Terms and Conditions

Terms and Conditions

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Fast Creatives Designs is comprised of website hosting, maintenance, security services and website backups provided by us to you as outlined below.   In this document, we try to write everything in plain English, and, to do that we use terms like “We” and “You.” “We,” “Us,” “Our,” and “the Company” means Fast Creatives. The “You” or “Client” in this document is you, our Client.

Contract Start Date

This Website Design Agreement is made effective as of the day that this agreement is signed. It will be signed by the “Owner of Business or Representative” and Fast Creatives

The Project

You are hiring us to complete your project according to the specific scope of work we described in the proposal of services document you will receive. The proposed cost of the project in the proposal includes only this work. When you hire us, we are independent “work for hire” contractors and not employees of you or your business.

The Proposal of Services    

The Proposal of Services details the work we will deliver to you, including without limitations, the deliverables and specifications thereto, and any and all compensation to be paid for such work. If additional services are requested by the Client, the parties may enter into one or more other Proposals of Service signed by the parties. Notwithstanding the foregoing, the terms of any Proposal of Services entered into between the parties, shall be in addition and supplemental to the terms of this Agreement. If there is a conflict between this Master Services Agreement and any part of the Proposal of Services, the terms of the Proposal of Services shall be binding regarding scope of work and the fees for said work.

Late Payment and Collections

Monthly Services are purchased on a month-to-month basis. Payment is due on the first day of the current term and is considered overdue after 30 days. If your payment for Monthly Services or any other services we provide to you is more than 30 days past due, WE RESERVE THE RIGHT TO SUSPEND YOUR WEBSITE FROM PUBLIC VIEW UNTIL ALL OUTSTANDING BILLS ARE CURRENT. THIS WILL OCCUR IF YOUR PAYMENT IS 3 MONTHS OUTSTANDING. Bills will be sent for current month on the 1st of the month. We also need a credit card on file in case of non payment after 1 month of nonpayment. We will reach out before charging your card.   Client agrees to pay all costs of collection, including reasonable attorney’s fees, as additional sums owed under this Agreement. Client further acknowledges and agrees that if a check tendered for payment is not honored by the bank for non-sufficient funds (“NSF”), it will not be re-deposited. If the bank does not clear the check, the Client will incur a fee of $35.

Cancellation and Refund Policy

YOU MAY CANCEL MONTHLY SERVICE WITH A 30-DAY NOTICE.    WE DO NOT OFFER REFUNDS ON ANY OF OUR SERVICES.   IF YOU ELECT TO DISCONTINUE MONTHLY SERVICES, THE TOTAL RESPONSIBILITY IS YOURS FOR PERFORMING BACKUPS AND KEEPING ALL COMPONENTS OF YOUR WEBSITE BACKED UP, SECURED, AND UPDATED.   If you desire to migrate your website to another web host, we will at your discretion (1) provide you with an administrator login for your WordPress site so a backup can be performed and migrated to the new location, (2) provide a backup for you created using an industry standard WordPress backup system at no cost or (3) perform the website migration for you at our current hourly rate (at the time services are requested).   In the event of such termination, the Owner shall be obligated to only pay for actual services provided by the Designer and for expenditures incurred with the Owner’s approval.

Communication

We are available via email and phone Monday through Friday from 9:00 am to 5:00 pm Eastern time. Our normal response time is one business day, though our response time may vary. We do not work on weekends or holidays. Clients with current website management services receive priority response times.

Office phone and email are the primary means of communication accepted for our work together. We do not communicate via mobile phone, text message, social media, or instant/private messaging (like Facebook Messenger) since we cannot track these requests as a team.

In order for your website to be completed, we will reach out via email to discuss your project. This includes tasks, feedback required, content needed or other various items.

After our first email, we will try every week for two  (2) months. At that point, if there is no communication, the project is considered "non- active" and we will be removing the website from our servers and put the project on hold. When you decide to start working on the project, we will add the website back to our servers, this requires a call to determine the status of the project and a deadline to get it finished and launched.

Website Content

We DO NOT include content creation with our projects. We can do so for an additional charge.

