Terms and Conditions
(aka: the small print)
Sue Wallis Williams (dba Wallis Williams Design and Marketing) and Client
The Client warrants that they are the full copyright owner of all concepts, content, and any graphics that are provided by the Client as they relate to their website.
The Client indemnifies Sue Wallis Williams against any liability or suit arising from the use of any materials provided by the Client.
The Client indemnifies Sue Wallis Williams against any loss or damage arising directly or indirectly from any unauthorized use of the Squarespace server (Facilities) or any hosting platform to which Sue Wallis Williams is granted remote access, provided that such unauthorized use has not arisen as a result of any material breach by Sue Wallis Williams of its obligations under this Agreement.
Sue Wallis Williams is not responsible for any changes made to the Client’s website by third parties or by the Client itself, after the website has been approved and launched and has been live for 7 days.
Any such modifications may require extra work on behalf of Sue Wallis Williams and will be billed separately at $150/hour.
Sue Wallis Williams shall be entitled to provide the services remotely from her own location and will not be required to attend the Client’s premises.
Sue Wallis Williams’s Responsibilities and Warranties
Sue Wallis Williams will not use the Means of Access (or any other methods of remote access) to access the Facilities for any purpose other than providing the Services. However, Sue Wallis Williams shall be permitted to gain remote access to the Facilities for lawful purposes using any publicly available means (such as the World Wide Web), which do not require special authorization.
Sue Wallis Williams will take the following steps to ensure the security of the Facilities (insofar as the use of the Practitioner’s systems and the Means of Access are concerned):
ensuring that no passwords are stored in easily recognizable form on the Practitioner’s own systems in circumstances where a breach of the Practitioner’s own internal security may reveal them;
ensuring that only those employees and contractors of Sue Wallis Williams who are required to access the Facilities using the Practitioner’s systems and the Means of Access are able to do so;
ensuring that the Facilities cannot be accessed by any system or user that uses the Practitioner’s own systems, except as permitted by this Agreement.
Sue Wallis Williams will not be liable to the Client or to any third party for any non-performance or delay in the performance of its obligations under this Agreement if events or conditions beyond its reasonable control cause the non-performance or delay and Sue Wallis Williams gives the Client prompt notice thereof.
This provision does not affect the Client's obligation to pay Sue Wallis Williams under this Agreement for Services that Sue Wallis Williams can perform.
In case any software bugs are noted—in spite of extensive testing done by Sue Wallis Williams—and reported by the Client to Sue Wallis Williams, they will be fixed free of charge if reported within 7 days after the website is made live.
The Client understands, accepts, and agrees that Sue Wallis Williams is not responsible for any data/file loss or other loss or damage suffered by the Client due to any third-party custom software when requested and approved by the Client, as all software is provided “as is” with no warranties.
Unless stated in writing to the contrary, Sue Wallis Williams is NOT responsible for the Client's Squarespace web hosting costs or any third-party hosting costs.
Further, unless stated in writing to the contrary, if the website is being built on the Squarespace hosting platform, the Client must review—and understand—the pricing structure on Squarespace prior to contracting Sue Wallis Williams to design, develop, or modify their website.
Visit the pricing page on Squarespace
Confidentiality
Sue Wallis Williams will not disclose to any third party or use, other than for the purposes of this Agreement, any knowledge or information imparted to or obtained by it during or in connection with the fulfillment of this Agreement that is of a secret or confidential nature relating to the business, equipment, processes relating to the equipment, the products, services, process, or business strategies offered or employed by the Client.
This obligation of confidence will cease to apply to information that Sue Wallis Williams is required to disclose by any law or that becomes part of the public domain, except as a result of a breach by Sue Wallis Williams of its obligations of confidence under this Agreement.
Non-Exclusive Agreement
The Client acknowledges that Sue Wallis Williams is providing Services to the Client on a nonexclusive basis and that Sue Wallis Williams may provide services of the same or a similar nature as the Services to any other party, including parties that may directly compete with the Client.
Interpretation
This Agreement shall be construed and interpreted according to the laws of California. Any disputes arising from this Agreement shall be litigated or arbitrated in California, under the authority of Sue Wallis Williams.
Changes
Changes in the project's requirements, once mutually agreed upon and accepted by Sue Wallis Williams, must be made in writing and may affect the price and delivery dates.
The Client must verify and articulate the exact details of this project before paying the retainer.
Substantial changes might delay completion times and may void any previously agreed upon deadlines.
During the project development phase, for the successful completion of the project within the stipulated time, contact from the Client side, who has adequate knowledge of the project, its scope, and functionality, should be available to communicate with Sue Wallis Williams and must be responsive via Basecamp to ensure smooth progress of the project.
Both parties agree to respond to Basecamp email posts within two business days.
Any delay in providing feedback or lack of communication may void any previously agreed upon deadlines.
Lack of communication from the Client side and any non-responsiveness, which may lead to a halt in the project development.
After three (3) weeks of non-responsiveness, a project will be considered abandoned. Later on, if the Client wishes to resume the project, the project will be considered as a new job, and new specs and deliverables will be signed in order to proceed.
If the website being developed requires any third-party software integration, it is expected that the third-party software support team will provide Sue Wallis Williams with enough support by telephone, email, and chat if required, in addition to any documentation provided, so that Sue can successfully integrate the third-party software into the Client's website. Sue Wallis Williams will not be responsible for any failure of successful integration because of inadequate support from the third party.
Acknowledgement of Terms
Upon the receipt of the agreed-upon retainer from the Client to Sue Wallis Williams—either by check or credit card—the Client acknowledges agreement to the terms and conditions itemized above.