Project Phases:

We do not move forward from one phase to the next without approval. Once the project has moved from one phase to the next, based on your feedback and approval, any requests for changes that fall in a previous phase will result in a change order being created and any out-of-scope fees will be assessed, and submitted to you for your advanced written or verbal approval. If you would like us to move forward with those changes, any additional fees will be passed on to you.

3rd Party Software:

If any 3rd party software is necessary to complete this project the fee for the software will be passed on to you and invoiced separately, with your advanced written or verbal approval.

WordPress Training:

You will receive a training video on how to use and update your website.

*This training is only for custom websites built by David Taylor Digital.

Accountability for Evolving Technology:

All work is completed and tested on the presently available technologies. David Taylor Digital’s accountability is limited to current technologies only. Changes to technology that may later affect functionality are beyond the control and scope of this scope of work.

Change Control of Requirements:

Cost estimates are based on information we have collected at the time of presenting a scope of work. If there are missing items in this estimate that are required for the project, the price may fluctuate. All costs will need to be approved by the client before work will begin. Once the project requirements are approved, any future additions or change requests after approval will require an impact assessment to determine additional added costs and/or schedule changes which may result in a change order.

Change Orders:

Clients may request edits/alterations to their scope of work if they wish in the form or a change order. If change orders are requested they will be billed at our current hourly rate, or a separate scope outlining costs will be created if needed. Any proposed change orders to you for your advanced written approval.

Client Use of Unauthorized Photos/Imagery:

David Taylor Digital is not responsible for any damages the client may incur due to unlicensed images or content provided by the client.  David Taylor Digital will always use royalty-free or licensed photos in fulfillment of our work. If content, image or otherwise are added to your website or design without the permission of the source, or you have not purchased rights to use from the copyright holder or reputable stock photography agency, you may be in violation of copyright infringement, and may be liable for damages to those entities.  Client agrees to indemnify and hold David Taylor Digital harmless for any content provided by client.

Content Provided By Client:

If the client chooses to supply the copy for the project David Taylor Digital will not proofread any content unless agreed upon in writing and will incur additional charges. The client will otherwise supply content vetted and ready for use on the website.

Client Use of Unauthorized Fonts:

David Taylor Digital is not responsible for any damages the client may incur due to unlicensed fonts. David Taylor Digital will always use royalty-free or licensed fonts in fulfillment of our work. If fonts are used on your website or design without the permission of the source, or you have not purchased rights to use from the copyright holder or reputable type agency, you may be in violation of copyright infringement, and may be liable for damages to those entities.  Client agrees to indemnify and hold David Taylor Digital harmless for any fonts provided by client.

Mutual Indemnity

Each party shall defend, indemnify, and hold harmless the other party and its affiliates against any and all losses, damages, expenses, and/or liability resulting from or arising out of, any negligence or misconduct on that party’s part in connection with its performance of its obligations hereunder, or from any material breach or default of this scope of work which is caused or occasioned directly by the acts of that party.

Discontinuing Hosting Terms of Service:

In the event you decide to move to another hosting solution at a later date, David Taylor Digital requires at least one (1) month’s written notice. No monies will be refunded for the time remaining for that term if less than one (1) month’s written notice is given.

Any time required by David Taylor Digital to transfer your website to another hosting provider will incur charges to be determined at that time based on the time and effort to support a smooth transition to the new provider.

Any WordPress plug-in’s or 3rd party services implemented on a custom website may require new licenses to be purchased or maintained by the client or new hosting provider. DTD reserves the right to cancel or remove any developer licenses or agency licenses utilized after a client decides to move hosting away from DTD.

SEO Results Not Guaranteed:

Due to the ever changing algorithms used by search engines such as Google and Yahoo!, we cannot ever guarantee SEO top organic search rankings. That said, the more relevant keyword-rich content we add to the site and across your social media outlets, the more we will move your website in the right direction in search rankings.

Blog Content Terms and Conditions for Collaboration

  • DTD SEO plans are based on Content creation without collaboration or requiring client approvals. It is understood and accepted that the content’s primary goal is tactical and for SEO benefit, keyword growth and not thought leadership.

In the event a client requires collaboration, crafting a specific tone or voice, thought leadership content, or mandates approvals on SEO blogs, the following will apply:

  • The Client and Account Team will approve topics together based on an SEO driven strategy.

  • To ensure successful partnership, the client agrees to provide specific content ideas, concepts and if desired, fully realized articles in partnership with DTD.

  • Collaborative blogs are limited to one (1) round of copy revisions. Feedback must be  provided within 72 hours of delivery to the client to maintain cadence and deadlines.

  • Client to provide specific, constructive and direct feedback on blog content, not “this sounds bad” or “I don’t like it”.

  • The Client will provide creative and content direction either during cadence meetings or in shared documents to be provided to the copywriting team to ensure thought leadership is applied and considered.

  • If client requires additional revisions beyond the one (1) round included there is a $150 fee per revision

  • If a client does not offer revisions or feedback within 72 hours, the blog will be considered approved and be scheduled to be posted.

  • Clients may opt to kill any blog at any point in the revision process if desired, but it will still count against monthly blog count outlined in the scope of work.

  • In the event a dedicated or specialist writer is required additional fees may apply.

Website Hacking & Security Limitation:

We cannot guarantee with 100% certainty that the website will not get hacked or held under “ransom” by professional and malicious individuals. Our security and monitoring protection is a first line of defense for hacking attacks that can be remedied by finding and fixing malware code.

