Terms of Service

 

These Website Design Terms of Service (“Contract”) is entered into between MG Group Solutions (“Designer”) and Client, effective on written agreed-upon date (“Effective Date”) of purchase. This Contract shall be governed by the laws of the state of Georgia. 

 

1. Project Overview

This project involves the design and development of an informative website for use by Client totaling the amount agree to in email writing.

 

2. Project Scope

Designer agrees to provide website design services to Client for the development of an informative website. This Project is a design project based on the inputs received by Client. Designer will make every effort to incorporate Client’s vision and preferences into the final design.

 

1. Theme Design and Development: The proposed “Theme” provided in the initial proposal shall serve as the foundational design for the website. This Theme has been reviewed and approved by Client, establishing it as the starting point for the website’s development. During the development process, minor adjustments may be necessary to align the Theme with the remaining requirements and features. Client acknowledges and agrees to these adjustments, provided that the overall functionality (outlined below) is maintained without significant visual alterations.

2. Host, Domain, Email Setup: If Client does not purchase Domain & Hosting add-on, Designer will not facilitate the transfer of Client’s pre-existing  website domain, website hosting, and/or email services (if applicable) to new providers. Client affirms their intent to retain their existing domain, hosting, and/or email providers and acknowledges their adherence to the terms and policies set forth by each respective provider. With or without purchase, Client comprehends and assumes full responsibility for any unforeseen circumstances that may transpire beyond Designer’s control subsequent to the submission of all requirements, and those which Designer did not directly instigate during the website development phase outlined in this Contract. Such unforeseen circumstances, beyond Designer’s control or not directly caused by Designer, may encompass, but are not confined to, the following examples: deregistration (or “takedown”) of Client’s current domain, website hosting, or email service for any reason, cyber attacks, hacks, malware, ransomware attacks or unauthorized installations, significant alterations in plugins, or misuse of the site by Client or Client’s customers. Designer’s only responsibility, if paid for by Client, as it pertains to website hosting services, is to completely transfer the fully designed, agreed upon, final website onto Client’s desired hosting provider upon final payment described under Payment Summary. Client confirms that the current hosting provider possesses the necessary system requirements, including, but not limited to, storage size, server memory, RAM, usage load, and WordPress capabilities that accommodate the function of all built requirements stated under Project Scope. Client agrees that at the time of deployment onto the pre-existing hosting provider, all facets of the website will be in accordance with the terms and policies of each provider, as well as local laws.

3. Detailed Features/Requirements

   1. WordPress Installation and Basic eCommerce Functionality: The Designer will implement WordPress with fundamental informational capabilities on the Client’s existing website hosting provider.

   2. # Pages with Structured Sections: The website will consist of the number of pages agreed to in writing via email at time of purchase, each comprising no more than three visually distinct sections. These pages include Home, About, Contact, Services, and Testimonials depending on what was initially agreed to. All content for these pages will be provided by Client at the execution of this Contract. 

   3. Additional Customized Pages: # of supplementary pages may be created in accordance with the Client’s specifications provided and agreed to in email writing, each with no more than two visually distinct sections.

   4. Add-Ons

      1. Newsletter Integration: The Newsletter functionality aims to equip the Client with the capability to effectively track and engage with existing or potential customers, with their explicit consent. This will be achieved through seamless integration with a third-party service of Designer’s choosing. The services provided will include setup, configuration, and customization of one Newsletter Form to capture new user details, and no more than 2 eCommerce Campaigns: Welcome Discount and Cart Abandonment for registered users.

      2. User Management/Membership: The User Management and Membership feature is designed to go hand-in-hand with Newsletter Integration to enhance the shopping experience for designated customers in the form of eCommerce coupons. It encompasses the management of user accounts and their shopping  data, ensuring a tailored and personalized interaction. The services provided will involve the creation, setup, and customization of eCommerce coupons that  designated customers will be able to leverage via Newsletter communications. Additional coupons can be configured by Client for customers after Handoff. 

      3. Video Training for eCommerce Product Management: The Video Training component is structured to empower the Client with the proficiency to independently manage their WordPress site. This will encompass basic tasks such as adding, removing, and modifying products within the eCommerce platform or general website images. The training materials will be developed by Designer and provided to Client at the time of Handoff to facilitate a comprehensive understanding of product management processes.

