Terms & Conditions

1.   Design Fee

1.1        50% of Design Fee is due at the time of order. The remaining 50% of design fee is due within 30 days from receipt of the order or at the time of completion of the order, whichever comes first.

2.   Annual Maintenance Fee

2.1        For clients who host their site through Red Oak Web Design, Client will be automatically charged an annual fee of up to 10% of the original design fee to maintain the web site, which can be cancelled after a minimum of 1 calendar year. For those clients who provide their own hosting, maintenance fee and associated services do not apply. (See below for details)

3.   Terms & Conditions

3.1        Payment

50% of Design Fee is due at the time of order. The remaining 50% of design fee is due within 30 days from receipt of the order or at the time of completion of the order, whichever comes first. Late payments will be charged a 1.5% compounded monthly late fee. Should a payment be late, Red Oak Web Design reserves the right to freeze all work until accounts are settled. Payments will be made via Paypal.

3.2        Annual Maintenance Fee

Maintaining a functional web site involves hosting services, domain renewal, maintenance and security updates, and other services.  Web sites created by Red Oak Web Design are provided as a full service, which includes all necessary maintenance updates and services for the first year.  After the first year, the Client will be automatically charged an annual fee of 20% of the original design cost to maintain the web site.  The Client may choose to cancel this services at any time, and the web site will be shut down at that time.  Red Oak Web Design also provides up to 2 hours of work per month toward the web site, which can include text or photo content changes, or basic design tweaks. Any work beyond 2 hours per month will be billed at an hourly rate.  Red Oak Web Design will notify the client before exceeding this 2 hour limit, so no hourly charges will be incurred without the Client’s prior consent.

 

3.3        Ownership

In exchange for the stated Design Fee, Red Oak Web Design will provide a Finished Product(s) to the Client in the form of a fully operational web site, inclusive of all necessary files, as well as one year of hosting and domain services. The web site and design are provided as a service, and these files become the exclusive property of the Client upon acceptance of delivery. However these files are partially based on a non-exclusive code base created and maintained by Red Oak Web Design and in some cases existing code was used to help create the deliverables. Such code and other underlying technologies do NOT become the property of the Client, only the Finished Product(s). In addition, the Finished Product(s) may depend on code, objects (COMs), and other third party utilities that are the property of their respective owners. No rights to these dependencies is expressed or implied. Additional licensing may be required with third party assets.

 

3.4        Point of Contact & Training

Red Oak Web Design will require one point of contact during the Contract for clarifying requirements for design, key features, usability and maintenance issues. Red Oak Web Design requires this person be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions.

3.5        Independent Contractors

Red Oak Web Design retains the rights to subcontract any portion of the Contract.

3.6        Response Time

Red Oak Web Design works exclusively with Independent Contractors. The benefit of a flexible team is rapid scalability and a diverse set of services.  Due to the nature of the business model, Red Oak Web Design is not set up to support on call services. Within the duration of this Contract, Red Oak Web Design will make every effort to reply to inquiries within 48 hours except where The Client has been previously notified of a period of limited availability. Red Oak Web Design will respond in good faith but cannot guarantee any specific action within a given time frame.

3.7        Dependencies

In the event that any aspect of this Contract is dependent on a separate third party or the Client’s in house team, the quality and punctuality of the Finished Product(s) may be subject to said party’s ability to meet the required timelines and/or level of quality. Red Oak Web Design is not responsible for any delay or defect caused by separate third party or the Client’s in house teams.

3.8        Hosting

Red Oak Web Design provide web designs as a complete service unless otherwise specified, which includes hosting services, domain renewal, and other associated services in maintaining a functional web site. Red Oak Web Design uses a third party Hosting Provider and as such is NOT responsible for down time, poor performance, or loss of data caused by the Hosting Provider.  Red Oak Web Design will maintain the web site files to ensure compatibility with the latest technologies from the Hosting Provider.

3.9        Backups

Red Oak Web Design maintains internal backups of active project code and design files. These backups are taken periodically to ensure the ability to restore a web site in the case of errors or Client updates. In the case that the Client takes action that compromises the web site, Red Oak Web Design will make every effort to restore the site to it’s previous state.  This service is provided as a courtesy to the client, and is not guaranteed.

3.10    Security

In order to minimize the chances of security violations, Red Oak Web Design keeps all systems and services up to date. However, due to the nature of rapidly advancing technology, Red Oak Web Design can in no way guaranty that the Finished Product(s) will not be subject security breaches. Red Oak Web Design recommends the use of strong passwords and the observance of standard security practices.

3.11    Limited Liability

The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) obtaining the required licenses and respect copyright for any and all third part assets including but not limited to fonts, media, and software added by the Client.

 

The Client agrees that any liability of Red Oak Web Design relating to this agreement and the services performed shall be limited to the amount of fees actually received by Red Oak Web Design, from the Client under this agreement regarding the services in question. In no event shall Red Oak Web Design be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.

3.12    Warranty

Red Oak Web Design will provide patches and bug fixes for any bugs or issues included in the scope of this contract reported within the period of 1 year following the date of order completion as defined by the date the client places the original order. All bug fixes outside of the project scope or after the first year will be subject to an annual maintenance fee.

3.13    Credit

Red Oak Web Design retains the right to use the Client within its roster of clients. A link to the The Client website/application website will be placed on the Red Oak Web Design web site as part of its business portfolio.

3.14    Review, Expiration or Cancellation

This Contract is valid for the duration that the Client retains the web site from Red Oak Web Design. This Contract may be terminated by either party with a full 30 day written notice. Upon the termination of Contract, the web site and associated hosting services will be terminated, and the domain will not be renewed. All offerings from Red Oak Web Design are offered as services, and as such are subject to an annual maintenance fee.  Upon termination of the contract, no refunds will be provided, and the web site will no longer be accessible.