Terms and Conditions for Service / Lead Generation Website Development

Payment Obligations, Renewals, and Cancellations


Website Development Payment Obligations:

The full payment of one-time setup costs is due at signup, unless an alternative contract or proposal specifies a different amount and/or payment schedule. The outstanding balance on your website is due after the design, navigation and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent to us by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that OSM gets paid for performing our project duties, despite tardy content from the client. In the event of missing content, an "under construction" page is posted. After going live, content posted to the site will be billable at our current regular hourly rates. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rates.


Website Development Cancellation:

If site design and development work has already begun (such as creating a design mockup), then the one-time payment is non-refundable . OSM may elect at its sole discretion to offer a partial refund depending upon the circumstances.


Stock Photography Payment Obligations:

Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of client for use in website development is billable at a minimum of $10 per picture, if more than an average of 2 per page are needed. If the client limits to an average of 2 purchased photos per page overall, there would be no additional charges for stock photos. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $10, in which case we will require the client's approval and communicate the price before purchasing and billing.


Description of Ongoing Costs:

There are potentially a few types of ongoing costs: domain registration, hosting, software subscription, and ongoing marketing services.


Domain name registration:

Domain name registration gives you exclusive rights to a certain name, such as www.myserviceswebsite.com. You are NOT required to register a domain through us, but we strongly PREFER that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. This cost recurs monthly for you but it costs us annually, therefore domain name registration fees are not refundable.


Hosting:

This cost recurs monthly. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly PREFER that you do. Hosting comes with bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with OSM to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.


Hosting Renewal Payment Obligations:

Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to OSM thirty (30) days before the renewal date that you do not wish to renew the account. Billing will end 30-60 days afterwards.


Hosting Cancellation Payment Obligations:

You may cancel at anytime with 30 days written notice. Billing will end within 30-60 days of receiving the cancellation notice. Accounts that are terminated by OSM for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received in writing according to the deadlines indicated: regular mail and email are both required. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 30-60 days from receipt of cancellation.


Hosting Transfer Payment Obligations:

If you wish to transfer your hosting to another provider OSM can, upon request, download your site into a cloud storage for you to download. The cost for this service $50 per copy. FTP access to your site is not available for transfer purposes.


Sites NOT Hosted by OSM's Choice of Hosting Provider:

Should the client decide to host their site with another hosting service, OSM cannot guarantee that all elements of the site will work. OSM will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems on another hosting service, including but not limited to email, SSL, database, server software, and site security issues. If OSM believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable at current hourly rates.


Website Maintenance:

After going live, OSM can be retained to make required maintenance to the website using our current hourly rates. There are no required maintenance fees. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.


Website Maintenance Payment Obligations:

Depending upon the nature of the website changes, prepayment may be required. Should the client be invoiced after the changes are completed, the invoice is due upon receipt. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $35 reposting fee added to the outstanding maintenance invoice balance.


Development Process

Homepage Design – Once the site design is approved by the client, usually via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.

Navigation – Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our current hourly rates.

Content – Provision of content is the customer's responsibility, unless specifically negotiated ahead of time as part of the project proposal.

Text content – Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our current hourly rates.

Copy development – Should client wish OSM to develop content for the site, website copy is billable at our current hourly rates. Development of copy is accomplished via interviewing the client about the topic areas to be addressed on their web pages. OSM then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.

Graphical content – Images outside of the website design must be provided in digital form or in a form that can be easily scanned, unless otherwise provided for in customer's contract. Subsequent revisions will be billable at our regular hourly rate.

Database Implementation – Entry of data for database applications is considered client's responsibility. Entry of data by OSM is billable, unless otherwise provided for in customer's contract.

Email – We offer domain-based email accounts to our clients as part of any hosting contract for $5/mo/email address. If site is not hosted through OSM, we take no responsibility for setting up and troubleshooting email problems.

Training – A 2 hour one-time complimentary training session in order for our clients to better make use of their new web technology is included. Additional training hours can be purchased at our current hourly rates or applied against a maintenance contract.

Technical Support – If OSM is not the source of the problem, technical support may be billable. If OSM is the source of the problem it will be handled for free.

Training and Tutorials


DNS Management

If your domain is not registered with OSM, DNS management and troubleshooting tasks are billable at current hourly rates.


Websites with Proprietary Source Code

Should the client contract OSM to write custom code for a website application, this code is not transferable to a new developer or host. Custom written source code is considered the property of OSM and cannot be shared with other developers. Clients are granted a license to use custom software code while using OSM services only. OSM retains ownership of the code, unless other arrangements are in an alternative agreement.


In some cases, OSM will install software for the client's use that has been built by a third party. In these instances, clients will be subject to the terms and conditions of the third party who owns the software, and may use the software as a licensee only. No ownership rights of any kind are transferred to the client.


