Terms of Service
Between Client & FinancialAdvisorWebsiteDesign.com (Developer)

Note: These Terms of Service may be altered or added to at any time by the Developer and notification of changes in Terms of Service will appear on this page.

How We Work Together

1) Consultation via telephone and email - The estimated amount time that Developer and Client will consult via telephone or email: 1 hour for initial meeting; 1 hour for first review/first draft; 1 hour to review final work product.

2) Company logo/photo - If Client provides a company logo and/or photographs, Developer will resize these to fit Client's website design. Client must provide company photo and logo design in digital format. Client may send digital format photos of owner, partners, staff to be placed on ABOUT and HOME pages (in jpg or gif format). Clients may provide additional photos for the GOLD Website Design Package.

3) Stock photography and graphic design provided by the Developer is owned by the Developer.

4) Client will provide their company information (Step 3) and materials (Step 4) to Developer via electronic communication. This information is required prior to the Developer being able to deliver a first draft design to Client.

5) Final revisions and review by Client - This contract includes two hours of editing on Client's website pages, as requested by Client, during the design phase. Additional changes submitted by the Client after two hours of review and revisions have been made will be billed at the rate of $40/hour. Any typographical errors on the part of the Developer will be corrected at no charge.

6) Developer will upload the website to the internet and review all pages for functionality in current versions of Safari, Firefox, and Internet Explorer browsers on both MAC and PC platforms.

7) Upon receipt of Client's approval and final payment for their website, Client's website will be uploaded "Live" to their domain name within 48 hours.

Payment & Delivery Terms

8) Should the Client fail to make payment for services rendered, the Client will lose any and all rights to the use of the website template, design, stock photos, and content as created by the Developer and provided to Client.

9) Estimated delivery time for website design (first draft design for Client review) is:  

Bronze        1-3 weeks from time of receipt of Client materials
Silver          2-3 weeks from time of receipt of Client materials
Gold            3-4 weeks from time of receipt of Client materials


Ownership & Copyright

10) The website design is sold as a single use item for the Client. Single use item means one website resides on one domain name on the internet. Client agrees not to resell or give this website design or code to any other party without the written consent of Developer. Client may claim copyright rights for content and photos that Client provides, information and content written by the Client and copy editing of Client's content completed by Developer.

11) The HTML source code and all website applications attached to the website are provided under license. Client agrees not to reuse or resell any of the source code or design attached to the website. Client's right to use the website and/or Services purchased under this Agreement is not transferable or assignable.

12) FinancialAdvisorWebsiteDesign.com (Developer) hereby grants to Client the perpetual and irrevocable right and license to use the website product developed by this Contract solely in connection with their Website.

13) Developer retains ownership of all rights, title and interest in and to the tools, content and intellectual property developed, purchased or licensed for the Client. Developer has the irrevocable and perpetual right and license to use, execute, reproduce, display or distribute and prepare derivative works based upon the website design delivered to the Client.

14) Client agrees to keep visible on their site a reference to the website design as provided by Developer in the website page footer.

15) Because the photos provided by the Developer on the Client's website have separate copyright restrictions, the Client agrees not to reproduce photos provided by the Developer on other marketing materials, without consulting us about appropriate copyright use.   

Compliance

16) Developer shall not be held liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the website or any services or products obtainable there from, (b) the unavailability or interruption of the website or any features thereof, (c) your use of the website, (d) the content contained in the site, or (e) any delay or failure in performance beyond our control.

17) Client is responsible to assure they meet any governmental, legal, or ethical requirements of their profession with the content provided on their website. Developer will make the Client's website available for review to the Client's Compliance Officer, at the Client's request.

18) Client's email archiving services are provided by Global Relay. Client is responsible for any and all agreements regarding their email archiving services with Global Relay. Client will communicate directly with Global Relay for all support related to email archiving.

Modifications

19) Upon delivery of the website to the Client, the Client is free to add and remove copy (text), images, Flash or Swish applications, and new web pages, at the Client's expense.

20) A re-use fee of $200 will be paid to the Developer by the Client, should the Client wish to use a second copy of said website on a separately hosted website and business or domain name. This fee will be paid by Client to Developer for each additional website in which Client uses the website product provided by the Developer.  Third party content, such as calculator tools, website editing application, etc. are not transferrable to a second website.

21) Maintenance and future development: After the website is completed, approved by the Client and live on the Internet, any additions and occasional changes requested by the Client will be billed at the hourly rate of $40/hour, pro-rated to 1/2 hour. This hourly fee is subject to change with or without notice.

Third Party Content

22) Third party content relates to materials such as Financial Calculator Tools, Website Editor, Google Gadgets, and pre-written copy and articles provided by Developer. Third party content is available for perpetual use by the Client so long as Client's website is hosted on Catch8 hosting services. Third party content is renewed on an annual basis when Client renews hosting services with Catch8. Developer is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, opinions, representations or any other form of content on material provided by third parties that you have approved as content on your website.

Domain Name

23) Client is responsible for all renewal registration expenses and shall own all right, title and interest in and to the Domain Name and all Intellectual Property Rights related thereto. Approximate annual fee for domain registration renewal is $10/annually.

Website Hosting Services

24) Web hosting services will be provided by Catch8.com at the fees and charges identified at time of purchase, and on Catch8.com. Client is responsible for annual renewal hosting fees (approximately $95/annually), as identified on Catch8.com.

25) Client may purchase and extend their one year contract for hosting, email, domain registration at any time. Renewal of service may be made at Catch8.com.


V. 7-28-08