Terms of Service
We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what, and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
In a Nutshell
You are hiring Easy Web Co. by OGAL Web Design to build your business a new website for the agreed-upon price for a duration of 24 months. After 24 months your contractual obligation is completed, at which time you will roll into our month-to-month management plan, or you may take your website and leave Easy Web Co. by OGAL Web Design. If you choose not to cancel after 24 months, you will continue to use our services month to month for the cost of your plan, which can be canceled at any time.
What do Both Parties Agree to
The Client (That’s you)
You have the authority to enter into this contract on behalf of yourself, your company, or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound to keep the project moving speedily. You also agree to stick to the payment schedule set out by the terms of the subscription billing.
Easy Web Co. (That’s me)
We have the experience and ability to do everything we’ve agreed with you, and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us.
Our typical development time is approximately four to six weeks. Add-on services may add up to 1 business day onto our project timeline per add-on item. Custom websites will take longer typically adding an additional 2 weeks to your timeline. Typical correspondence from both parties should be no more than one business day. Any wait time beyond this may add additional time to the project being launched. Our development time is accounting for our deliverability but does not account for any additional time added to the project by the client requesting multiple revisions or lacking in communication. These extenuating factors will delay your project timeframe.
What Will be Included in the Website Build
Custom Easy Web Co. design, website hosting & security, unlimited content updates, dedicated account manager, mobile + performance optimization, contact form, Google Analytics integration and up to 5 pages.
Custom Easy Web Co. design, website hosting & security, unlimited content updates, dedicated account manager, mobile + performance optimization, contact form, Google Analytics integration, on-page SEO, blog, directory, or listings, lead capture or custom forms, and up to 10 pages
Custom Easy Web Co. design, website hosting & security, unlimited content updates, dedicated account manager, mobile + performance optimization, contact form, Google Analytics integration, on-page SEO, blog, directory, or listings, lead capture or custom forms, , popup lead captures, email marketing integrations, Google Business Profile setup & optimization, copywriting collaboration, and up to 30 pages
You are not limited to the number of revisions you request to your website. Most revisions can be completed in no more than 3 business days. Revisions can add to the total development time, which may impact deadlines or launch dates.
What Will be Included in the Monthly Maintenance
Premium web hosting, security certificates (HTTPS), 3rd party daily backups, uptime monitoring, automated security checks, automated performance checks, plugin updates, theme updates, WordPress updates, unlimited content edits, unlimited support available when you need it! Our monthly maintenance plan is provided to you absolutely for free for the first 24 months!
You can request updates to your website anytime by emailing the project manager assigned to your account. All tech support needed to keep your website running smoothly is included for free at no extra cost. We will respond to your email in a timely manner, please allow up to 2 business days for us to address any technical difficulties.
You will have a go-to team member that will be your primary line of communication. During the site development, you’re assigned project manager will be your primary line of communication. After your website is live, your main contact for updates to your website will be your client success manager. Although other team members may at times reach out to you, that doesn’t mean they are now your line of communication, it’s important to follow communication guidelines with the prescribed team members assigned to you for the best outcome. If you do not follow our communication guidelines, there may be delays or breakdowns in communication. Please communicate with your assigned team members only. You are expected to communicate with us via email and in a timely manner. If you request other means of communication, we may be able to facilitate those requests, but we do not guarantee it. Our only means of communication from Easy Web Co. by OGAL Web Design to you, our client, is solely email. If you would like to speak on the phone you may request a scheduled call with your assigned team member, simply email them asking for their call schedule.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings, or other incidental, consequential or special damages, even if you’ve advised us of them. Your liability to us will also be limited to the number of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings, or other incidental, consequential or special damages, even if we’ve advised you of them.
For the first 24 months of your contract, you have a complete and unrestricted license to use the website in any way you wish. You will not however be given ownership of the WordPress files until after your first 24 months. After 24 months you will continue to have an unrestricted license to use the website in any way you wish as well as full control of any and all website files. We maintain the right and ownership to utilize any designs and images that we created for your project to be utilized in any of our other projects.