WordPress Client Limitations:

Please note that much of the new website will be editable by your company. However, there are some sections of the site that will not, as these “structural” areas will require someone with more intimate knowledge of PHP coding, WordPress, and database experience to update them.

Dormancy Clause:

We understand that sometimes life happens and you may need to pause work on your project. That is completely acceptable if we are notified and made aware of your situation in advance. If your project goes more than 30 days without any forward progress or significant activity from your end, and no prior arrangements have been made with us and agreed to, your project will be put on hold and all associated files will be archived. Once your project has been archived, a 10% reactivation fee (of the total project) is required to restart your project. Your project will be scheduled into our production calendar at the first available slot.

Dormancy Cancellation Clause:

If your project remains inactive for an additional 15 days past the 30 day dormancy period (45 days total) with no significant forward progress made, milestones reached, or prior arrangement/communication in place, our engagement will automatically expire, no refunds will be available, and you will forfeit all deliverables associated with this client agreement. I.e., if you disappear for 45 days, or delay the project with no forward movement and no communication for 45 days, this contract will be canceled. You will be required to pay a final invoice of 100% of any outstanding team time incurred to date, plus a 20% project Kill fee of the total project fee.

Termination:

Each party reserves the right to cancel the project at any time with thirty (30) days notice and the payment of applicable fees, as set forth in this section. Each party reserves the right to first remedy any dispute. Client shall pay 100% of any team time and expenses incurred to date, plus an additional Kill Fee of 20% of the remaining contracted agreement. Upon full payment of the separation agreement, David Taylor Digital will deliver all work products completed and not yet delivered to the client.

Refund and Cancellation Policy:

All payments made to David Taylor Digital are considered non-refundable.  If this scope of work is terminated, David Taylor Digital retains all monies paid and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client, as outlined in the Termination clause.

Service Level Agreement

Any clients on a Customer Success plan will get priority support, our standard turnaround time for all requests is (3) three business days or (72) seventy two hours. Any rush requests will be considered on a case by case basis, but may incur Rush Fees. All requests are tracked and billed in 15 minute increments.

RUSH Fees:

For any immediate requests (shorter than three business days) for work that is requested after our normal business hours (Monday – Friday 9am – 5pm), during weekend hours (Fridays from 5pm through Mondays at 9am), or federally recognized holidays, rush fees may be incurred. The typical rush fee will be based on one and a half (1.5x) our normal hourly rate bill separately from any maintenance plan the client may be on.

Monitoring & Website Going Down:

As part of the maintenance plan, and separate from requests for support set forth above, David Taylor Digital shall monitor the website on an ongoing basis to ensure that the website remains live 24/7. Should the website go down, David Taylor Digital shall use commercially reasonable efforts to put the website back up within two (2) hours during our normal business hours (Monday – Friday 9am – 5pm EST) and within twelve (12) hours outside of our normal business hours. Unless caused by clients gross negligence, or matters outside David Taylor Digital’s control to remedy. If David Taylor Digital has used such efforts but an unforeseeable event occurs that prevents David Taylor Digital from completing such action within such time frames, David Taylor Digital shall notify Client of such unforeseeable event and propose an estimated time for completion.

Late Fees:

Any invoice that goes unpaid past the due date will have a 1.5% late fee added to the balance due. Every two (2) weeks thereafter, a 1.5% compounded late fee will be assessed until the balance is paid in full. Be sure we have the correct email address(es) for everyone that should receive invoices for payment, or speak with us about setting up recurring charges via Intuit or ACH.  At David Taylor Digital’s discretion, we may temporarily suspend your hosting account if any payment for hosting goes unpaid for 30 or more days past the invoice due date.

Price Increases:

For retainers and digital marketing plans with monthly recurring fees, pricing is set for an agreed-upon term per the scope of work. After 12 months, pricing will automatically increase by 5%/yr. David Taylor Digital reserves the right to reevaluate pricing of services at any time.

Website Ownership:

Throughout the design, development and launch of the website, David Taylor Digital retains ownership of all designs, website code and any other digital property we create to build the website. When the final payment of the website is received, ownership of “the website”, any copy created for, or provided to the client, as well any images purchased or licensed on their behalf transfers directly to the client in perpetuity.

Out of Pocket Expenses / Travel Expenses:

Out of pocket expenses (such as transcription services) and travel expenses are not included in the cost of this estimate. These expenses are not expected to exceed 10% of the project cost, and shall not be incurred without Client’s advanced written approval.

ADA Compliance:

Unless specifically requested and agreed upon in a scope of work for a project, Websites will not conform to Americans with Disabilities Act (ADA) protocols. It is the client’s responsibility to check with their lawyer and determine if ADA Compliance is necessary. If this is required ADA compliance can be added as a separate service fee. Please let us know if this is necessary. Note: Websites can be retrofitted in the future if necessary.

Missed Due Dates:

Once the project begins the project manager and Client will agree on dues dates for deliverables and approvals. If a due date is missed, fees may be incurred, and it may extend the estimated completion date based on our production schedule.

Retention Policy:

Correspondence will be deleted:

  • David Taylor Digital, as standard business practice, deletes email correspondence older than one year. We assume no responsibility for information sent and ultimately deleted after that time.

Files will be deleted:

  • Upon termination, or after one year of no direct communication, David Taylor Digital deletes all client files and assumes no responsibility for maintaining any archive copies.

Fun Clause:

Working with David Taylor Digital is more fun than working with other companies. When you visit our office our Chief Motivating Puppy will sit on your feet and love you forever. You can come and pet him anytime.

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