Terms and Conditions
Payment Obligations, Renewals, and Cancellations
- Website Development Payment Obligations: A down payment is required
to begin development of your website. This is usually 50% of the upfront design fee,
unless an alternative contract or proposal specifies a different amount. The
outstanding balance on your website is due after the design, navigation and pages
have been approved and built. Final payment is due regardless of whether all content
for the pages has been sent by the client. This provision is in place to encourage
the client to get content submitted promptly so that their site can go live. It also
ensures that MarketWicks gets paid for performing their duty under the proposal,
despite tardy content from the client. After payment, MarketWicks will still post
outstanding content AT NO CHARGE for 3 months. In the event an “under construction”
page is posted due to missing content, MarketWicks will post ONE copy of any
text/pictures on existing pages only, for up to 3 months after publish date. After
the three months have expired, content posted to site will be billable at our
current regular hourly rate. If design and navigation changes are requested by
client after they have been specifically approved by the client, these changes will
be billable at our current regular hourly rate.
- Website Development Cancellation: If site design and development
work has already begun (such as creating a design concept), then the down payment is
non-refundable. MarketWicks may elect at its sole discretion to offer a partial
refund depending upon the circumstances.
- Stock Photography Payment Obligations: Stock photography includes
most photos and/or images not provided by the client. Stock photography purchased on
behalf of client for use in website development is billable. This amount is separate
from the amount quoted for website design and development. Some pictures are more
expensive than others, in which case we will solicit client approval and communicate
the cost to purchase photos before purchasing.
- Description of Ongoing Costs: There are 2 types of ongoing costs:
domain registration/renewal and hosting.
- Domain name registration/renewal: This cost recurs
annually. Domain name registration gives you exclusive rights to a certain
name, such as www.mygroup.org, so that you can use it for your web-based
purposes. You are NOT required to register a domain through us, but we
strongly PREFER that you do. Many services are not honest in the way they
sell names and we spend a lot of time helping people re-secure rights to the
name they thought they had already purchased. If you have registered your
own name, make sure you have yourself as the Registrant and Administrative
Contact with a current, easily accessible email address. This will help to
ensure that your domain can be renewed or transferred should the need arise.
Domain name registration fees are not refundable.
- Hosting: This cost recurs annually.
Hosting places the website on a server connected to the web, which allows
you to post a website for viewing through a browser. You are NOT required to
host through us, but we strongly PREFER that you do. Hosting comes with
domain-based emails, bandwidth, storage space, database and security tools,
and other features. Projects that involve custom programming must be hosted
with MarketWicks to ensure the programs that we write will work. If you want
to host your site on another server this must be disclosed before we begin
programming.
- Hosting Renewal Payment Obligations: Your hosting account
will be automatically renewed unless you give written notice to MarketWicks
fifteen (15) days before the renewal date that you do not wish to renew the
account.
- Hosting Cancellation Payment Obligations: You may cancel at
any time. If you cancel before the first 30 days from the opening of your
account, please refer to the details under “Limited 30-day Money Back
Guarantee.” If you cancel after the first 30 days, you will be obligated to
pay all fees and charges accrued prior to the effective date of the
cancellation. MarketWicks will refund the prepaid fees for basic hosting for
the full months remaining after effective date of the cancellation, less any
prior fees and charges, and an early cancellation fee of ₹ 1950. Accounts
that
are terminated by MarketWicks for abuse or violations of internet standards
or these terms and conditions will not receive any refund. All cancellations
must be received in writing according to the deadlines indicated: regular
mail and e-mail are acceptable. Phone requests will not constitute
acceptance of any cancellation. Refunds will be issued back to you within 10
business days from your cancellation date.
- Hosting Transfer Payment Obligations: If you wish to
transfer your hosting to another provider MarketWicks can, upon request,
assist with this. There may be charges related to any transfer that cannot
be easily facilitated by providing cpanel access and/or ftp access.
- Limited 30-day Money Back Guarantee on Hosting: If you are
not completely satisfied with our services within the first 30 days from the
opening of the account, you will be given a refund on your hosting fee
excluding setup fees and time accrued from setup date. If paid by credit
card, refunds will be issued to the original credit card provided at the
time of purchase. If your account has been cancelled by us due to a breach
of the terms and conditions on your part, you will not be eligible for a
refund. Domain name registration is non-refundable.
- Sites NOT Hosted by MarketWicks: Should client decide to
host their site on another server, MarketWicks cannot guarantee that all
elements of the site will work. MarketWicks will make a reasonable effort to
research the problem on the foreign platform to let the client know what we
think the problem is. However, we cannot take responsibility for problems
caused by or on another hosting server, including but not limited to email,
FTP, SSL, database, server software, and site security issues. If
MarketWicks
believes it will take a significant amount of time to fix the problem, we
will advise the client before proceeding. In most cases, fixing problems on
a foreign hosting server is billable.
