Website terms and conditions services to consumers, payment online.
Revised 3/13/2015
Trading terms and conditions of Littlejohn’s Web Shop.
These terms and conditions regulate the business relationship between you and us. When you buy from us, you agree to be bound by them.
No person under the age of 18 years may purchase Services. If you are under 18, please ask an adult for help with your purchase.
We are: Littlejohn’s Web Shop
Our address is: 339 7th St, Ste. C, Hollister, CA 95023
You are: a visitor to a website owned by us and/or a customer of ours.
The Terms and Conditions
1. DEFINITIONS
In this agreement:
“Client” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business;
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Services” means any of the services we offer for sale on our Website and include generally available updates and support services so far as specified for each service.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website.
2. AUTHORIZATION
The Client is engaging Littlejohn’s Web Shop a sole proprietor, located in Hollister, CA, as an independent contractor for the specific purpose of developing and/or improving a World Wide Web site to be installed on the client’s web space located on an Internet Service Provider’s (ISP) server.
The Client will establish a separate contract with an Internet Service Provider (ISP) for hosting, or will establish one with the Developer. The Client hereby authorizes the Developer to access this account, and authorizes the Host Provider to provide the Developer with “write permission” for the Client’s web page directory and any other directories or programs which need to be accessed for this project.
3. STANDARD HOSTING SERVICES
It is agreed that this account will be hosted by Littlejohn’s Web Shop. View our monthly WordPress Hosting Packages here. The Developer will secure this account on behalf of the Client or assist the client with the process. Please note: Using an alternate host is always an option for the Client. Should the Client desire to use a Host Provider other than Littlejohn’s Web Shop.
3. DOMAIN REGISTRATION
If the Client already has a domain name, the Developer will coordinate redirecting the address to the new host. Should the Client desire a specific domain name which is already owned by another party and negotiations for said domain name must be undertaken by the Developer, additional charges may apply. The Client will be contacted in advance before any negotiations of this nature are undertaken or charges are incurred.
5. BASE PACKAGE / GRAPHIC DESIGN
This agreement contemplates up to set standard branding web pages with layout and graphic creation included as already indicated within the original proposal.
6. TEXT/COPY & IMAGE CONTENT
Final text and suggested images will be supplied by the Client unless otherwise specified. 400 words per page approximate is recommended supplied via email, DropBox, CD or flash drive. Individual Web pages of more than 1,200 words of text may be subject to additional fees for increased formatting time.
7. LINKS
This agreement contemplates up to an average of 12 external or internal links per page. Links to external sites may be subjected to an additional cost depending upon the total number required.
8. CROSS BROWSER COMPATIBILITY
Our agreement contemplates the creation of a web site viewable by Firefox, Mozilla, and Microsoft Internet Explorer 8.0+. Compatibility is defined herein as all critical elements of each page being viewable in these browsers. Client is aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in. Client is also aware that as new browser versions are developed, the new browser versions may not be backward compatible. In the absence of a Maintenance Agreement time spent to redesign a site for compatibility due to the introduction of a new browser version will be separately negotiated and in addition to the base price of our agreement.
9. GRAPHIC CREATION / BANNER ADVERTISEMENTS
It is anticipated that the Developer will create, capture or receive from the Client all the graphic elements necessary to complete the Client’s web site. This includes a basic logo, buttons, layouts and photography as listed below. This contract does not contemplate, however, the creation of banner advertisements, branding logos or flash objects. Should the Client need animated banners or new logo design the charge will be negotiated.
10. PHOTOGRAPHY
All photography will be supplied by the Client unless otherwise specified. This contract contemplates additional use of stock photography as covered by Developer’s current stock service subscriptions, if needed. Minimal photographic retouching of these images is included in this agreement.
11. LOGO
A logo will be provided by the Client unless otherwise noted. If a new logo design is needed, additional design charges will occur.
12. E-COMMERCE
If a shopping cart is required for the Client’s site, PayPal will be the default merchant used. The charges for the shopping cart will be listed in the proposal as an addition to the base price of this agreement.
