Terms & Conditions
What Do Both Parties Agree To?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. Assets and information will be given to us by you, in a timely manner. You’ll review our work, provide feedback and approval in a timely manner, too. Deadlines work two ways, so both parties will be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We will execute the project in a professional and timely manner in accordance with the timeline. We aim to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
We cannot promise professional copy for your website, but we will use our best judgment to advise you to the best of our ability.
Graphics and Photographs
If you don’t already have professional images to use for the website, we will curate a small collection of free (or paid, at your cost) stock photography to implement within the website design.
Wordpress, Wix, Webflow, other CMS Platforms
We deliver web pages on the Wordpress platform. All themes, plugins and content included in the website is your property once final payment has been received.
We also build sites using wix.com. The client must create their own account on wix.com, and upon final payment, the website will be transferred to the client’s Wix account. At this point, Forge995 will be able to make changes and edit the site (upon client’s request), but Wix recognizes the client as the admin and owner of the site.
We also build websites using Webflow. The client must be willing to pay for Webflow’s web hosting service, provide their own, or pay for our web hosting service.
Desktop & Mobile Browser Testing
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. We test our final design across common devices, including Macbook, Windows Laptop, iPad, and iPhone, to ensure maximum compatibility.
If you already have an active web hosting plan, as long as you provide us with the credentials, we can import the final project onto your web host. If you don’t have a web host, we offer a separate hosting package for an additional monthly fee. We can set that up for you at one of our preferred hosting providers.
We offer a Maintenance package for an additional monthly fee. If you elect that option, we’ll provide ongoing support including keeping your website up-to-date, making sure security best practices are being implemented, making any changes that require less than 60 minutes of time, and backing up the site on a daily basis. If you don’t select this option, then once the site has been live for a week and there are no issues, our support ends and you’d have to engage us separately if you need anything else. Of course, if there’s an issue relating to what we did, we will always fix those for no additional fee.
Our websites come standard with Google Analytics integration, however you will need to do some work on your end in order to use it.
We offer an Analytics package for an additional monthly fee. If you elect that option, we’ll provide weekly Google analytics reports including customized tracking for your specific criteria.
Changes and Revisions
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to make changes or add anything new, that won’t be a problem as we’ll provide a separate estimate for additional work.
We cannot be liable to you for any lost profits, lost savings or other incidental, consequential or special damages as a result of the new website or its implementation.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damage.
Intellectual Property Rights
First, you guarantee that all elements of text, images or other artwork you provide are either owned by yourself, or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.
Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you for the website we design for you plus the visual elements that we create for it.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying Our Work
We reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
All services agreed to in this contract are to be sold for the price specified in the proposal.
Payment will be made via PayPal, Stripe, or bank transfer.
Payments made by credit card require an additional 3% (this is what we pay for credit card processing fees).
Payment details are shown on all invoices and statements.
Only once a payment is cleared will it be deemed received.
Unless otherwise stated, the following standard terms apply to projects/work:
An initial payment of fifty percent (50%) of the project cost to secure booking. Payment must be cleared in the Forge995 Paypal, Stripe, or bank account before work starts.
The final payment of fifty percent (50%) must be paid before final files and relevant assets are delivered. Cleared payment must be received before the project is handed over and goes live.
Penalties and Fees
Payments must be made within 7 days from the date of invoice. Payments not received within 7 days of the invoice will incur a $500 reengagement fee to continue the project.
If at any stage, you change your mind about what you want to be delivered or are not happy with the direction our work is taking, the client will pay in full for the time spent working up until that point; and we would agree to terminate the project, however, payment cannot be refunded for any work already rendered.
There are no refunds after project delivery and final payment. Payment of invoice constitutes your acceptance of the work as delivered.
Because we resell hosting for a larger company, we are unable to offer refunds on hosting, SSL certificates, and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs.
If we are unable to communicate with a client on a project for a duration of at least sixty days (30) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
We both agree that we will adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
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 US courts.