Terms & Conditions
As they say - it's all in the details! Here you'll find the terms of the services I offer. These are considered an extension of your quote, estimate or contact and should be referred to before initiating our project.
All estimates and/or quotes are based on my understanding of your project requirements and the given timeframe. Any changes to the functionality including micro-improvements may incur additional time & costs accordingly. I may ensure to clarify my understanding with a face-to-face meeting, or phone call.
- By accepting an estimate/quote, you agree to and accept the terms and conditions of Googoo Design. Acceptance can be verbal, by email, payment of Initiation, or by signing a quote or contact.
- Clients, ensure that I have included all requirements in the provided quotes/proposals/estimates and that I fully understand their requirements. Clients must provide Googoo Design with clear guidelines along with the flow or specific details they may require. When such details are not provided, I will proceed with my understanding of the requirements and quote/estimate accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, you must clarify every aspect of your website development and ensure that you have been quoted on the correct requirements.
- Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. I operate in good faith and rely on my clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Googoo Design.
- There are limited hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analyzed on a case-by-case basis.
- If our project is in the realm of digital illustration, digital imaging, graphic design, or general creative work - revisions are limited to 3, unless otherwise specified within our contract. Any additional time will be billed by the hour.
- Googoo Design will make every effort to complete the project or project changes in the given time frame. Reasonable delays are accepted if functionalities are redefined or modified.
- Any delays on the client’s end, may delay the project and proposed time frames and may incur additional costs.
- Any bugs (programming errors) reported during or just after the development does not attract additional charges.
- Changes in the design after the design approval will incur additional charges. Any re-work on an already completed task will attract additional charges.
- Any modifications requested during the development will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Googoo Design be liable for any delays caused by changes in the project brief.
- Website/application content and all related materials need to be provided to me within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond a reasonable timeframe.
- My websites/applications are generally tested on PCs and include near recent versions of the following browsers: Microsoft Edge, Firefox & Chrome. If you require testing to be done on any other browser, please let me know in advance.
- Responsive/multi-device compatible web pages are tested on Andriod phones, tablets a Windows PC. If you require testing to be done on any other device, please discuss it in advance.
- If your website/application is not hosted with Googoo Design, any additional hours that may be required due to any server or network related issues are not covered in my quotes/estimates and may be charged separately unless otherwise stated.
- If you require the project to be put on hold, please advise me in writing in advance. To put the project on hold without incurring additional charges, I will need the account to be up-to-date based on the work done. Further details can be discussed if such a situation arises.
- Your website will be designed to be deployed on the web using a commercial-grade web server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic/outdated office network environment.
- Depending upon the functionalities required, there may be third-party components such as Payment Gateways or SSL (Secure Socket Layer) certificates involved in building a website/application. Although Googoo Design does its best in recognizing the suitability of any such component, any unforeseen limitations of third-party components are beyond my control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses, etc) are not included in my quotes/estimates unless stated.
- Googoo Design offers packages in coordination with third-party providers for web hosting and subscription-based services for invoicing if necessary. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
- The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly concerning the integration of third-party software. I try my best to complete the project as agreed in the time frame. As long as it is within a reasonable period, the client agrees not to penalize me for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
- Domain registration/renewal charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote will be submitted separately and approved by the client.
- Hosting charges are not included in the quotations unless mentioned otherwise. Googoo Design can organize an appropriate hosting solution if required, a quote that will be submitted separately and approved by the client. Please note that I’ll require full access with hosting support for testing and deploying the application. Googoo Design will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
- Googoo Design generally builds & tests the websites/applications on my servers or hosted domains. I cannot give access to my testing servers or test websites to any clients or third-party. The website/application can be transferred-off to a nominated third-party server upon full payment of all invoices and dues.
- Upon receipt of full payment, the Designer grants to the Client the perpetual exclusive license of all rights excluding the right to authorship credit. I agree that Work is produced with the intent that it is unique and will not seek to resell or publish Work, except as noted below.
The Designer may use the Work in their portfolio (including, but not limited to, any website that displays the Designer’s Works). The Client does not have to display the Designer’s name together with Work. The Client may not seek to mislead others that Work was created by anyone other than the Designer. The Designer agrees not to showcase Work until it is launched by the brand or company itself.
- All communications/correspondences are generally done via emails. It is the client’s responsibility to keep me updated with their relevant email addresses.
