Terms of Agreement

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• The Designer agrees Project will start or continue customizing the mockup after a 50% deposit has been made.  This deposit is non-refundable if the development work has been started and you terminate the contract through no fault of ours.

• As the Project enters its final stages, the Designer will contact the Client -via email or text- for final approval. The client has the opportunity for revisions at this time  The Client must respond to said communication within 3 (three) Business days. Non-response will result in a delay in the completion of the Project.

• If the Client has not responded by the 10th business day, the project will be considered ‘abandoned’.  A fee will be charged to restart the project and applied to the final invoice at 10% of the balance due. This fee will NOT apply if conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of the agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism and epidemics. (A Force Majeure)

• Upon final approval, a ‘Balance Due’ invoice will be sent to the Client. After final payment has been received. The Project will be delivered to the Client.  This final invoice must be paid in 3 (three) business days to avoid late charges. (Unless otherwise agreed to by CGA).

• The Designer is only responsible for Design of the Website; thus, the Designer is not responsible if the Host servers are nonoperational. Client is responsible for contacting the Host for assistance.

• CGA is proud of our work and reserves the right to apply the text “Created by: "CGA WebConcepts”, to the bottom of your website as a marketing tool.  Removal of this tag voids your warranty unless otherwise approved by CGA.

• All Domain and Hosting fees are the responsibility of the Client.  Unless otherwise agreed to by CGA.

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Supply of Content:

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• All materials and information required by us to complete the work in accordance with any agreed specification must be supplied.  Such materials may include but are not limited to, photographs, written copy, logos, and other printed material. When there a delay in supplying these materials to us it leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

• Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

 

ADA Compliance:

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• All websites built by CGA WebConcepts will be according to the web content accessibility (WCAG) guidelines.  'ADA compliance refers to the Americans with Disabilities Act Standards for Accessible Design, which states that all electronic and information technology (like websites) must be accessible to people with disabilities.'

• If the client disagrees with these guidelines. This agreement and the project will be cancelled, due to lack of compliance. Client will be charged for Designer's time, ($130 per hour) and the remaining deposit returned  within  21 business days

 

Revisions

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• We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design revisions to 2 (two).  An additional charge will apply to the changes you want to the original design specification.

• Our website development phase is flexible however any major deviation from the specification will be charged at the rate of either a minimum of $120.00 per hour, or we may provide a quote for the requested changes.

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Confidentiality:

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• During this Agreement, it may be necessary for the Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to the Designer to complete the Website in its final form. The Designer will not share or use any of this proprietary information for his/her personal benefit at any time, even after the Agreement is fulfilled.

 

Ownership Rights:

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• The Client continues to own any and all proprietary information it shares with Designer during the term of this Agreement for the purposes of the Project. Upon completion of the Agreement, the Client will own the final website designs.

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Search Engine Optimization:

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• We do not guarantee any specific position in search engine results for your website. We can only perform basic search engine optimization according to current best practices.

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E-Commerce:

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• The Client is responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify CGA WebConcepts and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

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Site Back-Up:

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• The Client is solely responsible for maintaining their own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

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Maintenance:

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• The Designer agrees to perform maintenance on the Website for a limited period from the date of its completion.  This includes adding or removing verbiage and/or images. Along with minor design work.

 

Liability:

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• CGA will do everything possible to build you an amazing website, but we accept no liability for your sales, revenue, and/or the success of your website/business directly, indirectly, or consequentially.

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Conduct:

 

• I will at all times, remain professional with the Client.  My intention is to represent my Clients with integrity while using a respectful and assertive manner. Any misconduct from the Client, unacceptable.

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Dormancy Clause:

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• Clients must communicate in a timely manner with CGA for their projects to run smoothly. Non-communication without cause is a violation. A Client’s non-response by the 15th Business day is considered to be Dormant. Violations of CGA‘s policies will be considered a breach of contract. Thus, CGA shall have the right to terminate the Agreement with no further obligation

• Once the building of the project has commenced - If all necessary materials are not received, or there is no proper communication from the client after 90 days,  it will be considered ‘Dormant’ and subject to cancellation without further notice. A non-refundable reinstatement fee of ½ of the balance due will need to be paid in advance to restart any cancelled projects.

 

Third Party Access

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• Will not be allowed if the site is housed on CGA WebConcepts' server. 

• You can allow if preferred once the site has been transferred and housed with you.   Warning: CGA WebConcepts will of course accept no liability of the third party's apps or manipulations to the website.  Any corrections done as a result of the third party's access will be charged @ $130 (minimum).  Whether the client has a maintenance warranty with CGAWC or not!

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Portfolio Inclusion:

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• CGA is proud of our work and reserves the right to add your project to our portfolio (possibly stripped of your personal information). As a marketing tool, we will apply the text “Created by: CGA WebConcepts”, to the bottom of your website. Removal of this tag voids the warranty. (Unless otherwise approved)

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 * Upon signing the CGA WebConcepts Contract;  the signer hereby agrees to the

stipulations of these Terms & Conditions

 * These Terms & Conditions constitute the entire understanding of the parties.

 *Any changes or modifications thereto must be in writing and agreed by both parties.