Definition of our terminology as used within this document:
- A ‘Project’ is any work undertaken or service provided by Bauerhaus Design, Inc. for the client on their request and as described in our confirmation order email to that Client.
- ‘You’ or ‘Client,’ is a person, persons, business or organization using any of the services provided by Bauerhaus Design, Inc.
- ‘We’ or ‘us’, means Bauerhaus Design, Inc.
- ‘Live Mode’ means the date the website is available on the client’s chosen domain.
- ‘Domain’ is the website address as specified by the client.
- ‘Hosting’ is a yearly cost to keep a clients website activated online.
- ‘Content’ is both text and images that the client requires on the website.
- ‘mb’ stands for megabytes and is a measure of storage space.
- The contract between Bauerhaus Design, Inc. and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
- Work to be carried out shall be as set out in the Bauerhaus Design, Inc. invoice, which is attached to the confirmation order email.
Legalities, Copyright and Intellectual Property
- Bauerhaus Design, Inc. shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. Bauerhaus Design, Inc. reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.
- Where images used on the website have been purchased by Bauerhaus Design, Inc. on behalf of the client, these images are restricted by license for use on the website only and are limited to 15 images per project. Bauerhaus Design, Inc. is not liable for misuse of these images by the client or any other person’s copying, altering or distributing the images to individuals or other organizations.
- Bauerhaus Design, Inc. cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by Bauerhaus Design, Inc.
Paying for your project
- We charge for the branding, packaging, marketing and website design and development at two stages. Before we start work, a 50% deposit of the total sum due is payable (the deposit). The final 50% is payable when the project or website is complete and ready to ‘go-live’ (final payment). Your website will only be switched to ‘live’ mode when it has been paid for, in full. The initial deposit payment is non-refundable after Bauerhaus Design, Inc. has committed resource or completed research and/or design work on the client’s behalf.
- Your final approval of the test development website, signals that you approve of all content, text, photos and layout on the website.
- Bauerhaus Design, Inc. owns all design and code of the website until final payment has been received in full.
- Payment can be made via check to Bauerhaus Design, Inc. or via credit card.
- Email is our primary method of contact with regard to all communication for your graphic design, marketing, website design and development. You can also set up a time to talk via phone, Skype, or web conference by emailing firstname.lastname@example.org.
- It is the client’s responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address.
- It is important for the client to keep in contact with Bauerhaus Design, Inc. throughout the entire project. If a client does not make contact for more than 2 weeks, we will make up to 5 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project will be put on hold.
Website Design and Development
- Design is subjective, and for this reason we offer ‘unlimited design revisions’. This means that we will continue to work with you on your design concept until you are happy with our proposal. The unlimited design revision period ends when the client accepts the design proposal and home page draft. Design changes beyond this point are subject to additional charges.
- Bauerhaus Design, Inc. will provide the client with an expected completion time frame for the project (live on the internet) if requested. Bauerhaus Design, Inc. will provide the client with a list of materials the client is in charge of providing.
- Cross browser testing: By using current versions of well supported content management systems such as “Wordpress”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
- Ecommerce: You are responsible for complying with all relevant laws (local, county, city, state, country) relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Bauerhaus Design and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
- Bauerhaus Design, Inc. will perform any fixing of functionality issues within the first month after the website has gone live. This does not include adding text or photos or making changes that are out of scope of the original project. After that date, changes will be billed at $75 per hour or be included in monthly maintenance package.
Hosting and Search Engine Optimization (SEO)
- Bauerhaus Design, Inc. will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so, Bauerhaus Design, Inc. will provide a reliable and professional service to the client at all times, excluding unavoidable technical failures. All standard hosting offered by Bauerhaus Design, Inc. is limited to 1 GB of website space unless otherwise stated in a separate contract.
- Bauerhaus Design, Inc. hosting is annually renewable. The date of renewal will be 12 calendar months from the date the website was made live. Bauerhaus Design, Inc. will contact the client 6 weeks before the renewal date and hosting services are not obligated.
- The hosting renewal charge must be received within 10 days of the hosting expiry date. We reserve the right to deactivate any website when the hosting has expired and the client has not paid the renewal charge. We reserve the right to charge an administration fee of $50 for reactivating the website/hosting.
- If the client does not use Bauerhaus Design, Inc. hosting services, then the management and hosting of the domain name are the full responsibility of the client.
- If the client does not wish to renew the hosting the site files and associated data can be made available to the client fee free on request and the domain name can be transferred to the client’s registrar account. Should the client instruct us to upload and configure the site and domain name to a third party server this work will be subject to charge.
- Backups: If the client does not use Bauerhaus hosting, you are responsible for maintaining your 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.
- SEO: Bauerhaus Design, Inc. does not take any responsibility for a client’s website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and a client’s website, there could be a change in the websites search engine ranking.
Domain Names and Links
- If required, a domain name will be registered by Bauerhaus Design, Inc. on behalf of the client once we have received payment in full. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable timeframe.
- Bauerhaus Design, Inc. provides links or references to our client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times.
- We place a small text link on the footer of our client’s website that simply states the website was designed by Bauerhaus Design, Inc. and links to our company website.
Monthly Maintenance website packages
- It is highly recommended that you purchase a website monthly maintenance package for maximum uptime, no matter where you host your website. This allows to have a complete back up of your website that is offsite of your hosting server.
- All monthly maintenance packages include WordPress updates, plugins and themes to the latest versions that work with your website. In certain cases plugins will not be updated, due to compatibility issues with WordPress.
- We will provide daily backups and run malware checks on your website.
- Monthly maintenance packages provide priority support within 24 hours and in most cases much sooner. The quickest way to receive support is to email email@example.com.