For general website design & development projects I employ the following steps:
- Upon quote acceptance/signoff, initiation payment is processed to start the project. As required by the project, I may hold a Scoping Workshop to discuss the requirements in detail.
- Once I have the brand details such as logo(s), images & branding materials, etc. I will have a mock-up for your review based on the time frame mentioned within this project brief.
- You can review the design and suggest improvements accordingly. Depending upon your project, generally up to 3 to 5 design modifications can be done within the given estimates. Please refer to your allocated design and development hours for details.
- Once the design is finalized & approved, I will proceed with the development.
- Please provide all content and copy before the development phase if not already provided. If we're using the content from your previous website, no problem.
- Once the site is ready from my end, I generally hand it over to you for further review, test, and/or to upload/change contents as necessary.
- Unless otherwise specified, at this stage I'll need a Go-Live date to make the new website/project live.
- Your website can be made live within 3 to 5 working days of a Go-Live approval, assuming that the accounts are clear. Kindly note that I require full payment before transferring the website to any external servers.
- Kindly note, there are limited hours allocated for any project. The estimates for all websites under $5000 are based on an assumption that projects will be completed over eight to twelve working weeks depending upon the size of your project. Any further delays may increase project management costs. If you do not believe the project to be completed within this time frame, please do let us know before starting the project.
- Generally speaking, going back-and-forth takes a lot of time. I encourage you to provide all necessary details, at the start of the project to ensure that the project time is efficiently utilized on your project and you do not incur any unnecessary additional costs.
- You will be kept updated via emails and/or telephone calls as the project demands. However, please do not hesitate to contact me at any time you require a project status. Please always keep us updated with your relevant email addresses/contact details.
- Unless otherwise stated, once the website/application has been made live on your domain, it is your responsibility to take regular full back-ups and to update all components and third-party software.
- I consider myself to be very adaptable & approach all requests with a ‘can-do’ attitude. If you require something changed, please feel free to discuss it with me. If you require further details or have any questions, please reach out. I look forward to working together with you on your project!
All prices are quoted in Canadian dollars and are inclusive of H.S.T unless specified.
- All invoices are to be processed as per the schedule via your preferred method of payment.
- There is a surcharge for payments made via Square Invoicing Software. Unless otherwise stated, I may charge up to 3% of the total invoice for these costs.
- Deposit payments must be made within 5 working days of each milestone/schedule unless mutually agreed otherwise. Final payment must be made before the website/application/project going live.
- Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project, and terms & conditions.
- Googoo Design reserves the right to negotiate and refund the appropriate portion of the amount paid by the customer towards the requested service(s). If you cancel your project after making a payment, but the work has not commenced, I will refund the payment. If the order is canceled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail or email found on your contract or invoice. Telephone requests on cancellations will not be accepted. For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.
- Late fees: All outstanding invoices will incur a late payment fee of $100 every 30 days of the pending amount. An administration fee of $20 every 30 days, from the due date, will also be added.
- Due date: Is the date on which the payment is due as per the terms on the invoice/proposal.
- Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 30 days of the expiry of the due date.
- Debt Collection: Failure to pay after 6 months will result in the outstanding amount being referred to legal action, and/or a debt collector. Googoo Design will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.
- If you are late with a payment or have any queries regarding the Invoice, please contact me immediately on receiving the invoice or reminder emails.
- All communications/correspondences are generally done via emails. It is the client’s responsibility to keep us updated with their relevant email addresses.
- Any payment relating to the domain name registration renewal or hosting or any third-party products or service purchased on behalf of the client will have to be paid in full and are non-refundable. In case of all renewal cancellations, I must be notified at least 30 days before the renewal date.
- Googoo Design builds and tests the websites/applications on company servers or hosted domains. The website/application will be transferred-off to the nominated third-party server upon full payment of all invoices and dues.
Hosting is an annual charge which must be paid in advance for the whole year. You will be invoiced 30 days before your anniversary date. Failure to renew in time can lead to loss of files, data, emails, backups, etc. All unpaid hostings are disabled or deleted from the server.
All renewals must be paid by seven working days prior to the expiry date. Googoo Design will not be responsible for issues relating to the delayed payment.
Hosting is on shared servers hosted via third-party providers. Googoo Design ensures to the best of our ability that the systems & servers are protected from hackers, viruses, intruders, and other online and offline problems, however, I will not be held liable for any disruption of services if such a situation arises.
The client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
In case of a malware attack, Googoo Design reserves the right to delete files on the hosting service without giving any prior notice.
Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be canceled and must be paid for the full year.
If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and DNS records. Additional charges will be applicable to re-enable the hosting. Googoo Design will not be responsible for any loss of data, files, emails, backups, restoration costs, etc.
If a hosting has been canceled or disabled then all files, emails, databases, and backups will be deleted from the server without any notification to the client.
All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.
Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
Googoo Design offers packages in coordination with third-party providers. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
Hosting is on shared servers hosted via third-party providers. Googoo Design ensures to the best of our ability that our systems and servers are protected from hackers, viruses, intruders, and other online and offline problems, however, we will not be held liable for any disruption of services if such a situation arises.
All maintenance packages are for a minimum of 12 months.
Maintenance packages are billed annually in addition to any basic website & email hosting, custom branding, or graphic design services.
Packages are designed to serve website maintenance tasks such as:
- checking the status of WordPress & WordPress plugins, page functionality and form upkeep,
- updating and managing WordPress & WordPress plugins when necessary
- testing & resolving issues related to your WordPress website & plugins after major updates (if necessary)
- changes to content that has already been created and signed-off on after the completion of your website/application. This includes visuals, forms & text.
The hours may not be used for projects such as full redesign, major functionality add-ons, or advanced web server maintenance such as:
- monitoring/examining web host server temperature & checking server log files
- monitoring/examining web host server security features outside of web hosting packages with Googoo Design
- installing server security software patches/updates
- installing or updating antivirus software on computers within your personal/professional network
- performing regular back-ups of client website outside scheduled or major updates to your website/application or plugins.
- performing back-ups of client emails outside of hosting packages with Googoo Design.
Non-Inclusive of any Digital Strategy, Business Analysis, Digital Marketing, or a rebranding of your company logo.
Work-hours are tracked in 15-minutes blocks. The support time is used once every month to take a full backup of your website. After that, I work on updating your CMS and plugin versions along-with any website fixes that may arise as a result of the updates. Any additional work hours are requested for your approval.
Googoo Design employs fair use policy, which means that although I don’t formally transfer over any unused time to the next month or formally accumulate "unused" hours, I do understand that your needs may change, and I allow flexibility in good faith sometimes.
The Website Maintenance is a prebilled 6.25 hours of time for basic tasks mentioned above. Any extra hours used will be billed separately @ $85/hour tax included..
Support requests need to be sent via email to firstname.lastname@example.org
Any urgent tasks may be charged separately within reason.
The package is auto-renewed every year on its anniversary date.
An administrative fee of $25 will be charged to the client's account for any late payments or declined credit card charges.
In case the Client needs to cancel, please inform me in writing (email) at least one month before the renewal date.
For any reason, if the Client decides to terminate an on-going maintenance package there will be no refunds unless otherwise specified.
Googoo Design reserves the right to terminate annual maintenance at any time with written notice to the Client.
In an event of a dispute, Googoo Design reserves the right to charge the client in full for the work already completed, as well as for the resources spent in managing the dispute. In such an event, Googoo Design reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Googoo Design be liable for any damages arising from misrepresentation or misinformation.
Googoo Design reserves the right to refuse service to any client if their values are not aligned with my business operating principles and policies.
While I do my absolute best, Googoo Design provides its services as is, without any guarantees on security or other issues leading to loss of data, sale, or reputation. I ensure to the best of my ability that my systems and servers are protected from hackers, viruses, intruders, and other online/offline problems, however, I will not be held liable for any disruption of services if such a situation arises.
The relationship of Googoo Design with its suppliers, partners, and sub-contractors is independent. None of the parties have any power, right, or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.
The client will indemnify and hold Googoo Design, its licensors, content providers, service providers, employees, contractors, and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms & conditions, policies, or procedures herein, including, without limitation, any use of the contents other than as expressly authorized in these Terms and Conditions.
Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any/all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Googoo Design.
Googoo Design will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to natural disaster, war, disorder, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government, or other competent authorities.
Googoo Design reserves the right to change the content or policies without any prior notice. Please keep updated on the Terms and Conditions on my website at https://googoodesign.ca/terms
Unless otherwise specified, the project related copyrights can be transferred to the client at an additional cost, after the full payment of the project is received, and upon signing the Certificate of Acceptance. Googoo Design reserves the right to refuse the transfer of ownership if irregular circumstances arise.
Copyrights handed over to the client do not include rights to re-use the content for another website or re-sell the programming codes, licenses, or art for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose.
In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.