Terms & Conditions
SCOPE OF WORK
This agreement is between you ("Client ") and Urban Craft Media ("UCM Inc."). Collectively, all people or businesses entering this Agreement will be referred to as the "Parties."
Purpose of the Agreement
Client wishes to hire UCM Inc. to provide services relating to Client as detailed in this Agreement. UCM Inc. has agreed to provide such services according to the terms of this Agreement.
UCM Inc. shall provide Client with the following services and/or products ("Services"):
The objective is for your new website to act as the the hub for your business. All relevant systems will integrate
and communicate with your website, and most processes will be automated! At a minimum, you get:
1. Premium Web Design
6 (six) fully branded web pages including typography, colors, and imagery
Fully integrated purchasing solutions
All content optimized for mobile & tablet viewing
Social media integration
Software integration & organized business systems
2. Custom CSS and Coded Features
This is to enhance the design and functionality to maximize revenue. Specifically:
Upsells & cross-sells when people make a purchase - this has an average of 50% conversion rate. Imagine the impact to your bottom line if every other customer buys an additional item!
Abandoned cart nudge emails to get people to come back and complete their purchase - a whopping 70% of customers start, but don't complete their purchases. These emails can get about a third of those people to come back and complete their purchase!
Wish lists - let people shop for now and later!
Buy now pay later payment options - but you get your money up front!
Tracking pixels will lower your marketing costs if you decide to do paid advertising.
3. Copywriting & Photo Editing
About page and service descriptions will be rewritten using persuasive copy to maximize engagement and donations.
Photos will be touched up or edited to fit with the site theme or stock photos will be used.
Content will be evaluated for keyword usage and suggestions will be given to increase SEO
4. Training Session for Website
A 45-minute training session where you'll learn everything you need to know before you launch. We'll go over how to login, access important information, change words and swap photos on the actual site, Add or edit products and services
5. Tech Support
For 2 weeks post-launch, we’ll be around to help make tweaks to your website, give you tech support, answer questions and general business support. That’s enough time to work out any kinks and get your staff rocking and rolling. If support is wanted for longer than 2 weeks, you can purchase ongoing monthly maintenance or a maintenance package with a predetermined amount of credits.
TERMS & CONDITIONS
This contract for Web Design is made effective the date of the first payment between you ("Client ") and Urban Craft Media ("UCM Inc."). Whereas UCM Inc. is engaged in the business of providing services relating to web design and whereas Client is interested in availing such service of the UCM Inc.
In furtherance to the above, the Client hereby agrees to and does hereby engage the services of UCM Inc., and UCM Inc. hereby accepts the engagement to design and to do the work hereinafter specified by Client in connection with the project.
Cost, Fees and Payment
The total cost ("Total Cost") for all Services depends on the scope of your specific project, but the standard rate is $3,985. You may pay in full or opt for 2-6 installment payments, due every 28 days. There is a no-penalty, one week grace period. After 7 days, past due accounts will be placed on hold and there is a $200 fee to resume the project. If the account reaches 30 days past due, the contract will be subject to termination with no obligation of refund or services and your published site will be taken offline. Payment is due in full before website ownership is transferred via email.
These costs are included for an entire year! After that, you will be responsible for maintaining these fees to keep your site up and running. This totals to about $35/mo but can.
Client shall pay the Total Cost to UCM Inc. as follows:
The first $900 payment is a non-refundable retainer after 24 hours. At a minimum, Client agrees that the retainer fee fairly compensates UCM Inc. for committing to provide the Services and turning down other potential projects/clients.
DESCRIPTION OF SERVICES: Beginning on the date a deposit is made, UCM Inc. will provide to Client the design services as described above.
You may cancel your order and receive a refund within 24 hours of payment. If you pursue a refund after the 24-hour grace period, it is up to UCM Inc.'s discretion. There are absolutely NO refunds on any design work that has been started on. Any person pursuing to get a refund or proceed with the process of obtaining a refund after work has been started on or issued out will have this contract voided and all services originally applied for will not be obligated to be completed unless otherwise stated.
Every new client will receive a timeline of their project with material due dates, meeting review dates and milestones. All materials needed for the project must be provided no later than 30 days from the start of the project. If all materials needed for the project and/or design are not provided to UCM Inc. within 30 days ,the project will be put on hold and there is a $200 project restoration fee to resume progress. Alternatively, the contract is subject to termination with no obligation of refund or services.
At any point in time if the client decides they no longer want the service they have purchased, they are welcome to decline further services, but no refund will be issued and the contract will be void, once client has agreed to not continue services rather it be verbally or in writing.
