Terms of Service

Updated: October 23rd, 2020

Following are terms of services for website development services provided by FA Web Design. By using any service provided by FA Web Design, a client (referred to as “you“) agrees to be bound by the following Terms of Service. FA Web Design reserves the rights to change these terms without your notice.

Web Hosting and Domains

Websites will be hosted by FA Web Design’s hosting server, with a cloud SSD storage up to 20GB including initial set-up files. The hosting fee is included in the maintenance plan. Data upload will be restricted after the website reaches 20GB, and it can be extened at $0.25/GB per month which will be calculated based on the remaining billing months and will be invoiced right away (or will be added to the monthly maintenance plan fee every month).

Domain fees are not included in the minimal Maintenance plan and thus you need to buy it at your own expense. Basic and Extended Maintenance Plans will provide you with a free website domain that is in our basic price-tier up to $20/year before HST, as determined by Google Domains. Any domain fees over $20 will be separately charged and FA Web design will waive a fee of $20/year from the hosting fee if you have Basic or Extended Maintenance Plans.

If you already own a domain, it can be transferred if the hosting company is able, and you will be billed with any fee associated. The domain fee will be paid by FA Web Design to the third party company that provides web domains, and the same amount will be billed to you by FA Web Design. If you do not choose a free domain provided by FA Web Design, then the cost of the domain is not deducted by the basic price-tier domain; you will be responsible for the original price of that domain.

If you want to cancel the service and claim the domain, FA Web Design will transfer the domain to your hosting company. However, you will be responsible for any transfer fee associated with the process.

Changes and Revisions

During the initial concept design process, you can request for any change if you are not satisfied.

Once the initial concept design is approved, FA Web Design will provide with the developed design that is compatible in desktops only. You can request for a change of the design upto three times that doesn’t change the overall design concept. If you approve the second design concept, you won’t be able to request for a revision until the website development is complete.

You can request a revision of the completed website. A number of times for this revision is unlimited for a month after the website development is complete. Overall designs and concepts cannot be changed. Examples of available revisions are images, contents, colour scheme (provided by the client), etc. After a month, number of available revisions depend on the maintenance plan.

Payment and Approval Process

Once the initial design is approved along with the contract, a deposit needs to be paid before proceeding with the project. This deposit is non-refundable. Before the second design concept approval, you are not obligated to continue and cancel the service anytime.

After the second design concept approval, you are committed to the entire project and are subject to the outstanding balance of the project cost. Upon the completion of the project, an invoice will be provided with the final amount, including the development cost and the first year’s maintenance cost minus the deposit amount. It will be due 14 days after the invoice is generated. In the meantime, the website will be hosted as scheduled.

FA Web Design reserves the right to remove the website database and stop hosting if the payment is not received in 21 days after any invoice is generated. In this case, you are not relieved from paying the outstanding balance and FA Web Design reserves the right to take a necessary legal action against the client.

Maintenance fees are charged on either monthly or annually. Both monthly and annual plans have 14 days to cancel and a full refund will be issued if requested within that time. After 14 days, monthly plans are not refundable and a 50% of the remaing contract balance will be charged if you decide to cancel. The website hosting service will end at the end of the billing cycle. Annual plans are not refundable and the hosting service will end at the end of that month.

Materials and Copyright

You must provide with information and materials for the website, including but not limited to images, logos, content text and others. You may request for a change of contents as many times during the revision period, not affecting the overall design concept initially approved. If the information and materials are not provided before the completion of the website, samples images and contents will be temporarily placed as shown during the second design concept output. The website will be considered ‘complete’ and the invoice will be generated even if you don’t provide with any information or material.

You must have proper rights to use any information and materials that are copyrighted by a third party, commonly pictures from the internet. You agree to grant FA Web Design permission and rights to use these materials, and FA Web Design is not responsible for any claims and charges from using copyrighted information and materials of which you don’t have a permission.

All resources provided by you are considered your property. The website design, concept, and any other materials other than what you provided remain copyrighted to FA Web Design. Duplication of the design and materials are not permitted.

FA Web Design reserves the right to display a text at the bottom of your website that it was designed by FA Web Design, linking it to our website. FA Web Design also reserves the right to use your website as an example portfolio on the website.

You will not have access to the website’s FTP nor the main admin panel that could alter the plugins and the main framework. You will receive an access to an admin panel only specific to custom features that could add/edit contents of the website that would not alter the main design framework.

At the end of the contract, any applicable database files and resources provided by you will be retrievable for 3 months. The file types provided are limited to how they have been utilized in the project.

Website Maintenance

You must choose one of the maintenance plans provided by FA Web Design. Should you desire to lower the maintenance cost as much as possible, you can choose the Essential Maintenance plan that includes website hosting, support and trouble-shooting for any unexpected error.

You will have some self-maintenance function that would not affect the overall design framework. This will be discussed during the consulting step as you request for custom features for the website.

Website maintenance fees are renewed annually. It will be notified to you on the back-end of the website 14 days from the end of your previous maintenance plan. Payment due date is until the last date of your previous maintenance plan, and there will be a grace period of 7 days. During 7 days, the website will have a payment reminder notice on the front-end, and the website will be put down from our hosting server after 7 days without further notice. You will have 3 months of requesting your database files and all resources provided by you, as stated in Materials and Copyright. Website will be hosted again with its original concept design within 3 months. After 3 months, any remaining files on the server will be permanently removed. Should you require to host a website, it needs to start from the scratch.

*COVID-19 UPDATE: Any payment due before April 30th, 2020 has been extended until further notice.

*UPDATE #2 – Payment schedules for maintenance fees have resumed as of October 1st, 2020. Payment is due October 31st, 2020 and there is a grace period of 15 days (until November 15th, 2020 11:59 p.m.). 

Refund and Cancellation Policy

Should you wish to cancel the service, FA Web Design honours a written notice via email. If you cancel the service before the second approval, you will not be charged for the service except for the non-refundable deposit amount. 

You have 14 days to cancel the maintenace plan, and you will be given a full refund. If you cancel the maintenance plan after 14 days, you will be charged for 50% of the remaining maintenance plan balance. Monthly plans are renewed on annual basis, so the remaining balance is calculated based on the reamining months left. If you paid for the annual amount at a discounted price, you will not be refunded. If you cancel before the completion of the website but after the second approval, you will not be responsible for the maintenance plan balance.

The final website contruction fees and the deposit are non-refundable.

Termination

FA Web Design and you may be released from any contract term and payment obligation when there is an event that was not foreseeable and occurred through no fault of both parties. In normal circumstances, this contract expires under the following scenarios:

1. you are not satisfied with the initial design concept and decide to terminate, in which case there is no payment obligation, or

2. you are not satisfied with the second design concept and decide to terminate, in which case the deposit is non-refundable, or

3. you paid the balance in full but decide to cancel, and applicable refunds have been paid to you and 3 months of data-retrieval time have passed, or

4. website maintenance plan is not renewed at the end of the last annual cycle within the grace period and you do not decide to renew in 3 months.

Liability and Responsibility

You are responsible for all contents that you post. FA Web Design is not responsible for any damage or charge resulted from the website.

FA Web Design is not responsible for backing up data or recovering data.

FA Web Design reserves the right to refuse service to any offensive, obscene, hateful, malicious individuals or for any other reason.

Any verbal abuse or threat to FA Web Design employees will result in immediate cancellation of service.

You will indemnify FA Web Design from your breach of any of these specified Terms of Service. You agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify FA Web Design from all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify FA Web Design from and against any claims brought by third parties arising out of your use of the information obtained from FA Web Design.

Profile

[sc_profile]