Internet Terms and Conditions

Meetings

For clients located in the Sarasota, FL, an initial physical meeting may be included in the quoted price. Any physical meetings note specified in the contract may incur fees billed at the standard hourly rate.

Training

Training provided to the client must be specified in the contract, which includes but is not limited to: onsite conference, phone conference, and email conference. PDF and/or video reference manuals for self training may be available to the client for no cost.

Consultation

Additional and/or ongoing consultation is not included in the quoted price, e.g., website maintenance, SEO, updates, revisions, etc.. Any service not explicitly defined in this document is subject to an hourly fee.

Development Overview

A Michael Rassel website uses a specific production sequence, software and web host to enable efficiency, value and affordability. Anything outside the scope of work outlined in this document is subject to additional fees base upon the current hourly rate. Typically, domains and web servers must be hosted with or transferred to Michael Rassel affiliated web hosting. Any work performed by Michael Rassel on a Non-Michael Rassel hosting server may incur an hour minimum fee. Non-Michael Rassel affiliated hosting requires PHP 5+, MySQL 5+, Linux with Apache 2+ or equivalent.

Payment

• 50% of the quoted price must be paid prior to beginning production.
• Pay to the order of “Michael Rassel” with one of the following:
• A check collected in person and authorized Michael Rassel representative.
• A check mailed to Michael Rassel, 935 N Beneva Rd., Suite 609, #28, Sarasota, FL 34232
• Credit Card Payment to Michael Rassel via PayPal
• Unless otherwise specified, receipt of payment is due ten(10) days from invoice date.
• A 15% late penalty will be applied to overdue balances.
• Balance is due 30 days beyond the maximum timeline specification.

Discovery and Contract

1.Project Discovery: Discussion of preliminary goals, development outline, timeline, costs, etc..

2.Complete Project Discovery in contract and sign contract.

3.Client provides Michael Rassel with any and all sources, documents, images, etc., that will be used, as well as login and/or contact information for website related administration; domain, ftp, etc.

Development

Website projects are commonly hosted on a temporary development domain owned by Michael Rassel. When production is complete and the balance due is paid in full, the website will be launched by: 1) pointing the website domain to the Michael Rassel affiliated hosting DNS or IP; or 2) the website will be transferred to the client’s domain and web server.

Reviews and change orders are organized into a phased draft process.

Phases of production include:

Design & template (framework) development

Up to the number of design concepts and/or revisions specified in section B.

If the client requests a number of design concepts and/or revisions that exceed the numbers specified in section B, the additional concepts and/or revisions will be billed at the standard hourly rate, in addition to the project quote.

Content implementation

Dummy “Lorem Ipsum” text content will be installed by default.

Installation of the client provided text and image content with the number of revisions specified in section B.

Additional content installations and/or revisions that exceed the number specified in section B will be billed hourly in addition to the project quote.

Testing and Final modifications

Michael Rassel will test the functionality aspects of the website and confirm the installation of the client provided content and media..

The client will be responsible for proofing the content for spelling, gramar, ect.

Special production

(additional phases may include special media, application development and/or third party integration)

Draft Reviews:

Michael Rassel will email the client when a draft is ready for review. Production will halt until the client responds to the draft presented by Michael Rassel. Once the client communicates their desired actions, production will resume and Michael Rassel will implement the client requests and post a follow up draft, if necessary, reflecting the client’s requests. The number of allowable draft revisions per phase are defined in section B. If after exhausting the allotted drafts, the client requests additional changes, additional drafts can be developed at the standard hourly rate in addition to the quoted price.

Design concepting includes defining color themes, graphic styles and initial static visual concepts of the website template.

Website template (framework) development includes defining the inclusion and positional layout of design, content, media and applications.

Content implementation includes the deployment of text and image content.

Testing and Final modifications includes testing all web pages and make final adjustment modifications.

(Special media development includes creating and deploying video, animaiton, audio, slideshows, etc.)

(Special application development includes form processing, media players, database functionality, etc.)

Design aspects may also include web page layout, graphics and image design, CSS style sheets layout and formatting, and organization of content. Administration may include registering and/or configuring domains and IP addresses, configuring web hosting servers and databases, software installation and configuration, email account creation and configuration. Framework development may include coding and web application programming aspects using one or more of the following: HTML, CSS, PHP, SQL, XML, JavaScript, and/or ActionScript. Special Content may include Flash animation and/or interfacing, 3D rendering and/or animation, sound effects, voiceovers, music, videography, video editing. Application development may include Photo Galleries, Slideshows, Video Players, Interactive Forms, Shopping Carts, Music Players, Calenders, Virtual Tours, etc. Initial testing will performed by Michael Rassel, then Client will perform independent testing from which the Client final approve will be based.