      4. General Monthly Maintenance: The General Monthly Maintenance service will provide the Client regular upkeep of their website on a monthly basis for 12 calendar months by Designer, with the calendar month of Handoff counting as the 1st month. This includes the following services and allowances which do not accumulate from one month to the next: compatible plugin updates, updates to PHP or WordPress installations, and minor structural adjustments to elements limited to title, image, positioning, typos, or equivalent word-count changes, delete or modify only title, description, price, category, or subcategory attributes for one eCommerce product. An element is not a product, nor is a product an element. The Client may request up to 5 of these changes per month. Each manipulated element or product constitutes one request. In critical situations where immediate updates are necessary for website functionality, the Designer is authorized to implement them without prior consent from the Client. All changes will be executed directly on the live website.

6. Client Assumption of Risk: Client acknowledges and assumes full responsibility for any potential downtime or sudden crash of the live website resulting from the actions outlined in subsections 3.e.iv-v. In addition, Client acknowledges that if there is any downtime due to domain/hosting restrictions. suspensions, or any other unforeseen circumstance as described in Project Scope subsection 2, any sort of Monthly General or eCommerce Product Maintenance may not be feasibly delivered, and will not accumulate into the next month’s maintenance service as this is considered out of the Designer’s control. Client must communicate and consider any such unforeseen downtime to Designer before submitting a maintenance request. The Designer will take all necessary measures within their control, as defined in this Contract, to prevent such occurrences. 

6. Plugins

   1. Plugin Installation: The Client commits to having the Designer install any necessary plugins on the website to ensure the implementation of the stated Project Scope requirement. Additionally, the Client agrees to abide by the terms and policies associated with each installed plugin.

   2. Add-ons and Plugins: The Client acknowledges that certain add-ons may be provided in the form of plugins. Pricing considerations for these add-ons have been detailed in the Payment Summary.

   3. Payment for Plugins: The Client agrees to remit the quoted price for any required paid plugins, as specified in the Payment Summary. This ensures the seamless and timely development of all outlined requirements in this Contract.

   4. Recurring Costs for Plugins: Should any installed plugin necessitate a recurring monthly or annual fee beyond what has been accounted for in the Payment Summary, Client undertakes to directly cover the renewal cost with the respective plugin vendor.

7. eCommerce via WooCommerce

3. Payment Merchant/Processor: Client agrees that all online transactions on the eCommerce site developed by Designer will be processed exclusively through Stripe, a reputable and secure payment processing platform. No other card payment methods will be integrated into the website. Client acknowledges that they may be required to create a Stripe account or provide relevant information to set up the payment gateway. Designer will assist in configuring and integrating Stripe with the website, ensuring a seamless and secure payment experience for the end-users. By engaging in this contract, Client also agrees to abide by Stripe’s terms of service and any additional policies, fees or requirements set forth by Stripe.

4. Content Writing: Client agrees to provide Designer with all written and visual content along with clear indications of their intended placement on the website, in an organized manner upon the execution of this contract. Client affirms that all attached Appendix documents to this Contract are also binding and reflects the true stated requirements for the pertinent requirement under Project Scope. Client affirms that they possess ownership or appropriate usage rights for all written, image, and asset content showcased on the final delivered website. They also assume full responsibility for any claims arising in relation to this content after the website is deployed.

5. Browser Testing: Designer commits to conducting thorough testing of the website on the latest stable versions of two prominent web browsers, namely Chrome and Safari. This evaluation will extend to the two most widely used smartphone and tablet operating systems, iOS and Android. The objective is to ensure seamless functionality and optimal responsiveness across contemporary web browsers.

 3. Not in Scope

1. Theme Design & Development: Changes to the base Theme that may have a significant impact on key functionality across various areas of the website are considered out of scope for this Project.

2. Host, Domain, Email Setup: 

   1. The setup of the host server, domain and email services are out of scope if not purchased.

   2. The handling or communication of the unsuspension/re-registration of any service due to circumstances beyond Designer’s control such as a “takedown” is out of scope.

