Clients agree to pay in full for all work designed and/or produced by Mackey Web Design for which they have placed an order. Mackey Web Design requires 50% of the total order to be paid in advance, in the form of one of the following: credit card, checks, money orders, or cashiers check, before work is started on design project. This deposit is non refundable once work has begun. The remaining 50% balance must be paid in full after completion of the design(s) and approval* of the design(s), before site goes live. When ordered, search Engine Promotion and the submission of the Web Design Project to Web search engines occurs only after the full final payment is made. All payments will be made in U.S. Dollars. *Mackey Web Design does everything possible to make sure Client is 100% satisfied with each design and will make 'reasonable' changes accordingly to the first design shown to client, to the final. Near or upon completion of Client's ordered design(s), opportunity will be given to view all or portion of design(s) for adjustment, corrections and/or approval. In Mackey Web Design's attempt to transfer clients' visions into real and functional designs, sometimes minor rework or adjustments of completed work is required, and Mackey Web Design will certainly give Client opportunity for review and/or approval as indicated above, however it is not within 'reason' to request an indefinite amount of changes, and therefore Mackey Web Design will not rework a design an unreasonable amount of times over for the price of doing it once. AFTER FINAL APPROVAL, PAYMENT AND DELIVERY OF COMPLETED PROJECT the order is considered done and any new requests are considered new project orders.
Mackey Web Design and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project after Client has submitted all necessary materials. If the Client does not supply Mackey Web Design with complete text, graphics and other needed content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Mackey Web Design as liquidated damages and the contract shall become null and void, at Mackey Web Design's option, unless the Web Design Project is canceled in writing by the Client prior to 45 days of the effective date of the agreement.
The final web site design project will be published to the Client's hosting service upon receipt of final payment. Hosting services require a separate contract with the hosting service of the Client's choice, whether us or another provider. The Client agrees to select a hosting service which allows Mackey Web Design full access to the Client's account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges.
Web Design Project Copyright
Copyright to the finished web design site produced by Mackey Web Design will be owned by client once payment is made in full. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. Mackey Web Design and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a link to Mackey Web Design' s Services Web Site.
Notwithstanding anything to the contrary contained in this contract, neither Mackey Web Design nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Mackey Web Design be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, client's visitor's computer or Internet software, even if Mackey Web Design has been advised of the possibility of such damages.
The original agreement constitutes the sole agreement between Mackey Web Design and the Client regarding their Web Design Project. Any additional work not specified in the original agreement or any other amendment or modification to this agreement must be authorized by a written request acknowledged by both the Client and Mackey Web Design.
Any legal action due to violation of this contract and or copyright violations will result in financial cost, fines, court costs, and miscellaneous expenses, and will be the sole responsibility of the client as set by the laws of the United States. Client hereby releases Mackey Web Design from any and all legal actions or monetary settlements arising from violation of this contract. Mackey Web Design will display all work completed on this site for the means of advertising services and however similar to promoting its firm, unless client specifically states in writing otherwise. Client's paid deposit and /or signed or electronically signed signature signifies the agreement to be binding.
Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. We expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this agreement. We may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of our terms and conditions stated above.
Changes to our Web Design Terms
We reserve the right to amend or revise our Terms at any time. The revised information will be posted on this page.
Last Updated: July 30, 2015