Timelines and Costs:

Production timelines are contingent upon client / contractor delivery of materials and feedback, and/or Michael Rassel schedules. Client delays, changes, additions and/or deviations from the project as defined in this document may result in changes to the estimated timelines and costs.

 

Refunds: No refunds for production may be granted after production has begun. Refunds for hosting may be granted, but will be pro-rated from the date of account creation.

 

Contract Expiration: This contract expires 90 days from the date on page 7, which is the client signature page. Should the project not conclude prior to the contract expiration, a new contract must be drafted in order to complete the project. This new contract may have increases or reductions in costs, tasks and timelines.

Copy writing:

The Client will provide all text copy to be used in web page content. Michael Rassel authored copy writing is not included in the quoted price, unless explicitly defined in this document.

 

Images:

Images and photos used in the website design and content will consist of one or more of the following: Client provided images, Third party stock imagery (e.g Istock.com), Michael Rassel stock imagery.

 

Website Hosting

Michael Rassel websites are hosted with Michael Rassel affiliated managed hosting provider. An hour minimum charge will apply to any website that is to be hosted on a non- Michael Rassel affiliated hosting environment, and configuration for and of Non-Michael Rassel affiliated hosting may incur additional costs based upon Michael Rassel’ standard hourly rate. Non-Michael Rassel hosting environments require PHP 4.2+, MySQL 4.1+, Linux with Apache 2+. Michael Rassel makes no guarantees of compatibility with non-Michael Rassel hosting environments.

 

Additional development

Any implementation not explicitly defined in this document can be subject to additional fees, based upon Michael Rassel’ standard hourly rate.

 

Maintenance

Unless explicitly defined in this document, the price quoted in this document guarantees initial setup only. Website maintenance is typically purchased separately from Michael Rassel as a monthly subscription or billed hourly as needed.

 

Search Engine Optimization (SEO) and Search Engine Marketing (SEM)

Unless explicitly defined in this document, the price quoted in this document does not include Search Engine Optimization (SEO) and/or Search Engine Marketing (SEM: Google Adwords, Yahoo Search Marketing). SEO and/or SEM is typically purchased separately from Michael Rassel as a monthly subscription or billed hourly as needed.

 

Phase and Draft Contingencies

Project timelines and cost estimates are contingent upon the completion of the project phases outlined in this document. The price quoted in this document is limited to the number of revision requests per phase specified in section B. Additional revision requests will be billed at the standard hourly rate. The Client is notified of a draft via email with relevant links and/or document attachments. Production will pause until feedback and requests regarding the draft are communicated to Michael Rassel by the Client. Phases are typically defined as Design Phase, Content Phase, and Launch Phase; however these specific definitions may change to accommodate the specific scope of the project.

 

General Terms:

Notwithstanding anything to the contrary defined in this document, neither Michael Rassel nor any of its employees and subcontractors warrants that the Project and/or final deliverables will be uninterrupted or error-free. The risk as to the quality and performance of the Project is contingent upon Client participation and communication, vendor performance, and industry trends. In no event will Michael Rassel nor any of its employees and subcontractors be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, Client or Client’s website visitor’s computer or Internet software.

 

The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Project or any other services contemplated herein, and will hold harmless, protect, and defend Michael Rassel and its employees and subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

 

The Client unconditionally guarantees that any elements of text, graphics, photos, video, designs, trademarks, or other artwork furnished to Michael Rassel for inclusion in the Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Michael Rassel and its employees and subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

 

Website Ownership:

The Client will have sole ownership of all files, content and media within the website where permitted by law. Open Source and/or third party applications, content and media will be subject to those authors’ licensing agreements.

 

Website Usage:

Michael Rassel is responsible for website production only. The Client assumes full responsibility of website usage. Usage of the website can vary from one computer to another depending upon the user’s local hardware and software configurations. Michael Rassel and its employees and subcontractors will not be liable under any circumstances for any issues arising from the Client’s and/or web visitor’s usage of the Client’s website.

 

Limitations and Liabilities

Michael Rassel and its employees and subcontractors will not be liable under any circumstances to compensate Client for any loss, injury or damage arising directly or indirectly from any act, omission, error, default or delay by Michael Rassel in the performance of the Project.

