 technical support with real people who are paid to answer phones, respond to emails and fix problems quickly. Your web designer is not in a position to take on that responsibility.
THEY DO NOT CONTROL THE SERVER HARDWARE – It is important to realize how hosting actually works. Websites live on servers. A server is a computer, connected to the Internet. You could turn your desktop computer into a server and run a website from it, but it would not be very efficient or reliable. Instead, web hosting companies utilize powerful servers arrays with battery and redundant backup, located in large data centers connected to the rest of the Internet through high speed fiber optic connections. When you buy a hosting plan, you are paying for a piece of the computing power in one of these data centers, along with the support and technical expertise of the hosting company. Imagine you convince your web designer to host your website. They are probably going to set up their own servers in their home office, or if well-financed, build their own data on-site center. At best, they would have their servers installed in a remote datacenter. The only realistic thing your web designer can do is buy hosting from a large provider, and resell it to you for a small profit. Your designer can do their best to select a highly reputable hosting company, but not much more. They cannot do anything to guarantee uptime or quality. All of the actual technical responsibilities for hosting are with the hosting company. When the designer resells hosting and something does go wrong at no fault of their own, they are ultimately blamed (and get the phone call at 3:00 am!)
THEY DO NOT WANT TO BE A BOTTLENECK – If your designer were hosting your website, they would almost certainly be doing it as a reseller for an actual hosting company. Thus, they will just be acting as a relay between you and the hosting company. When you tell your designer about a problem, they tell the hosting company, and back and forth. This is terribly inefficient. If your website is down, it just makes more sense for you to talk directly to the hosting company and leave your designer to do what they do best… DESIGN!
THEY CANNOT CHARGE ENOUGH FOR HOSTING – A decent shared hosting plan should cost under $10/month from any reputable provider. This type of plan is good enough for the vast majority of small businesses, non-profit organizations, sole practitioners and pretty much any other type of non-tech, non-Ecommerce business with less than 100 employees. Major hosting companies have tens of thousands of $10/month customers, so they can afford to pay people to answer the phone at 3:00 am, and on Christmas day. They can hire tech support people who know all about Linux and Apache and countless other things that are critical to web hosting. In other words, they can afford sophisticated support. Your web designer does not have tens of thousands of customers. Again, most web designers are small firms or even a single person with a few dozen active clients. In order to provide the kind of real support you should expect from your hosting company, your designer would have to charge over the odds. Charging you $10/month just isn’t worth the hassle.
THEY DO NOT WANT TO DEAL WITH A BREAKUP – People often have short term relationships with web designers. They get their sites up and running and do not change them for months or years. Clients move and prefer to work with local people. Designers find full time jobs working for larger development companies. So what happens to the hosting end of the relationship? No one wants to be in the position to have to answer that question. A conscientious web designer will not put you in a situation where you suddenly find your website is down and God forbid, they find themselves incapacitated for whatever reason. It is just best for everyone involved if web hosting is performed by a real hosting company. Your web designer is probably too professional to go full Dr. McCoy on you and say, “Damnit Jim… I’m a web designer, not a hosting company!” However, this does sum up why they do not want to host your website, and why you should not want them to either. Web designers are specialists in a rapidly changing industry. Your web designer does not want to fix your computer, help you Email pictures to your friends, teach you how to use Facebook, install your printer, OR HOST YOUR WEBSITE… and this is a good thing! You want a web designer who is focused on web design. Even if your web designer had the time to provide good technical service… even if you didn’t mind paying extra for it… and even if your designer was willing to answer your “$#@!”, MY WEBSITE IS DOWN!” phone call at 3:00 am on Christmas Eve, they still would not want to do it… because it’s not what they are good at!
SUMMARY – Do yourself (and your web designer) a big favor… SIGN UP FOR YOUR OWN WEB HOSTING!
