Following are terms of services for website development and other services provided by Digital Reach Online Presence Management (Digital Reach).
It is not necessary for any client to have signed an acceptance of these terms and conditions for them to apply. If a client accepts a quote, as indicated via email, then the client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any accepted quote, purchase, or use of Digital Reach services implies acceptance of our terms and conditions.
Charges for services to be provided by Digital Reach are defined in the project quotation that the client receives via e-mail. Quotes are valid for a period of 30 days. Digital Reach reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Digital Reach offers a number of payment methods, including Automatic Clearing House (ACH) payments via https://digitalreachopm.com/ach-authorization/, PayPal payments, and payment via check. Invoicing will generally be done via PayPal. Credit card payments incur a 3% service fee.
For custom website development, Digital Reach requires a minimum of 50% down payment before the project commences. Digital Reach reserves the right to classify the 50% down payment as non-refundable, and Digital Reach may modify the down payment required at its discretion. The final balance is due when the website development project is complete. If Digital Reach is developing a website that is not also hosted by Digital Reach, final payment for the project must be received prior to project launch or relinquishing ownership to customer.
Adherence to Proposal
It is the responsibility of the client to review in full all proposals for website development, website design, and other services provided by Digital Reach. Should services or resources fall above the scope of the original proposal, Digital Reach reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Digital Reach reserves the right to require payment for add-ons that fall above the scope of the original project prior to development, although, generally, add on costs will be added to the client’s final invoice.
Digital Reach will provide the client with an opportunity to review the appearance and content of the website one time at the end of the website development phase. This does not mean that the client will only have one sitting to view the website; rather, it means that the client will get to see the project at one point in the design process instead of seeing/signing off on individual pages and elements as they are completed. The price point at which Digital Reach offers web design services does not allow for a lengthy back and forth process throughout the entirety of the web design process; the website preview at the end of the website development phase and the subsequent revision requests (see Revisions) should account for the entirety of client-led changes to the website. Clients may elect to have one phone call, not to exceed 45 minutes, to discuss the website preview and to convey their general comments and requests. However, formal change/revision requests must be submitted via email so as to give Digital Reach designers a written record of all requests (see Revisions). At the completion of the project, such materials will be deemed to be accepted and approved unless the client notifies Digital Reach otherwise within five business days of the date the materials are made available to the client.
It is fully expected that clients will have change and revision requests upon viewing their website preview at the end of the website development process, and Digital Reach is pleased to offer clients the opportunity to make revisions to their design. However, Digital Reach reserves the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if the client makes a change to design specifications that the client had previously approved.
Client revision requests should be submitted via email, preferable in a line in, line out, picture in, picture out format. Clients are asked to compile all requested changes into a minimal amount of emails instead of sending requests one email at a time. Once Digital Reach has received all change requests, Digital Reach designers will make the changes and then turn the site over to the client for final review. At the final review, it is expected that only minimal changes will be requested and made. Digital Reach reserves the right to bill for changes requested at the final review that were not indicated following the first preview.
Support & Consulting
All new client projects come with two hours of free support via email. Beyond this, all Digital Reach staff time spent on client accounts is billable. Estimates on customization, new functionality additions, or new services are considered consulting, as there are no “quick” estimates on custom web database applications. Defects in workmanship will always be addressed and fixed free of charge.
It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by Digital Reach will result in delay of project or risk putting the project on hold. Digital Reach may invoice the customer for additional resources should the delay of a project interrupt the Digital Reach workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.
The client must supply all materials and information required by Digital Reach to complete the work in accordance with any agreed specifications. Such materials may include, but are not limited to, photographs, written copy, logos, and other material. Where there is any delay in supplying these materials to Digital Reach which leads to a delay in the completion of work, Digital Reach maintains the right to extend any previously agreed deadlines by a reasonable amount.
Website Go-Live & Access
A project is considered complete when full development scope has been reached and the project is approved by the customer. Should the customer request changes beyond what was agreed to in the original proposal and/or beyond which the customer has already specified in email following the client’s website preview, Digital Reach reserves the right to complete these changes at additional cost.
Once a project is considered complete, the customer has one business week to launch the website or provide Digital Reach with credentials necessary to make the website live. Failure to launch a website within one week of completion of the project may delay the go-live date and may incur additional expenses at Digital Reach’s discretion. Once a project is complete, all changes requested will fall under Digital Reach’s standard website maintenance schedule. Account access to website and written or verbal training, as agreed to in the initial proposal, will be granted only after final payment for the project is received by Digital Reach.
If Digital Reach employees are locked out of a website after it has been turned over to the client or otherwise denied access to the website and site files, all service agreements are deemed void. No refunds will be given for any reason. Continuing services with Digital Reach after access has been denied will incur a $50 administrative fee, and Digital Reach then reserves the right to change the terms of the service agreement or refuse to re-enter into an agreement with the client.
Domain Names & Hosting
Digital Reach may purchase domain names and/or hosting from third parties on behalf of the client. Payment and renewal of domain names and hosting is the responsibility of the client. The loss, cancellation, or otherwise of the domain or hosting brought about by non or late payment of the client is not the responsibility of Digital Reach. The client should keep a record of the due dates for payment to ensure that payment is received in a timely manner.
All Digital Reach services may be used for lawful purposes only. Clients agree to indemnify and hold Digital Reach harmless from any claims resulting from the use of any Digital Reach service that damages the client or any other party.
Once the final invoice has been paid by the client, the client retains the ownership and copyright to data, content, files, and graphic logos provided by the Digital Reach. It is the client’s responsibility to obtain permission and rights to use any information or files that are copyrighted by a third party. The client is further responsible for granting Digital Reach permission and rights for use of the same and agrees to indemnify and hold harmless Digital Reach from any and all claims resulting from the client’s negligence or inability to obtain proper copyright permissions. A contract for website design shall be regarded as a guarantee by the client to Digital Reach that all such permissions and authorities have been obtained.
A link to Digital Reach will appear in small type at the bottom of the client’s website. The text link will be designed to fit in with the overall site design and will not be obtrusive in any way. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $5000, a fixed fee of $500 will be applied. Even if the client has access to the back-end of the website, the client maintains no right to remove this design credit link without payment.