TERMS AND CONDITIONS
MultiMedia Monkey, llc Terms and Conditions:
We’ve found that the more clearly and effectively we communicate, the better the results. With that being said, we want to be certain that we both have a clear understanding of key aspects to which we are both held accountable for. You can be sure that we will always do our best to fulfill your needs and meet your goals. These terms are set in place because sometimes it’s best to have a few things written down so that we both know what’s what, i.e. who should be doing certain tasks, when they should be doing them and what happens if stuff goes wrong. From our years of experience we have formulated a set of processes that will make the web design process operate smoothly on both sides. We will let you know that it will require work on your end and the more you put into this process the better the end result will be. In this contract you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We encourage you to read over this entire proposal to make sure you fully understand what is being documented and if you don’t, do not sign this and talk to your sales person to make sure he can change this proposal to fit your needs. Not only do we want to deliver a great service/product for you, but we also want what’s best for the safety of both parties, now and in the future.
Even in ideal situations, accurate estimates, either in the initial proposal or in subsequent change orders, are difficult to produce. However, most circumstances are not ideal:
• Clients typically don’t have the experience or internal resources to provide complete project scope documentation on the onset of the project.
• During the pre-sales process, it is difficult to take into account the effect the personalities and politics of the client’s team will have on the project.
• It is common that a project needs to change direction due to environmental factors, such as a competitor launching a new project, internal factors, such as a change in direction, or for the most common factor which is during the web design process you are more attuned to other websites and you would like to add some fun features that you have come across to your new site that wasn’t stated in the original scope of work.
• Design and development projects are inherently creative endeavors, requiring inspiration, exploration, and experimentation—this results in every customer having a different experience when it comes to design. This estimate is across the average person. We do our best to estimate the amount of time and number revisions based how much design input you request and how you communicate this to the sales person. We don’t want to limit your creativity because of your budget. In the end, some clients spend twice as much on design than was quoted and other clients never go over the estimate on design, it is all preference. This is just one example of many where the price can grow.
Therefore, the true scope of a project is unlikely to be known at the time you are required to provide a quote or estimate for a project, so please plan for the price to be different in the end. If this concerns you don’t worry, we will communicate to you that what you are requesting is out of scope and you can choose to incorporate it or leave it for later.
As our customer you have the power and ability to enter into this contract on behalf of your company or organization. You agree that you or an appointed representative of your company will provide us with everything that we’ll need to complete the project, including text, images and other information as outlined below when needed and in the format we ask for it. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and understand that if you agree to be bound by any dates that we set together, you also agree to stick to the payment schedule set out at the end of this contract.
We are MultiMedia Monkey, llc, located at 7360 Ulmerton Road #1 E Largo, FL 33771. We can usually be found here most Mondays through Fridays, 9:00 am ’til 5:00 pm. As much as we love to visit with our clients, we tend to keep very busy schedules so we ask that you contact us by phone: (727) 678-4904 or email: email@example.com prior to just dropping in.
We have the experience and ability to perform the services you specified in this agreement and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or other mutually agreed upon deadline if you have been late in supplying answers, information, materials, or written approvals during any stage of the project. On top of this we will also maintain the confidentiality of any information you give us.
So what do both parties agree to do? Well, In simple terms:
It is very important that you are organized when sending us content (emails/text/photos/videos/etc). When content or emails are sent to us that are not intuitive we will have to follow up with questions and get into a back and forth. Try your best to be as detailed as possible which in turn will make it so we are spending the time on your website project rather than asking you questions of what you are trying to articulate to us. This is an area that can make your project go over the original estimate.
We’ll create designs for the look-and-feel, layout and functionality of your web site. This will include both an initial design/review round and any additional revisions specified in the design section of this agreement. Revisions beyond those specified will only be performed after a change order agreement has been executed and paid in full by you. Depending on the amount of design input that is stated in your proposal you may or may not receive a mockup and your project may go straight to development. This is an area that can make your project go over the original estimate.
Changes and Revisions:
This is not a fixed cost, this is an estimate. We don’t want to limit your creative vision and we understand, sometimes people simply change their minds and head in a different creative direction. We simply ask that you understand this contract price is based on the time we estimate we’ll need to accomplish everything that you have initially told us you want to achieve and deviations from those goals will often require more of our time than initially considered, for which we must be compensated. If you do want to change your mind, add extra services or even add new functionality or technologies, no problem! We are always willing to provide quotes for changes which go beyond the initial scope of this project should you ask. Please keep in mind that the sooner these changes are identified, the greater the chance that these additional costs will be kept to a minimum. Without exception, all changes must be acknowledged in writing by you before they will be acted upon. For every one extra revision we charge a $250/revision fee.