XIV. A CLIENT’S ROLE IN SECURITY
A client must agree to ensure any software on his/her website is kept current. For example, any client utilizing WordPress, website plug-ins, or other software on their hosting server must ensure the elements are kept up to date at all times in order to ensure the latest security patches are in place. If a client is uncomfortable with the process of backing up the database and updating the software, he/she must hire a qualified webmaster to assist in the process. If a client is uncertain whether this applies to his/her website, he/she must inquire with Sean P McCabe. Sean P McCabe clients are also required to use secure passwords on all logins. A secure password should include a minimum of eight characters, include a mixture of uppercase letters, lowercase letters, numbers, and symbols and should avoid commonly guessed or hacked elements. These elements include, but are not limited to, a client’s name, name of a spouse/child/pet, birthday or anniversary of self/spouse/child, words included in a standard dictionary, easily identifiable patterns such as 1234, 9876, qwerty or asdf, or passwords in use with other service providers. If a client fails to protect the security of the server as described above, the client’s account is in jeopardy of possible termination.
XV. PAYMENT POLICIES PROJECT FEES
Payment of 30% deposit upon contract acceptance, 30% on approval of final design, 30% on approval of site viewing on our server and 10% final balance due upon delivery.
GOING LIVE – Once the final 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.
NON-PAYERS – If the balance on a completed project has not been paid within ten business days, a 10% penalty will be added. For example, if the remaining balance on a completed project is $1,000, and that balance has not been paid within ten business days, the new balance on the complete project will automatically be increased to $1,100. 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 services such as Website Maintenance are due within net 20. Sean P McCabe charges a late fee of 10% of the total outstanding balance for invoices not paid by the end of the calendar month (net 25). Accounts at net 60 are at risk of termination. Clients experiencing financial hardship should contact Sean P McCabe to discuss payment options.
XVI. BILLING ERRORS
If a billing error is noticed, the client should immediately contact Sean P McCabe. 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, Sean P McCabe reserves the right to bill clients for accidental undercharges for a maximum of up to three months.
XVII. SEARCH ENGINE GUARANTEE
Most every client would like his/her website to rank high in search engine results for selected keywords, yet search engine results are determined by a multitude of constantly changing factors, third party search engines and the amount and quality of competition on the world wide web. Sean P McCabe guarantees certain search engine-friendly techniques will be used in the creating of each custom website, such as keywords in the title bar, the meta tags in the hidden coding behind the scenes and alternate text behind some images. If the keyword placement in these three areas is not to the client’s liking, Sean P McCabe will change these three items to the client’s choices one time for free. Subsequent or additional changes will be billed at the standard hourly rate. Additional search engine optimization (SEO) services are available for additional fees. Sean P McCabe cannot be held responsible for search engine results.
XVIII. SEARCH ENGINE OPTIMIZATION, SOCIAL MEDIA MANAGEMENT AND MARKETING PLANS
Our Marketing Plans offer a variety of services, including search engine optimization and social media (Facebook, Twitter, etc.) management. These plans require a three-month minimum since it takes time to ramp up the effectiveness of these campaigns. After three months, the Marketing Plans convert to month-to-month plans which may be cancelled at any time with a 45-day written notification. Services provided in the marketing plans will be specified in a written agreement since plans may be tailored to meet each client’s needs. No service or standard of service is implied unless in writing in the agreement, thus, clients must be sure to specify any specific request (such as a particular number of followers or a particular social networking tool used, etc.) in writing.
XIX. 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, email, 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 responsible for 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.
XX. TERMINATION OF SERVICES
If the client changes his/her mind about doing work with Sean P McCabe 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 receiving a full refund, a partial refund, no refund or 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.
XXI. THIRD PARTY VENDORS
Third party vendors may have separate terms of service agreements. Sean P McCabe 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. Sean P McCabe cannot be held responsible for lack of functionality or any other aspect of third party services.
XXII. REFUSAL OF SERVICE
Sean P McCabe does not accept projects that promote hate, intolerance, pornography, animal exploitation or any other unethical practice. Sean P McCabe reserves the right to decline to do business with any client for any reason.
XXIII. CHANGES TO TERMS OF SERVICE
Sean P McCabe reserves the right to change these terms of service at any time for any reason.