13. SECURE CERTIFICATES
If the Client selects an e-commerce enabled site or transmitting of sensitive information, the Client is encouraged to obtain a secure certificate for online transactions. The Client understands that if they do not obtain their own secure certificate, design capabilities on the shopping cart itself may be limited. Alternatively we can provide a shared SSL certificate but again design capabilities on the shopping cart itself may be limited. In the event that a bill-pay feature is desired by Client for mobile site, an additional SSL may be required, and is not covered by this contract.
14. MERCHANT ACCOUNT
If the Client’s web site requires the ability to accept credit cards, the Client will need a Merchant Trading Account. PayPal will be the default payment method. The Client understands that any charges necessary to secure the Merchant Trading Account are not covered by this agreement unless otherwise noted.
15. PAYMENT TERMS / WORKFLOW
Once payment is received, a dedicated project manager will be made available for the Client within a reasonable time-frame. The WordPress theme will be confirm and content (logo, text and images) will be collected from the client. Development will commence once all content has been received. There after can be a maximum of three (3) changes made available to the client’s new website home page. Any additional changes will be accommodated, within reason, and at the discretion of the Developer. Communication between the Developer and the Client is crucial during this phase to ensure that the ultimate publication will match the Client’s taste and needs.
Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design via e-mail or open job ticket.
Upon completion of the web site, an e-mail and/or invoice will be sent to the Client advising that the work has been completed.
Developer reserves the right to remove all web content from the Internet if any outstanding charges/payment is not made within thirty (10) days after delivery of our completion notification. If a payment delay is anticipated, please contact the Developer to discuss potential problems in advance. If problems are anticipated we may be able to accommodate an alternate arrangement.
16. CHANGE REQUESTS
Developer prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of the Developer’s business. To that end, we encourage input from the Client during the design process.
The Developer understands, however, that Clients may request significant design changes to pages that have already been built to the Client’s specification. To that end, please note that our agreement does not include a provision for “significant page modification” or creation of additional pages in excess of our agreed proposal. If significant page modification is requested after a page has been built to the Clients specification, we must count it as extra design work.
Some examples of significant page modification at the request of the Client include:
- Developing a new table or layer structure to accommodate a substantial redesign at the Client’s request.
- Recreating or significantly modifying the company header / logo graphic at the Client’s request.
- Replacing more than 75% of the text to any given page at the Client’s request.
- Creating a new navigation structure or changing the link graphics at the Clients request.
- Significantly re-configuring the Client’s shopping cart with new product, shipping or discount calculation if an e-commerce enabled site has been selected by the Client.
Clients who anticipate frequently changing the look of their site after design mockups have been approved, and Clients who desire to be intricately involved in the design of each page are encouraged to negotiate an agreement which exceeds the scope of the original proposal. If significant page modification is requested by the Client after the page maximum has been reached the charge will be $350.00 for each additional page. Moderate changes and small alterations, however, will always be covered during the development of the site and can also covered by our monthly WordPress Hosting Package here, if hosting is maintained by Developer.
Again, we strive to accommodate the needs of each Client and we maintain a liberal redesign policy. We cannot, however, provide major redevelopment services in excess of the page maximum contemplated by this agreement.
17. MAINTENANCE AGREEMENT
Maintenance Agreements are negotiated on a Client by Client basis as each Client will have different needs. This is another way the Developer seeks to help the Client control cost. Maintenance Agreements are typically subjected to our hourly rate, as work is required, which is $150 per hour unless otherwise agreed. If you need additional development hours, you can purchase with a discount here.
18. THIRD PARTY OR CLIENT PAGE MODIFICATION
Some Clients will desire to independently edit or update their web pages after completion of the site as a way to control costs and avoid the expense of a Maintenance Agreement. This is always an option for Clients of the Developer. If the Client desires this capability, it must be made known to the Developer.
Note however, that if this option is desired and the Client or an agent of the Client other than the Developer attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $150. There is a one hour minimum. In this regard, Clients are encouraged to seek assistance from the Developer before commencing any work independently.
19. SEARCH ENGINE SUBMISSION
The Developer will perform keyword ranking checks on Client’s current site in an effort to optimize the Clients web site with appropriate titles, keywords, descriptions and text, and will thereafter submit the Client’s web site to each of the free major search engines and directories including Google, Yahoo! and Bing. The Developer also agrees to service any web page redirects, if needed, in an effort to maintain current search rankings. The Developer also offers advanced Search Engine Optimization and site promotion services. If advanced search engine optimization are desired the agreement for said services will be listed in the proposal. SEO results cannot be guaranteed, due to frequently changing external parameters beyond the Developer’s control. However, Developer promises that all possible measures will be taken to maintain current search rankings, within the parameters of this agreement.
