SnapAgility Web Design Terms & Conditions
The following terms and conditions apply to all web design and development services provided by SnapAgility to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client agrees to a website implementation 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 purchase or use of our services concludes that you have read and accepted our terms and conditions. If you want a paper copy, please talk to one of our sales representative or call us at 615-431-5199 and we will send you a paper copy via email, mail or fax.
Charges for services to be provided by SnapAgility are defined in the project quote that the Client receives unless the No Money Down Service is selected. Quotes are valid for 30 calendar days. SnapAgility reserves the right to alter or decline to provide a quote after the expiration of the 30 days.
Payment for services is due by check or credit card. Checks should be made payable to SnapAgility and sent to:
- SnapAgility Web Design and Online Marketing
- Address PO Box 35729 Canton, Ohio 44708
SnapAgility will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies SnapAgility otherwise within ten (10) days of the date the materials are made available to the Client.
3.1 Revisions: We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website design and development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $40 per hour.
Turnaround Time and Content Control
SnapAgility will install and publicly post or supply the Client’s website by the date specified in the project proposal, unless a delay is specifically requested by the Client and agreed by SnapAgility.
During the project, SnapAgility will require the Client to provide website content; text, images, video files unless otherwise specified or requested.
Failure to provide required website content:
We ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Invoices will be provided by SnapAgility upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (25) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or $30 per month of the total amount due.
Client agrees to reimburse SnapAgility for any additional expenses necessary for the completion of the work not outlined in the original estimate. Examples would be the purchase of special fonts, stock photography, etc.
No Money Down Inclusions: See the No Money Down Web Pagee for details on what the program includes. Program is subject to periodic change.
SnapAgility makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer Edge, Google Chrome, etc.). Client agrees that SnapAgility cannot guarantee correct functionality with all browser software across different operating systems.
SnapAgility cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, SnapAgility reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on SnapAgility’s Web space, SnapAgility will, at its discretion, remove all such material from its web space after 60-days. SnapAgility is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Checks returned for insufficient funds will be assessed a return charge of $25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay SnapAgility reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by SnapAgility in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing.
All SnapAgility services may be used for lawful purposes only. You agree to indemnify and hold SnapAgility harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants SnapAgility the rights to publish and use such material on your behalf. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting SnapAgility permission and rights for use of the same and agrees to indemnify and hold harmless SnapAgility from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. An approval for publish web content shall be regarded as a guarantee by the Client to SnapAgility that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified in the project quote, this Agreement assumes that any text will be provided by the Client in electronic format as will all photographs and other graphics.
A link to SnapAgility may appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in SnapAgility’s portfolio.
3rd Party Hosting: If the Client’s website is to be hosted on a third-party server, SnapAgility must be granted read/write access to the hosting provider storage directories. Depending on the specific nature of the project, other resources might also need to be configured on the server.
No Money Down Access: Third party access will be granted for “No Money Down” Websites only in instances for the publication of new content. Modifications to existing content needs to be requested through SnapAgility.
SnapAgility cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
All website designed by us are search engine friendly. However we do not guarantee any specific position in search engine results for your website. We perform search engine optimization according to current best practice at an additional cost.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
Regardless of the place of Client, you agree that for purposes of venue, this agreement was entered into in the State of Ohio, United States. Any dispute will be litigated or arbitrated in the State of Ohio, and you hereby consent to the personal jurisdiction of the Stark County, Ohio Courts.
SnapAgility may purchase domain names on behalf of the Client. Domain registration will include Privacy Protection in all instances. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of SnapAgility. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. Payment is an acceptance of our terms and conditions.
SnapAgility hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site.
The entire liability of SnapAgility to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.