3. Features/Requirements: Any requirement not explicitly listed in Project Scope are deemed out of scope for this Project. Examples of such out-of-scope features/requirements include, but are not limited to, the following:

   1. Changing Content Management Provider, Theme, or Branding guidelines.

   2. Adding pages, sections, or product categories.

   3. Removing critical eCommerce pages, unless mutually agreed upon in writing and/or covered as part of a separate contract.

   4. Adding or removing existing add-ons, unless mutually agreed upon in writing and/or as part of a separate contract.

   5. The addition or modification of any Newsletter Form or Campaign not explicitly stated and delivered under Project Scope’s shall be considered out of scope.

   6. Additional training videos, unless mutually agreed upon in writing and/or as part of a separate contract.

   7. If Monthly Maintenance is purchased, changes in General or eCommerce Product Maintenance monthly allowances are out of scope.

   8. The addition of product variations or splits are not in scope. Examples include, but are not limited to, more than 1 color/size/dimension/variation per product. 

   9. The addition of any product only will fall under eCommerce Product Maintenance if the service is purchased. 

   10. The ability to generate product bundles.

   11. Adding new plugins, manual addition of users, Search Engine Optimization beyond what the free Rank Math plugin can provide out-of-the-box to the best of Designer’s ability.

   12. Any type of email configuration unless provided out-of-the-box via a Plugin.

   13. Any form of advanced security beyond what the free Solid Security Basic Plugin can provide out of the box.

   14. Customization of any out-of-the-box eCommerce feature unless previously stated in Project Scope.

4. Content Writing – Designer shall not generate any unique (written, image, asset) content on behalf of Client unless previously approved.

5. Browser Testing – Designer shall not test additional browsers, devices, operating systems outside what is stated under Project Scope.

   
   

4. Pricing & Payment Summary

Client agrees to pay Installment 1: a non-refundable deposit equal to one-half (1/2) of the total cost of the website development upon the execution of this Contract. Installment 2: shall be paid upon completion of all requirements not associated with recurring maintenance. 

 

5. Deliverables & Timeline

The Project is expected to be completed by the agreed-upon date provided in writing via email, provided that all necessary materials, inputs, and payment from Client are received in a timely manner. Client acknowledges and agrees that the project timeline outlined in this contract is an essential component of the agreement. Any delays beyond 7 days in the project timeline will result in a breach of contract.

In the event of a material breach, Designer shall have the right to cease all work on the project. Any payments made by Client associated with work affected by the breach shall not be refundable.

 

In the event of a delay, the parties may, at their discretion, discuss and agree upon a revised project timeline and associated milestones in writing via email. Any additional costs incurred due to the delay, including but not limited to rush fees or additional expenses, shall be borne by the Client.

 

6. No Modifications

This contract, once executed, may not be modified or amended in any way, except by written agreement signed by both parties. Any attempts to alter or amend this contract without the express written consent of both parties shall be considered null and void.

 

7. Ownership and Copyright  

Upon final payment and completion of the requirements leading to Handoff, all rights to the design, code, and content created for the website will be transferred to and owned by the Client. Client will have full ownership and copyright of the website. 

 

8. Termination  

This Contract will automatically terminate when both Parties have performed all their obligations under the Contract and all payments have been made.

 

Should there be a desire to terminate the agreement before the completion of the project, Client will notify the Designer 7 days in advance via email, and pay for services already completed.

 

9. Confidentiality  

Both parties agree to keep all information shared during the course of this Contract confidential and to not disclose it to third parties.  

 

10. Limitation of Liability

Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this Contract.  

 

11. Dispute Resolution

In the event of any disputes or disagreements arising out of or relating to this agreement, both parties agree to seek a resolution through alternative dispute resolution methods such as mediation and arbitration, before pursuing litigation. Each party shall be responsible for their own attorney’s fees and other costs associated with the dispute resolution process, unless the arbitrator or court determines otherwise.

 

12. Governing Law  

This Contract shall be governed by the laws of the state of Georgia.  This Contract is entered into by the parties as of the Effective Date.

 

13. Acceptance

The client named below verifies that the Terms of Service is acceptable. The parties hereto are each acting with proper authority by their respective companies.