Terms and Conditions
At Sondys, we pride ourselves in doing our best to meet defined goals and fulfill your online business related needs, but it is necessary to ensure that a few simple things are outlined on paper should any unforeseen questions or issues arise. In this section, you wonʼt find complicated legal terms or large passages of confusing text. We wish to maintain clarity and want you to know exactly what you are signing.
1. Services Rendered
1.1 Strategy & Design
We are only responsible for the items outlined in the Statement of Work of our contracts. Items not included in the Statement of Work are not part of the project nor have they been included in the quoted cost.
You’ll have two or more weekly opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you will pay in full for everything we’ve produced up to that point and then cancel this contract.
We can’t guarantee that our work will be error-free (we’re human!), so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
1.3 Browser Functionality
If the website development package is included: All of our websites are tested for functionality on current Safari, Chrome, Firefox internet browsers. We do not guarantee that your website will look exactly the same on every screen, and may appear differently due to different screen resolutions and aspect ratios.
Please always review the Statement of Work in your contract, and if you have any additional feature requests, changes in tasks, changes in deliverables or any scope modifications, beyond what was agreed and signed off on in the original Statement of Work, additional billable time will be incurred to you as the client at our hourly rate of $85.
The price estimate in your contract will include time for revisions. That time will not exceed 10% of the total budget of the development time mentioned on the TIMEFRAME section of your contract. For example, if developing your website takes 3 weeks (120 hours). A maximum of 12 hours could be used for revisions.
Should you request additional revisions beyond what is included, or that exceeds the allocated time, you will receive an email notification from us, Sondys, requesting a confirmation that you wish to proceed with the revisions and agree that you will be billed at our hourly rate of $85. After we have received your approval, we will proceed.
You are responsible for the cost of any outside paid assets (if they are not included as part of our services in your contract). This is included but not limited to hosting, domains, SSL certificates, third party plugins, stock images, and premium fonts. In addition, we cannot be held liable for the functionality of third party plugins or software that is not part of our standard workflow, recommended or otherwise.
1.7 Exclusive Design Credit
If the website development package is included in your contract: We are proud of our work and reserve the right to apply the text “Designed by Sondys” on your website. Should you wish to remove the credit, a fee of $200 applies. Removal of our name does not mean surrendering our design credit to any other party. Without our expressed consent, you agree that “Designed by Sondys” will be visibly displayed on your site acknowledging design credit.
1.8 Licenses and Software Updates
If the website development package is included in your contract: continuous license updates for your WordPress theme and plugins will be provided only if the package “Managed WordPress Hosting and Updates – Package #5” is included in the monthly services.
2.0 Mutual Cooperation
We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.
3.0 Charges for Services Performed
Requests above and beyond those listed in the Investment Section outlined in your contract, may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 45 days will incur fee to resume work at the discretion of Sondys.
4.0 Terms of Payment
4.1 Billing Schedule
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the following payment schedule.
4.2 Collection Costs
In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
5.0 Cancellation of Plans
You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses. In addition, Sondys. reserves the right to stop work until payment is received.
6.1 Sondys' Responsibility for Releases
We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).
6.2 Client Responsibility for Releases
You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have permission to use them.
Then when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
6.3 Client Responsibility for Accuracy
You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of the Agreement stablished in our Contract.
Sondys acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Sondys on behalf of you, our client, or disclosed by you to Sondys.
8.0 Term and Termination
The Agreement in the contract shall become effective as of the date stablished in the contract and shall continue until terminated by either party upon not less than 60 days’ notice in writing given by either party to the other.
8.1 Payment for Non-Cancelable Materials
Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of the Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon your request, that any such materials and services, are non cancelable.
8.2 Materials Unpaid For
If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.
8.3 Transfer of Materials
Upon termination of the Agreement, provided that there is no outstanding indebtedness then owing by you, our client, to Sondys, Sondys shall transfer, assign and make available to you, all property and materials in its possession or control belonging to you, our client.