Website Design Terms and Conditions

Payment

All payments are due within 10 days of billing. Late payments will be charged a 1.5% compounded monthly late fee. Should a payment be late, Teo Leonard Consulting and The Web Design Ninja reserve the right to freeze all work and/or hosting accounts until accounts are settled. Website will not “Go Live” until payment has been made in full.  Payments will be made by Check to:

iT Business Consulting, Inc.
dba – Teo Leonard Consulting
6333 Wisteria Lane
Apollo Beach, FL 33572

Ownership

iT Business Consulting, Inc. will provide a Finished Product(s) to the Client in the form of source, rendered and asset files. These files become the exclusive property of the Client upon acceptance of delivery, however these files are partially based on a non-exclusive code base created and maintained by iT Business Consulting, Inc. and in some cases existing code was used to help create the deliverables. Such code and other underlying technologies do NOT become the property of the Client, only the Finished Product(s). In addition, the Finished Product(s) may depend on code, objects (COMs), and other third party utilities that are the property of their respective owners. No rights to these dependencies is expressed or implied. Additional licensing may be required with third party assets. The Client will have all ownership of all original artwork and source code created by iT Business Consulting, Inc. on behalf of the Client.

Point of Contact & Training

iT Business Consulting, Inc.  will require one point of contact during the Contract for clarifying requirements for design, key features, usability and maintenance issues. iT Business Consulting, Inc. requires this person be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions on the system.  Additional charges may apply if we have to work with multiple parties on a single project.

Independent Contractors

iT Business Consulting, Inc.  retains the rights to subcontract any portion of the Contract.

Nonsolicitation

If within one year of termination of this agreement the Client hires or contracts with any employee or Independent Contractor of iT Business Consulting, Inc. The Client will agree to pay iT Business Consulting, Inc. , a finder’s fee of 50% of the annual salary or contract fees offered to the contractor or employee. Said payment will be rendered within 30 days of hiring or contracting the contractor or employee.

Response Time

iT Business Consulting, Inc.  has both employees and independent contractors. The benefit of a flexible team is rapid scalability and a diverse set of services. Due to the nature of the business model, iT Business Consulting, Inc. is not set up to support on call services. Within the duration of this Contract, iT Business Consulting, Inc. will make every effort to reply to inquiries within 48 hours except where The Client has been previously notified of a period of limited availability. iT Business Consulting, Inc. will respond in good faith but cannot guarantee any specific action within a given time frame.  Website “Go Live” events will be scheduled.  Additional charges may be accessed for emergency changes to these scheduled events as it impact other customers.

Dependencies

In the event that any aspect of this Contract is dependent on a separate third party or the Client’s in house team, the quality and punctuality of the Finished Product(s) may be subject to said party’s ability to meet the required timelines and/or level of quality. iT Business Consulting, Inc. is not responsible for any delay or defect caused by separate third party or the Client’s in house teams.

Hosting

iT Business Consulting, Inc.  provides additional outsourced Hosting services as a convenience and, in addition to, temporary internal development environments. The Client is responsible for choosing, paying for, and maintaining any required Hosting solutions and associated services. As a courtesy, iT Business Consulting, Inc. may offer suggestions; however, iT Business Consulting, Inc. is NOT responsible for down time, poor performance, or loss of data caused by the Hosting Provider. Additionally, iT Business Consulting, Inc. is not responsible for any bug caused by changes on the Host after the Acceptance of this Contract, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations.

Backups

iT Business Consulting, Inc.  maintains internal backups of active project code and design files. This backup system is not intended as a solution for The Client, rather as a code archive through the duration of this Contract. While the iT Business Consulting, Inc. backup system is fully redundant, it is not guaranteed and does not support any content produced by the Client. The Client is solely responsible for the Backup and Restoration of the Finished Product(s) and any associated data. iT Business Consulting, Inc. offers monthly site backups at an additional fee, but it is not included in the base site price.

Security

Although iT Business Consulting, Inc. makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, iT Business Consulting, Inc. can in no way guaranty that the Finished Product(s) will not be subject security breaches. iT Business Consulting, Inc. recommends the use of strong passwords and the observance of standard security practices. In order to minimize the chances of security violations, systems should be updated often. The Client is solely responsible for tracking software updates. Any updates during the life of or after the expiration of the Contract can be negotiated as an addendum to this Contract or as an additional Contract.

SEO – Search Engine Optimization

iT Business Consulting, Inc.  will design all sites with Search Engine Optimization in mind. All sites are delivered SEO aware. iT Business Consulting, Inc. can in no way guaranty that the Finished Product(s) will visible on Search Engines. SEO Services are available as a separate service and are not included with the Website Design. SEO Services will be included only when listed as a separate line item on the Estimate and Invoice.

Limited Liability

The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by the Client of the output of the Software or any reliance thereon; and (c) obtaining the required licenses and respect copyright for any and all third part assets including but not limited to fonts, media, and software. The Client shall also be responsible for the continued operation and maintenance of the computer equipment and third party software used with the Finished Product(s), and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers.

The Client agrees that any liability of iT Business Consulting, Inc. relating to this agreement and the services performed shall be limited to the amount of fees actually received by iT Business Consulting, Inc. , from the Client under this agreement regarding the services in question. In no event shall iT Business Consulting, Inc. be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.

Warranty

iT Business Consulting, Inc.  will provide patches and bug fixes for any bugs or issues included in the scope of this contract reported within the grace period of no more than 30 days following the date of project completion as defined by the date the client signs off on the deliverables. All bug fixes outside of the project scope or after the grace period are the responsibility of the client.

Hourly projects are NOT subject to warranty. Design and the placement, editing and arrangement of editorial content are NOT subject to warranty. Should further support be necessary, a support contract may be negotiated.

Credit

iT Business Consulting, Inc.  retains the right to use the Client within its roster of clients. A link to the The Client website/application website will be placed on the iT Business Consulting, Inc. web site as part of its business portfolio. A link on the Client’s site will be placed in the footer designating iT Business Consulting, Inc. as the creator of the site.  Removal of this footer may incur additional charges.

Review, Expiration or Cancellation

This Contract is valid for the calendar year of in which it was signed, upon which point it expires. Upon expiration, both parties may review and amend the Contract and decide whether or not to renew. This Contract may be terminated by either party with a full 30 day written notice. All payments will be due and all work will be submitted upon the termination of Contract.

Acceptance

By accepting the Estimate from iT Business Consulting, Inc. dba Teo Leonard Consulting, you are accepting the Terms and Conditions as outlined above.