Turnaround time can vary depending on the project and/or design requested, the complexity of the design, if all items needed are given to the designer, and the workload at the time of ordering. The standard however is a 4-week turnaround time unless a rush order is placed. The rush on different services vary depending on what is being rushed and if all materials were provided in a timely manner. Rush times on big packages start from the date all materials are given to the designer from the client. Turnaround times on individual services start from the date all materials are obtained from the client to the designer as well.
All turnaround times are subject to change and or be delayed depending on the designer and materials obtained from the client and complexity of design services requested.
Any project that spans more than 10 weeks due to delays caused by Client will incur a $275 surcharge.
Client has ability to provide their own images for banners, blogs, backgrounds and other visual appealing areas of the website but if they do not have their own images UCM Inc. can use royalty-free stock photography until Client can provide images of their own.
INVENTORY OR CLIENT PRODUCTS
Inventory input will only be done if the products are provided with their own images, product price, specifications, measurements, etc. If any of this information is missing, UCM Inc. will delay the turnaround of input. Input inventory turnaround is measured depending on how many items will be inputted. Please consult with UCM Inc. regarding turnaround time on your particular order.
CLIENT AGREES TO PAY UCM INC.AS FOLLOWS:
Payment shall be made to UCM Inc. with a credit or debit card online, over the phone or over Zoom. We require all projects to be paid upfront before any work is begun. If your order is $900 or less, we require the full amount due to be paid. If your order totals over $900 you are required to make a deposit to begin work on your order. In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, UCM Inc. Has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies. No refunds are given on any services once work on a client project is reviewed and the process is in progression. Once in progression if client proceeds at any time during this creation of their service try to process a refund or return of funds this contract is considered void and services are no longer obligated to be completed unless otherwise determined by UCM Inc.
ADDITIONAL EDITING AND CHANGES
Any requested changes to the description of services stated above shall constitute additional editing and may incur additional charges or fees as deemed necessary by UCM Inc. All additional changes must be submitted and approved by both parties in writing. Turnaround time on all changes and revisions can vary depending on the complexity of the design and the workload at the time of the request. There is NO STANDARD TURNAROUND TIME ON ANY REVISIONS, but we do strive to complete revisions within three days.
Termination of contract is decided upon completion of services or if refund procedure is pursued at any time during the creation of the project once work has been started on or issued out. At that point this contract will be void and terminated and further work and or services is not obligated to be completed unless otherwise determined by UCM Inc.
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by UCM Inc.in connection with the Services will be the exclusive property of Client. Upon request, UCM Inc. will execute all documents necessary to confirm or perfect the exclusive ownership of Client to the Work Product. PSD Files are never released unless a fee is paid. To obtain this file please email email@example.com for this request.
BORING LEGAL STUFF
REPRODUCTION OF PRODUCT
Upon successful completion of all compensation terms and outstanding balances owed to UCM Inc., Service Recipient is granted full and unlimited reproduction rights to the Project. UCM Inc. retains the right to reproduce the Project in any form for marketing, future publications, competitions or other promotional uses. UCM Inc. shall at no time reproduce the Project for use in commercial means or for-profit use.
Service Recipient may not reproduce or otherwise use design mock-ups, drafts, sketches etc. created by UCM Inc. during work on the Project but not included into the final version of the Project. Such artwork belongs solely to UCM Inc. who may use it at its own discretion.
UCM Inc., and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of UCM Inc., or divulge, disclose, or communicate in any manner, any information that is proprietary to Client . UCM Inc. and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this
Upon termination of this Contract, UCM Inc. will return to Client all records, notes, documentation and other items that were used, created, or controlled by UCM Inc. during the term of this Contract.
UCM Inc. shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in UCM Inc. community and region and will provide a standard of care equal to, or superior to, care used by web designers like UCM Inc. on similar projects.
The occurrence of any of the following shall constitute a material default under this Contract:
• The failure to make a required payment when due.
• The insolvency or bankruptcy of either party.
• The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
• The failure to make available or deliver the Services in the time and manner provided for in this Contract.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with enough detail the nature of the default. The party receiving such notice shall have 5 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
If the performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non- performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
This Contract shall be construed in accordance with the laws of the State of ALL STATES.
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
The laws of Georgia govern all matters arising out of or relating to this Agreement, including torts.
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
This Agreement constitutes the final, exclusive agreement between the parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
The parties may amend this Agreement only by the parties’ written consent via proper Notice.
Acknowledge that you agree to the terms by entering your information below. You will immediately be sent a copy of the agreement to your email.