Terms of Service

Welcome!

I am delighted to welcome you as a client of KitFoxInk! To make sure that our understanding and expectations are clear and aligned, I am providing you this explanation of services and professional Services Agreement. Commitment to Service

Before we go further into the terms of this agreement, I want to take this opportunity to extend to you my sincere commitment to provide you with a state-of-the-art product, aligned with your expectations, and meeting the standards of excellence for design, service, and support, within the parameters of what we agree to. The rest of this Agreement outlines the understanding of how I will provide my services to you and what I will need from you in order to provide and complete my services for you. Who Owns the Product? What are the Rights to Materials and Who Will Own Them?

To build you the best site possible, I will be asking you for planning information, including design and style parameters, search terms, and substantive content for the website. Once the website is finished and I have been paid for my design and development work, the site becomes yours. At that point, may modify, delete or reproduce any content. Unless use of the content of your website is restricted by other providers of your content, you are free to use the content from your website in print, video, or audio, and you can use it for other websites or publications.

All content that you provide, such as text, images, video, and graphics remain your property. Any content that I create for you using your resources remain your property. For example, if I create a banner image using your logo, the image remains yours. In addition, any stock images, code, or other content I buy for you for your site become your property when my work is finished and paid for.

It is your responsibility to have proper legal rights to the material you intend to post on your website. Except for any content I may provide (stock images, etc.) I assume no responsibility for ensuring that you have proper legal rights to the content that you provide me. You agree to assume full responsibility for the content you provide for me to post and are solely responsible for defending any claims arising out of your use of the content.

I (KitFoxInk) reserve the rights to all underlying work and material, including but not limited to the programming code and any proprietary stock images, backgrounds, or videos or other images or content that I may provide that are not specifically provided and purchased by you as a part of your web content and any other content that we may agree to in advance.

In return for designing and building your website, you agree that I have permission to use references to and the public image of your finished website for the purpose of showing my capabilities in website design to other current or potential clients (my resume and marketing). You also agree that I may include on your site a discreet link/reference (typically on your home page) that states that your website was designed and developed by Kit MacAllister/KitFoxInk and referencing any applicable design standards that your site meets, such as W3C.

If you have any questions about content ownership, please discuss them with me in advance so that we can confirm our mutual understanding about ownership. Hosting

I claim no responsibility for web-hosting or domain services. I can help facilitate your purchase of a domain name and web hosting. These services are provided by third party providers and I do not work with them directly. Retainer and Professional Services Fee

I will require an advance payment for services before I begin my work. Based on the scope and scale of the anticipated work, you and I will agree on the appropriate amount. Typically, the retainer will be calculated to represent approximately 25 to 30 percent of the anticipated total professional services fee. The retainer will be applied as payment for services and will be deducted from your final fee. If for any reason, such as early termination of services or a significant change in scope, the retainer exceeds the total fee for services, the balance of the retainer will be refunded to you.

I will keep careful records of my time and provide you with a detailed invoice on completion of the project. You agree that you will pay me the balance of my fee within thirty (30) days of receiving my invoice. On receipt of final payment in full, you receive the ownership rights to your site as explained in this Agreement. Should you, for any reason, fail to pay my professional services fee, you agree and understand that I retain the full rights to the website and that I have the right to block access to the website pending resolution of any dispute and payment of any outstanding fee.

Suggestions To Minimize Website Development Costs

1. Spell check all the content that you provide me IN ADVANCE. I will use the content you provide in my development, and once it is incorporated as web content it is much more difficult to address content and spelling changes.

2. Have a clear vision of what you seek to include as content before you provide it to me. This allows me to design a site that works well with your content. If you change your mind after I have incorporated your content, it is more costly and difficult to edit.

3. Understand that even though you may be able to view partially completed work of your site on line, the first views of your website represent a work in progress and at this stage you are given access to best enable us to collaboratively refine and complete your site.

4. The more detail you can detail you can provide me in advance of your vision of the look of your site the better, however changes to fonts and color can readily be made at any point.

Resolving Concerns

I am earnestly committed to providing you with an excellent product! If you have any questions, issues, or concerns about how the work is progressing please contact me as soon as possible so that corrections or changes can be made as soon as possible. I look forward to working with you!