- Website Maintenance: There are no required maintenance fees other
than domain registration and hosting. Most people do some work on their site every
year, for which we offer several plans. We can make certain parts of the site
updatable by you by implementing a custom Content Management System. For work we do
on the site after going live, we charge on an hourly basis. If you expect that
maintenance will be a regular occurrence, you can buy a prepaid maintenance contract
that affords a discounted hourly rate. If need be, we can customize a maintenance
plan for your needs, but no plan is required.
- Website Maintenance Payment Obligations: Depending
upon the nature of the website changes, prepayment may be required. Should the
client be invoiced after the changes are completed, the invoice is due upon receipt.
If payment is not received within 30 days, the maintenance changes may be taken down
until payment is received. After 60 days, there may also be a reposting fee added to
the outstanding maintenance invoice balance.
Development Process
- Homepage Design – Once the site design is approved by the client,
usually via email consent, the design is considered ready for implementation. Should
the client wish to make changes to a design they have approved, those changes are
billable at our standard hourly rate.
- Navigation – Once site outline/map is approved by the client,
usually via email consent, the site navigation is considered ready for
implementation. Combined with the approved graphic design, this becomes the site
structure. Once we build this structure per client approval, any subsequent changes
are billable at our standard hourly rate.
- Content – Provision of content is customer’s responsibility, unless
specifically negotiated ahead of time as part of the project proposal.
- Text content – Copy for all website pages and links needs
to be delivered digitally and should be carefully proof-read by the client.
Two rounds of revisions will be provided free of charge. Subsequent
revisions will be billable at our regular hourly rate.
- Copy development – Should client wish MarketWicks to
develop
content for the site, website copy is billable at our regular hourly rate.
Development of copy is accomplished via MarketWicks Web Development
interviewing the client about the topic areas to be addressed on their web
pages. MarketWicks then composes appropriate copy, submits to the client for
review, edit, and approval. Approved copy is then posted to the web pages.
- Graphical content – Images outside of the website design
must be provided in digital form or in a form that can be easily scanned,
unless otherwise provided for in customer’s contract. Subsequent revisions
will be billable at our regular hourly rate.
- Database Implementation – Entry of data for database applications
is considered client’s responsibility. Entry of data by MarketWicks is billable,
unless otherwise provided for in customer’s contract.
- Email – We offer free domain-based email accounts
to our clients as part of any hosting contract. If site is not hosted by
MarketWicks,
we take no responsibility for setting up and troubleshooting email problems.
- Training – For websites with administrative control panels or
content management systems, a one-hour Basic Training (Editor Access) will be
provided. Additional training and/or Advanced Training can be scheduled at an
additional fee.
- Technical Support – We offer local and long-distance phone support
to our clients.
Training and Tutorials
Because customer service is in integral part of our business strategy, our projects
include a one-time complimentary training session in order for our clients to better
make use of their new web technology. Additional training hours can be purchased at our
standard hourly rate or applied against your existing maintenance contract.
Domain Transfers and DNS Management
For domains not originally registered with MarketWicks, there will be a fee to either
transfer to the domain into our registration platform, or to transfer-out to another
registrar. If your domain is not registered with MarketWicks, DNS management and
troubleshooting tasks are billable at our hourly rate.
Websites with Proprietary Source Code
Should client contract with MarketWicks to write custom code for a website application,
this code is not transferable to a new developer or host. Custom written source code is
considered the property of MarketWicks Web Development and cannot be shared with other
developers. Clients are granted a license to use custom software code while on
MarketWicks servers only. MarketWicks Web Development retains ownership of the code.
In some cases, MarketWicks will install software for the client’s use that has been built
by a third party. Examples include WordPress software, FCK editor software, shopping
carts, photo galleries, etc. In these instances, clients will be subject to the terms
and conditions of the third party who owns the software, and may use the software as a
licensee only. No ownership rights of any kind are transferred to the client.
Access to or transfer of proprietary source code could result in a security risk to
MarketWicks and its clients who are running similar pieces of code. In order to provide
custom software development services, clients give us access to private and/or sensitive
information, trade secrets, proprietary pricing and business methods. If clients
believed that we may be sharing this information with outside developers, they could
lose faith that we are protecting their proprietary information. Therefore, neither
access nor transfer of any code built for any purpose that is unique and not commonly
and publicly available can be granted. Should client want us to build software to run on
another server, it must be disclosed upfront and specifically contracted for.
Website components that ARE transferable to another host include html code, graphics,
logos, pictures, navigation, text, and the data residing within a database (but not the
code). Hourly fees will apply for any special work that needs to be done to transfer
those parts of website that do not violate the other paragraphs in this section.
Non-Domain-Based Troubleshooting
MarketWicks Web Development maintains and troubleshoots the websites we develop for our
clients, as well as any domain-based email accounts of those websites. We do NOT assume
responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs
(Internet Service Providers), ISP-based email accounts (name@charter.net,
name@3rivers.net, etc), your home or office internet connections, or any other
non-domain-based issues outside Shortgrass Web Development’s realm of service. Provision
of non-domain-based troubleshooting services will be billable at our normal hourly rate.