Third Party Services

From time to time, our clients might employ a third party (such as but not limited to a Search Engine Optimization professional, social media professional, or content writer) whose services involve modifications to the website. WE CANNOT BE RESPONSIBLE FOR THE WORK OF A THIRD PARTY. Should our services be necessary due to any work performed by a third party, these services are billable at our current hourly rate.

OUR WEBSITE MANAGEMENT PLANS DO NOT COVER WORK NECESSARY DUE TO ACTIONS PERFORMED BY A THIRD PARTY. SHOULD OUR SERVICES BE NECESSARY DUE TO ANY WORK PERFORMED BY A THIRD PARTY, THESE SERVICES ARE BILLABLE AT OUR CURRENT HOURLY RATE.

Payment Schedule

In consideration of the services to be provided hereunder the parties agree that the Company shall be paid in accordance with any Proposals of Service executed by the parties pursuant to this Agreement.

Our standard payment terms are:

  • 50% of the Cost of Proposed Scope of Work due as a non-refundable deposit upon execution of the Proposal of Services and this Master Services Agreement
  • 50% once website is launched.

The project must be paid in full, including any amount of the change budget used, once website is launched.

At our discretion in certain cases, we may request that payments be made at certain additional milestones. If milestone payments are necessary, they will be specifically detailed in the Proposal of Services.

Email Deliverability and Email Service

Occasionally, your website may send email when certain events occur such as the completion of a contact form, sale of a product, update/reset of a user’s password, etc. mails that are automatically generated by the WordPress system are often flagged as spam (or not delivered at all) by email providers like Google/Gmail, Microsoft, Yahoo and others.   SINCE WE CAN ONLY CONTROL THE SENDING OF EMAIL AND NOT ITS RECEIPT OR INTERCEPTION, WE CANNOT BE HELD RESPONSIBLE FOR ANY EMAILS THAT WERE NOT DELIVERED TO THE CLIENT FOR ANY REASON.   It is the Client’s responsibility to regularly check spam folders and website form and order interfaces for any notifications that were not delivered to the Client’s inbox.   WE ARE NOT RESPONSIBLE FOR SUSPENSION OR LOSS OF DOMAIN NAMES BECAUSE YOUR CARD COULD NOT BE BILLED. Any time spent re-establishing your site after a domain expiration is billable at our current hourly rate at the time services are requested.

Email service is not included in any of our Monthly Services plans. We recommend excellent third party services such as Google Apps and Microsoft Office 365. We can help establish either service for an additional fee.

Monthly Services

Monthly Services combines software updates for WordPress core files, themes (if applicable), plugins, and to make sure the website is working properly.  This is optional and not required.

●       Overall Website Function

This includes making sure your website is working, contact forms are working, and your online store (if applicable) is working.

●       Website Backups

Your website’s files and database will be backed up automatically each day.  This backup is stored in our cloud data vault.

●       Software Updates

Every 2 weeks, at our discretion, we will apply available updates for the WordPress core software, your theme files, and your plugin files. We perform these updates for the items that appear in the “Updates” area of your WordPress dashboard. We also watch WordPress industry security news and proactively perform these updates more frequently during times of enhanced threat levels.

While it is impossible to guarantee that your site will never be hacked, all of these techniques make your website a more difficult target for hackers. In addition, it is well known that hackers tend to exploit easier targets first – sites without security measures in place. However, in the event that your site is hacked, we will restore it to pre-hack condition at no additional cost either by restoring a site backup or performing a malware cleanup at our discretion. We shall have no other or further liability beyond restoration of the site to the nearest available pre-hack condition.

●        1 hour of support each month

This includes website changes, text changes, pictures changes.

Hosting Services

Our website maintenance plans, includes website hosting. Our website hosting is optimized for our workflow. Since using other servers typically requires a change in our workflow (and makes the project take longer as a result), there will usually be a surcharge added to your proposal if we do not host your website.

In addition, if you elect not to host on our server, we cannot be responsible for the speed of your website, the performance of any of your website features, security certificates for your website, the uptime of your website, or any other hosting related matter.