All design and development revisions will need to be submitted to us within 5 days after we show/provide you with the mockup or website. We will ask you to create one document/email to for each round of revisions. This process needs to be organized. If you send multiple emails and documents this will be seen as multiple revisions and you may loose revisions or be charged for more revisions. It is very important that you take your time on revisions, be very organized and crate one document/email with your revisions to send to your project manager. If you don’t provide us feedback within 5 days you loose your chance to submit that revision, if that was your last revision and you would still like to make revisions you are able to purchase more revisions.
Number of Pages:
As you’ve seen above in this estimate, the number of pages we will create for you has already been defined. We will of course be willing to include more pages and other services not outlined in this scope of work, but as you may know these requests will result in change orders. We will never limit you to a certain number of pages but we try our best to get the information from you on how many you want. This is an area that can make your project go over the original estimate.
HTML and CSS Layout Templates:
If the project includes HTML markup and CSS templates, we’ll develop these using current industry technologies, including HTML5 and CSS3 for styling. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind you can count on us testing all our markup and CSS designs on current versions of all major desktop browsers as well as on Apple’s iPad to ensure our product works as intended. We will NOT test older browsers or mobile devices, such as phones including iPhones unless otherwise specified so users of such software or devices may experience designs or functionality which are limited by the capabilities of their technology. For example, a typographically focused site design WITHOUT proper layout. This is true for both Windows or Mac platforms and includes previous versions of Apple’s Safari, Mozilla Firefox or Opera, etc. unless otherwise specified. Should you need us to attempt to accommodate older browsers or mobile devices, such work must be outlined in this agreement otherwise, the time necessary for the additional design, development and testing will require a change order and will be billed at our current development rates.
We create the content: Our copywriters will write the copy for your website. To make most efficient use of time, the desired direction will be conveyed to them by us and will be based upon an interview with you that will take place during our creative / copywriting meetings. All copy must be approved by you prior to it being used by us. Once approved we will incorporate the copy into your website but please do know that after you approve the copy and we put it on your new website, any changes after that will considered a change order.
You submit the content: If you or your staff plan on submitting all of the content yourself or if you want it to be migrated form your old site or another site this can be a much more cost effective solution. You will still need to proof read all of the copy that is submitted or on another website. Once approved we will incorporate the copy into your website but please do know that after you approve the copy and we put it on your new website, any changes after that will considered a change order.
Client provided photographs must be in digital form and adhere to the specifications as outlined per our media guidelines unless otherwise stated. All client provided material must abide by copyright per the copyright section below. We may also provide stock or custom photography at your request. You agree to pay for any licensing costs required for the use of these materials which will be in addition to the cost of this agreement. Additionally, any additional time not specified in this contract that we spend searching for appropriate photographs will be billed at our quoted hourly rate. Please send us final images without watermarks and ready for the web. Only send us photos that you want to use on the web, if you send us 100 photos and only want to use 20, only send 20 because it take time away from other areas of your project if the images are not organized. Please rename them or label them so you can refer to them later. This is an area that can make your project go over the original estimate.
You guarantee to us that any elements of text, fonts, graphics, photos, designs, slogans, trademarks, or other items provided by you for inclusion in your web site are either owned by your good selves, or that you have permission to use them. For elements that we provide, copyright is automatically assigned to you where possible upon receipt of your final payment and per the following:
You will own any graphics and other visual elements that we specifically create for you for this project. A copy of all files will be made available to you in electronic format upon request which you may store in a safe place. We are not required to keep them or provide any native source files or software which we may have used to make these items. You of course will also own text content, photographs and other data you provided, unless someone else owns them. Markup, CSS and all other custom or generally available code which we’ve utilized in your site is licensed to you for use on this project only and it may only be used as intended, may not be reverse engineered, copied, or otherwise knowingly utilized by you or a representative of yours in any other way.
As much as we would like to we can not and do not guarantee the effectiveness of any marketing endeavor which you may hire us to perform. This includes higher rankings of your site in search engines, the amount or quality of leads generated by Pay Per Click campaigns such as Google Adwords, etc. We will however clearly define our goals, execute a mutually agreed upon plan and provide timely reporting of the results such that you can make critical business decisions. Any marketing campaigns such as Google Adwords that are setup for you are owned by Marin Web Design and are not required to be transferred to you in the event you change providers.
We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books and other forms of media unless we specifically agree not to do so in writing.
• Step 1: Submit a request by emailing a detailed request to firstname.lastname@example.org.
