Terms And Conditions

Revised 12-10-14

By requesting service with McBryde Website Design, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:
Client: The company or individual requesting the services of McBryde Website Design.
MWD: McBryde Website Design, owner & employees or affiliates.

General

The following terms and conditions are intended to be fair to all parties concerned and to aid in the supply of services. This agreement represents the complete agreement and understanding between MWD and the Client.

MWD will carry out work only where an agreement is provided either by email, telephone, mail, and fax or in person. An ‘order’ is deemed to be a written or verbal contract between MWD and the client; this includes telephone and email agreements.

MWD shall not be liable for any failure to perform its obligations hereunder in the event such failure is due to circumstances beyond its reasonable control.

Website Design

It is the Client’s responsibility to proof their own pages for errors and inform MWD of those along with any changes in layout requested by the client. The client is also expected to test fully any application, programming, forms, and e-mail setup relating to a site developed by MWD to ensure they function properly.  This process must begin immediately after the pages are posted to the website for the client to view.

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, MWD cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

MWD cannot accept responsibility for any alterations caused by client or third parties occurring to the client’s pages once placed. Such alterations include, but are not limited to additions, modifications, deletions, stolen content, stolen domain name or hosting failure.

The website, graphics and any programming code remain the property of MWD until all outstanding accounts are paid in full.

MWD will not be liable or become involved in any disputes between the site owner and their clients or the public and cannot be held responsible for any wrongdoing on the part of a site owner.

MWD will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Compatibility
MWD will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the current most used (top 3) browsers.  MWD can offer no guarantees of correct function with all browser software.

Completion Date

MWD and the Client must work together in a timely manner, to avoid missed deadlines. The client must supply MWD with any specific text, graphics, or other specific items for inclusion in a timely manner unless agreed otherwise.

Additional work requested by the Client which is not specified in the agreed quotation is subject to an additional quotation by MWD on receipt of the specification. If the work is needed as part of an existing project then this may affect the completion date.  The client will be notified of any quote increase or decrease.

Domains

Domains can be registered by the Client or MWD.  If the client registers their domain, they are responsible for all aspects of managing the domain.  If MWD registers the domain, it will be managed by MWD for the Client.  All domains registered by MWD will be renewed on an annual basis.  The client is responsible for this charge unless MWD is notified before the renewal date not to renew the domain. All domains registered on behalf of a client remain the client’s property and will be provided to the client unless the outstanding balance is due.

Hosting

Client’s website(s) will be hosted on one of MWD’s servers.  Hosting fees begin when the domain is set up on one of our servers.  MWD does not guarantee uptime on its servers.  However, historically the servers at MWD have exceeded 99.9% uptime.  MWD cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. MWD will not be held responsible for any issues for websites hosted on 3^rd party servers. All troubleshooting of 3^rd party host servers will be invoiced at the current MWD hourly rate.

Availability
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of MWD and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that MWD shall not be liable for any damages arising from such causes beyond the direct and exclusive control of MWD. Client further acknowledges that MWD’s liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall MWD be liable for any special or consequential damages, loss or injury.

Copyright

While your site is in development MWD owns the Copyright to all pages. Once your site is completed and you have paid the balance of your invoice the copyrights are then transferred to you. MWD does not permit you to resell our work.

MWD cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Right to Refuse Service

MWD reserves the right to refuse services to anyone for any reason. This policy is enforced to ensure a professional and secure environment for all customers on our systems.

MWD reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Acceptable Use

Any attempt to undermine or cause harm to a server or customer is strictly prohibited and will result in immediate suspension of all services at MWD.

MWD takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of MWD may not use or permit others to use our network to send SPAM. Violations of this policy carry severe penalties, including termination of service and/or fines.

Payment terms
Domain Registration and Hosting fees must be paid before any work starts on the Client’s website.  Deposits for services are non-refundable as listed on the client’s contract.

MWD reserves the right to bill Client at 30-day intervals for work completed.

Prices are subject to change without notice.

MWD reserves the right to decline further work on a project if there are invoices outstanding with the Client.

Once a website has been designed and completed, the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken.

Delinquent invoices will be assessed a fee equivalent to 36% annually or $2.00 per month, whichever is greater.

MWD reserves the right to remove any website from viewing on the Internet if an invoice is over 90 days past due.

Collection fees of $50 applied to each account 60 days past due, w/ access denied.

Any such suspension or termination will not relieve Client from paying any outstanding fees plus interest and late charges.

The client will be responsible for any costs associated with collecting such fees including, without limitation, legal costs, attorneys’ fees, court costs and collection agency fees.

The client agrees that for purposes of venue, this agreement was entered into in Iredell County, North Carolina, USA and any dispute will be litigated or arbitrated in Iredell County, North Carolina, USA.

An additional charge of US $30.00 will be charged on all NSF (not sufficient funds) types of payments.

Any website that gets suspended for non-payment will be subject to a $50.00 administration fee prior to reinstatement.

Collections
MWD reserves the right to charge a minimum collection fee of $50 for delinquent accounts over 90 days.

Bandwidth Usage
Client agrees that bandwidth that exceeds the given rate on a monthly basis will pay an “overage” as detailed on the MWD website. MWD will monitor clients’ bandwidth. MWD shall have the right to take corrective action if the Client’s bandwidth is excessive.  Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement.  Any action taken is of MWD’s sole and absolute discretion. If MWD takes any corrective action under this section, Client shall not be entitled to a refund of any fees paid in advance prior to such action.

Cancellation
Either party may cancel this agreement upon written notification, however, any charges incurred to the date of receipt of notification shall be immediately due and payable. Charges shall be for any work in progress, contracted services fees, or software purchases for the purpose to suit the Client’s needs.

Domain registration and hosting fees are non-refundable.

Any Client in good standing can request and will receive FTP information to make a copy of their website files.  If the client needs all files on CD, there will be a $25.00 charge to produce the CD.  A $10.00 shipping fee will be included if postal service is requested.  All fees must be paid in advance of producing the CD.

Legal Notice
Notwithstanding anything to the contrary contained in this contract, neither MWD nor any of its employees or agents warrants that the functions contained in this website design project will be uninterrupted or error-free. The entire risk as to the quality and performance of this website design project is with the Client. In no event will MWD be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this website design project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor’s computer or internet software, even if MWD has been advised of the possibility of such damages.

Backups
At MWD we do not make regular backups of client websites, e-mail or databases.  It is the Client’s responsibility to maintain local copies of his own web content, e-mail, and databases.

Pricing Errors
Due to human error, our site may list an occasional incorrect price. While we make every effort to ensure these mistakes do not happen, MWD cannot honor incorrect prices. In the event an error is found, we will inform the Client before the order is placed. At that time the Client will have the option to place the order with the correct pricing or to cancel their order completely.

Closing

We are constantly refining and building on the Services we offer to our visitors and clients. As such, our available Services are subject to change at any time. Our Terms and Conditions (this document) are also subject to change without notice.  All changes in Terms and Conditions will be posted to, and available on, the Website at http://www.McBryde.com/TermsAndConditions.php as soon as possible.  We encourage you to check these Terms and Conditions often and we disclaim all liability for claims of damages arising from changes to Services or Terms and Conditions.