Website Terms of Service
D Koder Marketing warrants that design work is not outsourced, that all work will be performed in a professional manner and that all work performed under this agreement will be the original work of D Koder Marketing and not plagiarized or in violation of any copyright or infringement laws.
We will always do our best to fulfil your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
[Company/Business Name] (you, your) are hiring D Koder Marketing (we, us, our) located in Bath, Pennsylvania to design and develop a website for the quoted total price in your Estimate.
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images, fonts and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback, and sign-off approval in a timely manner and are bound by any deadlines that we set together.
You also agree to keep to the payment plan set out in this proposal.
We have the experience and ability to perform the services you need and we will carry them out in a professional and timely manner. We will work to meet all the deadlines set, but am not responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved our work on time at any stage. We will also maintain the confidentiality of any information that you give us.
Once project cost is paid in full to D Koder Marketing any elements of text, graphics, photos, contents, trademarks, or other artwork furnished to you for inclusion in website are owned by you.
Details of the works
We will create a design for the look, layout, and functionality of your website. This contract includes one main design and three opportunities for you to make revisions to the final design. If you are not happy with the design at that point, we will provide you with an additional quote for extra design work needed. If instead you wish to cancel our agreement, you may do so and we will retain the initial payment for the work completed to date.
We will write the content for each page between 300 and 750 words per page. If you are providing the content it will state that in the estimate under the message field. If you do not want us to write the content that is okay, but note that if you change your mind mid way through the website design process it will be an additional cost above the Estimated price.
If needed, you will supply us photographs either in digital format. If you choose to have us buy stock photographs that is fine and included in this price. (2) Two photos per page. We us 123RF.com - Stock photography will not be purchased without your written approval.
Changes and revisions
The estimate/quotation prices in this proposal are based on the time we estimate we will need to accomplish everything that you have told us (DKM) you want to achieve. If you do want to change your mind, add extra pages or templates, or even add new functionality, that won't be a problem. At that time you will be provided with an additional quote for the extra work.
As agreed, the estimate provided includes the installation and set up of your site on Wix server as well as the implementation of Google Analytics and the other features mentioned in "Your New Website."We do not offer or include technical support for other services outside the website we are designing and hosting. If you have a third-party application that you are using you must go through their tech support.
There are three (3) hosting services that you may need and monitor on a yearly bases. D Koder Marketing can provide all three or you can use your current service provider(s). If you are moving to a Wix.com Content Management System (CMS) you are required to host your website with Wix.com - no exceptions.
We like to use GoDaddy however we have customers that use Namecheap or Google Domains which is okay. If the domain is in your account and we do not have access to the domain it is NOT our responsibility to know when renewal is coming up.
Be careful of mailed letters that state your domain is about to expire; make a payment. A lot of times these are coming from third party companies that are trying to transfer your domain from your current register to another provider such as their own.
If we set up the domain we will put the domain registration in your own account and link ourselves to the account. We also recommend adding privacy protection to every purchased domain you use for business. The length of time between renewals is up to the client; we recommend 3+ years. If you are using WordPress as your CMS we recommend the domain and website hosting be in the same place.
Website Hosting - When build on Wix cloud you MUST host with Wix. For the WordPress sites we build we will host with GoDaddy and Bluehost, however some customers will use AWS, HostGator, SiteGround and that is okay. Website Hosting is renewed yearly, but can also be stretched between renewal periods of 3+ years. The term of hosting is up to you.
Email Hosting - Business email services we use are Google G Suites ($87/per year/per license and subject to change not in our control) and Office 365 (we can offer at as low as $5/per month/per license and subject to change not in our control) If you are using your own email setup that is fine, but we will need to make sure we copy the DNS master file along with the MX records before changing nameservers/hosting providers if selected.
Legal We are not liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages—even if you have advised us of the possibilities of such damages. We can't guarantee that our work will be error-free - we are human.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Copyrights You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by you, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them carefully as we not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs, and other data you provided, unless someone else owns them. Wix owns the HTML markup, CSS, and other code and We license it to you for use on only this project.
We also reserve the right to display and link to your completed project as part of my portfolio and to write about the project on websites, in magazine articles, and in books.
D Koder Marketing WILL NOT put a discreet text link at the bottom of the website page(s).
As agreed, our payment schedule will be as follows, but may be revised based on further conversations between us.
50% of total fee upon agreement of initial design: [deposit fee]
30% of total on delivery of the website (preview): [second fee]
20% of total fee on completion of the project: [balance]
Project stops when payment is due.
You cannot transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the courts of Northampton County, Pennsylvania.
If there are any questions regarding these terms, you may contact us using the information below.
D Koder Marketing, LLC.
2497 Cherrywood Ln
Bath, PA 18014 - USA