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. 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.

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 Statement 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.

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 hourly rate. We will notify the client when a change order occurs and keep an open dialog about them.

Use of Stock Photography and Content provided by Client

Whenever DTD provides or licenses Stock Photography images to be utilized in client projects (including but not limited to Websites, Blog Posts, or Email newsletters) they are Royalty Free images.

Usage of any stock photography provided by DTD to clients is limited to the specific application or project, and may not be repurposed by clients outside of the project or application without prior written consent. Additional licenses may be required. See https://www.istockphoto.com/legal/license-agreement for license agreement.

Stock images provided by DTD to clients for use on Website or blog can not be downloaded and reused in any other application. Additional usage rights may be required from licensee, please see https://www.istockphoto.com/help/licenses for more information on extended licenses.

Upon request, a client can be named as licensee with the provider, and receive a source file for their own library and Royalty Free use, but may incur additional costs.

If photos (stock photos or other) are added to your website or design without the permission of the source or purchased rights to use from a reputable stock photography site such as iStock or Shutterstock, you may become in violation of copyright infringement and may be liable for damages to those entities.

DTD assumes no responsibility for any images or content provided by, or uploaded directly to the website by client or other 3rd party provider. Further, client indemnifies and holds DTD harmless for any content provided by the client or 3rd party which was uploaded or added to the website.

Technical Support:

All requests are tracked and billed in 15 minute increments

Hosting Terms of Service:

David Taylor Digital prefers to host all client websites we manage so that our team has 24/7 access and to ensure that the technical environment in which it lives remains compatible with the websites we develop. Below are hosting payment options:

  1. Monthly (preferred) via auto-charges made to a credit card kept on file within our Quickbooks/Inuit account (includes a 3.5% processing fee)
  2. Bi-Annually or Annually via ACH (including a 1% processing fee from Quickbooks)
  3. Bi-Annually or Annually via Corporate check.

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.

Discontinuing Hosting Terms of Service:

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

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. All rights to the website are wholly owned by the client upon full payment of any and all remaining balances due.

SEO Results Not Guaranteed:

Due to the ever changing algorithms used by search engines such as Google and Yahoo!, we can not 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.

Website Post-Launch Two-Week Grace Period

After a client’s new website launches, David Taylor Digital will offer a two-week grace period. During this period, we will fix any glitch or bug issue resulting from making the website live free of charge. Any request outside of a bug fix (i.e. text or design edits) will be solved using time provided by your maintenance plan, time blocks, or our hourly rate (as applicable). The 2-Week Grace Period will officially end at 5:00p ET, fourteen calendar days after website launch.

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 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.
  • Client 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.

Exit Clause

David Taylor Digital or the client reserve the right to cancel the project at any time with 30 days notice and the payment of applicable fees. This termination of agreement must be agreed to in writing. David Taylor Digital reserves the right to first remedy any dispute. Client to pay 100% of team time incurred to date, plus a 20% Kill fee or total project fee (whichever is less.) Upon full payment of separation agreement, David Taylor Digital will release any work product completed to the client.

Refund and Cancellation Policy:

Payments for custom design projects are made to us in increments as a courtesy to the client. Once a pre-payment is made it is non refundable. If a project is canceled or postponed, 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.

Requests for Support:

Maintenance plan clients get priority support with a turn around time for requests of three business days. If a client without a maintenance plan has a need for support our team will generally manage it within seven business days (but no guarantee).

RUSH Fees:

For any immediate requests (shorter than three business days for maintenance plan clients and seven days for non-maintenance plan clients) 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.

Late Fees:

Any invoice that goes unpaid past the noted 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. For faster payment, please reach out to [email protected] for a link to make an online payment via our Quickbooks online account.

TIP: 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.

Content Provided By Client:

If the client chooses to supply the copy for the project David Taylor will not proof read any content unless agreed upon for an additional charge. The client will supply content vetted and ready for use on the website.

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. Transference of website ownership occurs when the final payment of the website is received and cleared at our bank.

Fonts:

If the client chooses to not use a Google free font any IP used  must be owned or licensed by the client. David Taylor Digital will not be responsible for any fees attached if the license purchase is not accurate or a free font is used.

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.

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 will set dues dates for deliverable from the client. If a due date is missed fees will be incurred and it will extend the estimated completion date based on our production schedule.

Retention Policy:

Correspondence will be deleted:

  • Correspondence will be deleted. David Taylor Digital 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 separation, 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.

Pixel Superdog