Displaying Our Work
We reserve the right to display all aspects of our creative work, including screenshots, work-in-progress designs, and the completed project on our portfolio and in articles on websites or any other media. We are proud of our work and reserve the right to apply the text ‘Web design by Easy Web Co. by OGAL Web Design ’ (or any combination of text citing Easy Web Co. by OGAL Web Design ) on your website. Should you wish to remove the credit, a fee of $250 applies. Removal of our name does not mean surrendering our design credit to any other party. Without our expressed consent, you agree that “web design by OGAL Web Design” (or any combination of text citing Easy Web Co. by OGAL Web Design ) will be visibly displayed on your site acknowledging design credit.
Scope Of Work
The scope of work will be determined by which package you choose. If you decide to add more pages, content writing services, or any other services not previously agreed upon at the beginning of the website project these addons will be subject to additional costs, and the timeline of the project will be extended.
Content Writing Services
Content writing is available as an add-on service for your website. We will discuss which pages you require and complete all content writing needs for you if you purchase our content writing services. Special requests for content must be made upfront, content revisions for technical reasons that were not explained prior to our content team developing the copywriting are not permissible. If this situation arises, you must make the content revisions necessary in a word document and then deliver the revised content to us. You may not reject our content writing for anything that was not previously disclosed to us via email prior to hiring us for content writing services. If you are unsatisfied with our content writing for matters that were discussed, we will gladly revise the content for you. You need only to let us know which areas you are dissatisfied with email those to your project manager and our content team will make the necessary revisions.
Content Submitted by the Client
If you decline to use our content writing services, you will be responsible to deliver all necessary content writing for your website. We’ll provide you with a working prototype of your website, and you’ll have the ability to easy submit your content while browsing the website from the front end. No technical expertise will be required!
You acknowledge that while accessibility standards (WCAG 2.1 AA) exist, there is currently a lot of legal uncertainty as to what implementations meet these criteria for making your site compliant under the Americans with Disabilities Act (ADA) and other laws. We will certainly do our absolute best based on our knowledge and experience to provide you recommendations and guidance that meet legal requirements (and let you know about the gray areas), but due to the evolving nature of those legal requirements, we cannot be legally liable for your site accessibility, even if you bear that legal liability and may be the subject of a lawsuit. Ultimately, the responsibility for website accessibility rests with the site owner.
We’re sure you understand how important it is as a small business that you keep up on your automatic billing. Your credit card will be billed monthly for the amount agreed upon once per month for a continuation of 24 months through our billing system. This can be canceled at any time after (but not before) your 24-month commitment is completed.
Any contracts that are terminated before the final 24-month agreement is completed will be given a cancellation fee of 50% of your remaining balance and your website will be terminated. If you wish to cancel your contract and take your website to another provider the remaining balance of your contract must be paid in full, then will we package up your website files and transfer them over to you. If you cancel your billing before your 24-month commitment is completed, or dispute any monthly payment to Easy Web Co. by OGAL Web Design , this will voluntarily cancel your contract with Easy Web Co. by OGAL Web Design , and the early termination clause will be invoked immediately.
We understand you may have a late payment due to insufficient funds or an expired credit card, we understand this and will email you reminding you that your payment was missed. Any payments that are 30 days past due will incur a $50 late fee.
Delinquent and Defaulted Payments
If you are delinquent for more than one month in your billing, your website will be automatically frozen. If your billing reaches six months of delinquent payments your billing contract will be considered to have defaulted, and the full balance of your remaining contract will be due in order to get your website back online.
Moving Forward After the Initial Contract is Completed
If you wish to cancel your billing after the 24-month period, you are free to do so. If you cancel your plan after your 24-month contract, we can transfer the site over to your hosting where you’ll be responsible for all management of your website. If you choose not to cancel you will automatically continue on your plan month-to-month.
30 Day Money Back Guarantee
We guarantee your purchase for 30 days. If at any time you wish to cancel just let us know and we will cancel your contract. Your 30-day warranty begins the day that you sign this contract or begin paying whichever is first.
Governing Law/ Forum
This Agreement shall be construed in accordance with the internal laws of the State of Texas, without regard to conflict of laws rules. The venue shall be in a court of competent jurisdiction in the State of Texas, Hood County, and both parties expressly consent to jurisdiction in such courts.
In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third-party claims, demands, liabilities, costs, and expenses, including reasonable attorney’s fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.
The Dotted Line
By completing your purchase, you agree to the terms and conditions outlined by Easy Web Co. by OGAL Web Design and agree to fulfill any and all payments enclosed in this document.