 

Proprietary Rights to Software:

As a general rule, Michael Rassel uses Open Source software for which proprietary rights cannot be applied. Proprietary rights to software and/or software application modifications developed by Michael Rassel or any subcontractors specifically for the Client will be owned by the Client where permitted by law.

• Open Source Software that may be used in a Michael Rassel website is governed by a GENERAL PUBLIC LICENSE, therefore exclusive ownership for said software is not applicable.

 

• Open Source Modifications: Any modifications or custom add-on software created for use in Open Source software specifically for the Client will be owned by the Client where applicable and as permitted law.

 

• Commercial software requiring licensing fees, such as Video Players, will not be owned by the Client.

 

Intellectual Proprietary Rights

Intellectual property developed by Michael Rassel or any subcontractors specifically for the Client will be owned by the Client where applicable and permitted by law, excluding music compositions, inventions and story concepts.

Mutual Indemnification

The parties hereto agree to indemnify and hold harmless each of the other parties against any loss or liability resulting from a violation of this Agreement on the part of the indemnifying party or causes of action or claims caused by or resulting indirectly from the Client use of the website which damages either the Client, Michael Rassel, or any other party or parties. Such indemnification obligation shall include indemnification for any costs reasonably incurred by the indemnified party, including, without limitation, legal costs and reasonable attorney’s fees. This indemnification and hold harmless agreement extends to all issues associated with the agreement between the Client and Michael Rassel.

 

Termination of Contract Responsibilities

A final payment of the outstanding balance will be paid to Michael Rassel prior to launching the website. The contract will terminate upon completion of all work stipulated in the proposal and any enhancement variations. In the event of premature termination, the outstanding balance will be paid to Michael Rassel for all work completed to date. Termination will be subject to the written specification prepared by Michael Rassel and agreed to by the Client. The cost of the specification shall be borne by the Client unless otherwise agreed by Michael Rassel.

 

Testing and evaluation by the Client of the delivered product must be completed within 30 days of finalizing the project. Any elements identified during this period that do not comply with the original specification will be rectified by Michael Rassel at no cost to the Client. Any elements identified after this period that do not comply with the original specification will be modified by Michael Rassel at the standard hourly rate. Any requested modifications not specified in the original specification will be billable to the Client at the standard hourly rate.

 

Warranties

Michael Rassel warrants that all web pages developed under this agreement will be operational in the Internet Explorer 7+, Firefox 3+ and Safari 3+ Internet Browsers, however third party software addons Adobe Flash Player 9+ and Adobe PDF Viewer 7+ may be required to view some content and/or media. Michael Rassel does not warrant the website to be free of operational malfunctions related to specific media, applications and/or content layout. Michael Rassel will not warrant web pages that have been edited by the Client by either a content managaement system, web page editor, or a code editor. Michael Rassel will not be liable for any third-party software used by the Client in conjunction with the website. Michael Rassel will not be liable for any Client and/or third party content and/or applications, that were not specifically installed by Michael Rassel, that prevent the website from operating. Michael Rassel will not be liable for any Client and/or third party content and/or applications that were installed by Michael Rassel, but have been modified by the Client.

 

The website will be developed to be W3C XHTML and CSS valid, however Michael Rassel does not guarantee all or any of the website’s pages to pass W3C XHTML or CSS validations, particularly those web pages that have been modified by the Client.

 

Termination After Acceptance of Website: In the event of expiration or termination of this Agreement after acceptance of the Project and while Michael Rassel is providing Hosting Services, Michael Rassel shall download all source files and presentation files for the website to a medium provided by the Client and deliver such materials to Client within 30 days of receipt of the Client’s medium and any outstanding balance. In addition, Michael Rassel shall cooperate with Client, billable at the standard hourly rate, in transferring all operations of the website to a new host.

 

Hosting: Michael Rassel may provide Hosting Services to Client. The term “Hosting Services” shall mean those certain services for storage of the website on Michael Rassel managed Servers and providing users Internet access to the website. Hosting details can be viewed at http://www.Michael Rassel.com/website-hosting/website-hosting-terms.html or provided in writing upon request.

 

Applicable Law, Jurisdiction, and Service

This agreement shall be governed by the applicable laws of the State of Florida , USA (“Florida”) and the United States of America. Client agrees that all services provided by Michael Rassel shall be deemed to have been requested and provided in Sarasota County, Florida.