• Step 2: Our project manager will review the work request to determine how long this request will take to deliver. We will estimate (refer to your contracts terms and conditions under Proposals/Estimates for more information) the time it will take and you can purchase blocks of time.
• Step 3: Once you approve and have paid in full, the job will be sent to the development pipeline. Average support tickets take 3 to 7 days (from the day payment is received, not when the ticket is submitted) to be completed depending on the size and scope of your request.
• Step 4: Our staff will reach out to you once your ticket is closed and complete. We ask that you please review the work and let us know if there are any additional requests.
-Important- When you send in requests to email@example.com please be very detailed in what is being asked of us to do. The more informative and detailed you are, the less time it will take for us to perform the task which will lead to lower costs for you. If we need any content or images from you please be prepared by sending these to us during the time of your request so as to expedite the request. We also ask that during the time you submit the ticket, that you be readily available by phone or email. More often than not our staff will have some questions about your request and we don’t want to delay the support request because we can’t reach you. We do recommend that you try to save up at least 2 hours worth of work for us to do because we charge for the time it takes to read the requests, create the invoice, and communicate with you.
The above process from start to finish may take anywhere from 1-7 days (During Normal Business hours). If there is something you need done right away please be thinking ahead. We bill at $125/hr and if something is really urgent we do offer a rush fee of $199 per support ticket. If so, we will get the job done within 24hrs to 48hrs upon receiving payment in full for the job, including the rush fee. All support tickets are estimated on a time and materials basis. If the job changes or grows bigger than the original estimate a change order will be communicated and written up. If the job exceeds 20 hours we will usually have you in to do a proper job scope and estimate.
Our hours of operation are Monday-Friday 9:00 am – 5:00 pm. This being said, if we get a request on a Friday after 5:00 pm your request and ticket will be reviewed and estimated for you the following week.
Contract, Billing, and Performance:
A) Once signed, this contract may not be cancelable by you. Your inability to complete your end of the bargain to set dates will be considered a breach of this agreement and you will not get your deposit back.
B) Unless stated otherwise in this agreement, billing of web design projects and time and material (T&M) engagements will be progressive, meaning that 50% will be due at start, then 20% then 20% and the remaining 10% at project completion / launch.
Adwords Campaigns and Marketing projects are required to be paid 100% in full prior to work commencement.
C) Payments on Invoices past 30 Days are subject to a 10% late fee. We are sure you understand how important it is that you pay the invoices we send you promptly.
D) Client agrees to make time available for meetings and supply MultiMedia Monkey llc., with any artwork and other items necessary such as, logos, design materials, copy, brochures, images, and the like in a timely manner and according to project schedule due dates. Not having these items when expected causes delays to our production schedule which in turn affects our ability to deliver your project on time which makes us grumpy and most likely you unhappy.
E) For design projects, a Project Delay Fee in the amount of $1000 will be assessed and due upon receipt each required approval or materials deadline which is missed by you. Once a deadline is missed, we will do our best to keep the project on track but may have to revise future project delivery dates based solely on availability of our development schedule. This fee may be waived by us (at our sole discretion) if you inform us of the delay by writing no less than 48 hours ahead of such a deadline.
F) Should we not be able to reach you for a period of ninety (90) days or more after the start of this project, you will be considered in breach of this agreement and will no longer be obligated to deliver a completed project.
G) In the event of a breach by you, any funds paid by you will be considered payment toward work already performed and will not be refunded or credited. Additionally, we reserve the right to deem the remainder of this contract due and collectible.
H) All returned checks or other forms of payment which are rejected will be subject to a $35.00 fee.
Other Legal Stuff:
We can’t guarantee that the functions contained in any web page framework or in a completed web site will be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the improper operation of or inability to operate this web site and any other associated web pages, even if you have advised us of the possibilities of such damages. If any provision of this agreement shall be found to 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. With regards to this project, this agreement supersedes and takes precedence over all other agreements whether implied or specifically executed by you, with the exception of change orders directly related to this project. Also, just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Florida courts. MultiMedia Monkey, llc shall not be liable for failure to produce if failure is caused by vandalism, theft, labor disputes, strikes, war, fire, flood, accident, material shortages or any act of God. In such case MultiMedia Monkey llc., can extend time for completion of agreement.
Our hours of operation are Monday-Friday 9:00 am – 5:00 pm. Please call to schedule an appointment, we don’t accept drop-ins.
By signing this contract, you are acknowledging that you have a full and complete understanding of the above details as written.
Phew, now let’s get on with the stuff we really enjoy… Delivering your work!
Please print and keep a copy for your records.
Web Design Estimate