FIXING ANY PROBLEMS RELATED TO WEB HOSTING, OR PROJECT DELAYS RELATED TO WEB HOSTING ON A SERVER OTHER THAN OUR OWN IS BILLABLE AT OUR CURRENTLY HOURLY RATE.

Restoring and Plugin Support

Restoring Backups Should your site become compromised by a hack or if your site becomes inoperable because of user error, we will restore a backup for you. If the restorations are the result of a hack, there is no limit to the number of restorations we will perform for you under this service. We do not guarantee your site is hack proof. We put things in place to make hacks less likely. If your site is hacked, we will charge separately for the site to be repaired.

Premium Plugins If you hired us to build your site and we implemented premium plugins that require an annual paid subscription to receive updates, we will maintain the appropriate licenses for you as long as you subscribe to the monthly service. If you do not subscribe to the monthly service, we will not use any premium plugins. If we did not build your site and it includes premium plugins such as these, it is your responsibility to maintain the appropriate licensing to ensure the availability of updates. We cannot be held liable for problems such as but not limited to hacks, inoperability or intercompatibility that arise from premium plugins which you choose not to license and/or are out of date.   WHILE WE CAN IDENTIFY MANY PROBLEMS BEFORE THEY ARE NOTICED, IT IS YOUR RESPONSIBILITY TO INFORM US IF YOUR SITE IS EXPERIENCING PROBLEMS AND NEEDS ATTENTION.

Disclosure to Law Enforcement

We may disclose information about our Clients to law enforcement agencies without further consent or notification to the Client upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Indemnification

The Client agrees to indemnify and hold harmless Fast Creatives, its subsidiaries, contractors, employees and affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Client’s use of the Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Intellectual Property Rights (Who Owns What)

“Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

Your new website will be built using the WordPress content management system. WordPress and its associated software are “open source,” distributed under the GNU General Public License. We use WordPress to power your website, but neither of us “own” WordPress or the third-party plugins used to add features to your website. When you hire us to build your website, you are not purchasing WordPress, you are retaining our services to create a customized website using the WordPress system.

When we utilize images or other content that are licensed for use on your website by a third party, that party retains ownership of the content in question according to the terms of their own license agreements. For example, if we use a stock photo on your site, you typically pay for the license to use the photo on your site but you do not own that photo. If you have questions about licensing issues like this, just ask.

When your project is completed, or payment in full for your project has been received, and provided that this contract hasn’t been terminated, we’ll assign intellectual property rights to you as follows:

You own the website and visual elements we create for you and you may do whatever you want with it. Upon request, we will provide the source files for any custom artwork that was created for your project. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

We own any intellectual property rights to anything we have developed prior to, or separately from this project. During the process of creating your website, we may create design, code, functionality, and processes. While this work is used on your website, we retain ownership of these as our intellectual property and reserve the right to use them in future projects. This re-use helps us serve our future clients better, just as your website will benefit from what we have learned and developed in previous projects.

Changes After Launch

The design project described by the Scope of Work in the Proposal of Services concludes when your website is launched. Though we are happy to help you with changes to your website after launch, any changes or modifications that were not included in the original scope of work, other than fixing existing bugs (see below), are billable at our current hourly rate.

An “existing bug” is an error in the programming we provided that existed prior to launch and affects the operation or appearance of your website.

Additional costs at our current hourly rate will be incurred for future support requests such as but not limited to:

  • Your website has problems or stops working after an update to WordPress or any plugins or software you are using (note: our website management plans cover these ongoing compatibility issues, see below).
  • You or a third party add code or a plugin to your site that affects its operation.
  • You need assistance adding new plugins or features to your site that weren’t included in the original project.
  • A new version of a web browser has issues displaying your website properly.
  • You or a third party make changes or alterations to any part of the site.
  • Your site gets hacked or compromised and/or you lose files or data.

Choice of Law and Forum

This Agreement, and any related Statements of Work, shall be construed in accordance with, and governed by, the laws of the New Jersey without regards to Conflict of Law principles. In the event of any dispute or disagreement with respect to the meaning, effect or interpretation of this Agreement or in the event of a claimed breach of this Agreement, the parties hereto agree that such dispute shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitration shall be conducted in Bergen County, New Jersey unless both parties agree, in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

Refusal or Discontinuation of Service

We reserve the right to refuse, restrict, or terminate service to any Client for any reason. We will give 30 days notice of termination.