The Client must be aware that basic On-page Search Engine Optimization only will be included in the base package if outlined in the proposal. This does not accommodate advanced and Off-page Search Engine Optimization techniques, and will not guarantee favorable positioning within search results. If desired by the Client, the developer encourages all commercial Clients to obtain advanced Search Engine Optimization services.
20. ASSIGNMENT OF PROJECT
The Developer reserves the right to assign certain subcontractors to this project to insure the right fit for the job as well as on-time completion. The Developer warrants all work completed by subcontractors for this project. When subcontracting is required, the Developer will only use industry recognized professionals.
21. ADDITIONAL EXPENSES
Client agrees to reimburse the Developer for any critical Client requested expenses necessary for the completion of the project. Examples would be:
- Purchase of specific fonts at the Client’s request,
- Purchase of specific photography at the Client’s request.
- Purchase of specific software at the Client’s request.
22. COPYRIGHTS AND TRADEMARKS
The Client represents to the Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Developer for inclusion in the Client’s web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
23. AGE
Authorized representative of the Client certifies that he or she is at least 18 years of age and legally capable of entering a contract on behalf of the Client.
24. LIMITED LIABILITY
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, warez, piracy, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy.
Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material or use of those materials.
It is also understood that the Developer will not publish information over the Internet which may be used by another party to harm another. The Developer will also not develop a pornography or warez web site for the Client. The Developer reserves the right to determine what is and is not pornography.
25. INDEMNIFICATION
Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Developer’s development of the Client’s web site. This includes Liabilities asserted against the Developer, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.
Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
26. LAWS AFFECTING ELECTRONIC COMMERCE
The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s use of Internet electronic commerce. Client also understands that the Developer cannot provide legal advice.
27. OWNERSHIP OF WEB PAGES AND GRAPHICS
Ownership of the finished assembled work of web pages produced by the Developer, and the graphics, shall be vested with the Client upon final payment for the project. The client agrees to not re-sell the web pages, design, or layout to third parties.
Copyright to website structure, design, creative elements and any custom code developed exclusively for this project, is vested with the Client upon completion. Client remits to Developer an irrevocable license to use any custom code developed in order to speed the development process with successive clients.
28. DESIGN CREDIT
Client agrees that the Developer may put a byline on the bottom of their web site establishing design and development credit. Client also agrees that the web site created for the Client may be included in the Developer’s portfolio.
29. NON-DISCLOSURES
The Developer, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about the Developer to another party.
30. COMPLETION DATE
The Developer and the Client must work together to complete the web site in a timely manner for both parties to remain profitable.
- The Developer agrees to have an initial home page developed and presented to the client, within 5 business days of having received all content and materials necessary (see #1 Definitions).
- We agree to work expeditiously to complete this project. However if there are any delays beyond our control and/or scope of the projects, the final completion date may be affected.
30. CANCELLATION
Cancellation of the project at the request of the Client must be made by registered mail or via email. In the event that work is postponed or cancelled at the request of the Client by registered mail or email, the Developer shall have the right to retain a pro-rated amount of deposit based upon hours worked to-date, plus a cancellation fee of $500. In the event that fees for hours worked exceed the 50% deposit and any expense already invested in the project, additional payment will be due for the remainder of hours worked, in addition to cancellation fee. If additional payment is due, this will be billed to the Client within 10 days of notification via registered mail to stop work. Final payment will be expected under the same terms as listed in Article 23 above.
31. ARBITRATION
Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Small Claims Court or a mutually agreed upon Arbitrator suitor. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable lawyers’ fees and legal interest on any award or judgment in favor of the Developer.
32. ENTIRE UNDERSTANDING
This contract and any Appendices attached thereto constitute the sole agreement between the Developer and the Client regarding this project. It becomes effective only when signed by the Client. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Developer.
Both parties warrant that they have read and understand the terms set forth in this agreement. This agreement shall be governed and construed in accordance with the laws of the State of California.