Description of Services and Price

The Designer will design a website for the Owner by timely providing the design and programming services listed in the services mentioned above in a professional and timely manner.

License Usage

This section will say who has the rights to the different licenses. If Fast Creatives Designs owns the license, then they allow the client the ability to use it. Upon termination of contract, the client is responsible for buying the license in order to make sure the website is fully functional.   We include licensing for the first year. After year 1, the price of licensing is $150 per year

Domain- Client pays for If on a monthly plan; Fast Creatives pays for all licenses. If not on monthly plan, it is included for 1st year and then $150 pre year after

Disclaimer of Warranty

Warranty- Designer   The Designer warrants to the Owner that all website designs are free from defects. The website will work with widely used web browsers. The Designer will fix any “bugs” that do occur within the term of the contract. All projects that are completed will be reviewed before sent. If any problems arise, Designer will fix until they are resolved, within the terms of the contract.

Warranty-Owner The Owner represents and warrants to the Designer that the Owner owns (or has legal license to use) all photos, text, artwork, graphic designs, trademarks and other materials provided by the Owner for the inclusion in the website and that the Owner has obtained all waivers, authorizations and other documentation that may be appropriate to evidence such Ownership. The Owner shall indemnify and hold the Designer harmless from all losses and claims, including attorney fees and legal expense that may result by reason of claims by third parties related to such material.

Severability

No part of this Agreement will be affected if any other part of it is held unenforceable or invalid.

Headings

The headings in this Agreement are inserted for convenience only and are not a part of this Agreement.

Entire Agreement

This Agreement, and any Proposals of Service attached, constitute the entire Agreement and understanding of the parties with respect to the transactions contemplated hereby and supersedes any and all prior agreements and understandings relating to the subject matter hereof. This Agreement may not be waived, assigned, extended, amended, supplemented or modified orally, but only by a written instrument signed by the party against whom enforcement of any such waiver, assignment, extension, amendment, supplement or modification is sought.

Modifications

This Agreement may not be changed or modified except in writing signed by both parties.

Advertising

Fast Creatives deserves the right to advertise your website on our website and across social media. This includes doing a case study  on your website and what we did for you. On social media, it will be a picture of your homepage and a caption about your business.

Limitation of Liability

In no event shall either party be liable for any indirect, incidental, special or consequential damages, or damages for loss of profits/reputational harm, revenue, data, or use, incurred by other party or any third party, whether in an action in contract or tort, even if such party has been advised of the possibility of such damages. Total liability is limited in all cases and in the aggregate to the amount of fees actually paid by company for the corresponding service during the twelve (12) months preceding the date of the event that is the basis for the claim.

Assignability

Neither the Company nor the Client may assign this Agreement without the prior consent of the other.

Delay Clause

For unforeseen circumstances, please allow a delay for final product to be delivered. We will always be in contact with you about scheduling and issues that arise

Website Accessibility

The parties to this Agreement understand and fully agree herein that, the scope of the services being rendered by the service provider with respect to the website design (and/or maintenance of the website), does not include any representations or guarantees pertaining to the website’s legal compliance under Title III of the Americans with Disabilities Act, GDPR compliance, and/or any other federal/state website accessibility law.  Any and all such issues would need to be addressed either by: (1) the customer obtaining their own legal counsel to ensure ADA Website compliance and/or an appropriate vendor; or (2) the customer contracting with Fast Creatives for this additional website compliance service, which would be an additional service and cost (and would be subject to a separate agreement related to said terms/conditions).

If laws require that your website is accessible to users with disabilities, or if you desire for it to be, it is your responsibility to inform us of this requirement.

WE DO NOT GUARANTEE TO MEET ANY COMPLIANCE FOR ACCESSIBILITY OR OTHER REQUIREMENTS UNLESS WE HAVE EXPLICITLY AGREED TO DO SO AS PART OF THE SCOPE OF WORK.