Website components that ARE transferable to another host include html code, graphics, logos, pictures, navigation, text, data residing within a database. Hourly fees will apply for any special work that needs to be done to transfer those parts of websites that do not violate the other paragraphs in this section.


Non-Domain-Based Troubleshooting

OSM maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients' ISPs (Internet Service Providers), ISP-based email accounts ([email protected], [email protected], etc), your home or office internet connections, or any other non-domain-based issues outside OSM's realm of service. Provision of non-domain-based troubleshooting services will be billable at our current hourly rate.


Ongoing Marketing Services:

OSM can be retained through billable packages or hourly rates to conduct ongoing tasks like: SEO, PPC, Video, Social Media, and other types of marketing management. Services like these can be accessed through a separate agreement other than the website development, though some website development packages include these services for a limited period.

Terms and Conditions for Service / Lead Generation Website Development


Payment Obligations, Renewals, and Cancellations


Website Development Payment Obligations:

The full payment of one-time setup costs is due at signup, unless an alternative contract or proposal specifies a different amount and/or payment schedule. The outstanding balance on your website is due after the design, navigation and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent to us by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that OSM gets paid for performing our project duties, despite tardy content from the client. In the event of missing content, an "under construction" page is posted. After going live, content posted to the site will be billable at our current regular hourly rates. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rates.


Website Development Cancellation:

If site design and development work has already begun (such as creating a design mockup), then the one-time payment is non-refundable . OSM may elect at its sole discretion to offer a partial refund depending upon the circumstances.


Stock Photography Payment Obligations:

Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of client for use in website development is billable at a minimum of $10 per picture, if more than an average of 2 per page are needed. If the client limits to an average of 2 purchased photos per page overall, there would be no additional charges for stock photos. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $10, in which case we will require the client's approval and communicate the price before purchasing and billing.


Description of Ongoing Costs:

There are potentially a few types of ongoing costs: domain registration, hosting, software subscription, and ongoing marketing services.


Domain name registration:

Domain name registration gives you exclusive rights to a certain name, such as www.myserviceswebsite.com. You are NOT required to register a domain through us, but we strongly PREFER that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. This cost recurs monthly for you but it costs us annually, therefore domain name registration fees are not refundable.


Hosting:

This cost recurs monthly. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly PREFER that you do. Hosting comes with bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with OSM to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.


Hosting Renewal Payment Obligations:

Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to OSM thirty (30) days before the renewal date that you do not wish to renew the account. Billing will end 30-60 days afterwards.


Hosting Cancellation Payment Obligations:

You may cancel at anytime with 30 days written notice. Billing will end within 30-60 days of receiving the cancellation notice. Accounts that are terminated by OSM for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received in writing according to the deadlines indicated: regular mail and email are both required. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 30-60 days from receipt of cancellation.


Hosting Transfer Payment Obligations:

If you wish to transfer your hosting to another provider OSM can, upon request, download your site into a cloud storage for you to download. The cost for this service $50 per copy. FTP access to your site is not available for transfer purposes.


Sites NOT Hosted by OSM's Choice of Hosting Provider:

Should the client decide to host their site with another hosting service, OSM cannot guarantee that all elements of the site will work. OSM will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems on another hosting service, including but not limited to email, SSL, database, server software, and site security issues. If OSM believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable at current hourly rates.


Website Maintenance:

After going live, OSM can be retained to make required maintenance to the website using our current hourly rates. There are no required maintenance fees. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.


Website Maintenance Payment Obligations:

Depending upon the nature of the website changes, prepayment may be required. Should the client be invoiced after the changes are completed, the invoice is due upon receipt. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $35 reposting fee added to the outstanding maintenance invoice balance.


Development Process

Homepage Design – Once the site design is approved by the client, usually via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.

Navigation – Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our current hourly rates.

Content – Provision of content is the customer's responsibility, unless specifically negotiated ahead of time as part of the project proposal.

Text content – Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our current hourly rates.

Copy development – Should client wish OSM to develop content for the site, website copy is billable at our current hourly rates. Development of copy is accomplished via interviewing the client about the topic areas to be addressed on their web pages. OSM then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.

Graphical content – Images outside of the website design must be provided in digital form or in a form that can be easily scanned, unless otherwise provided for in customer's contract. Subsequent revisions will be billable at our regular hourly rate.

Database Implementation – Entry of data for database applications is considered client's responsibility. Entry of data by OSM is billable, unless otherwise provided for in customer's contract.

Email – We offer domain-based email accounts to our clients as part of any hosting contract for $5/mo/email address. If site is not hosted through OSM, we take no responsibility for setting up and troubleshooting email problems.

Training – A 2 hour one-time complimentary training session in order for our clients to better make use of their new web technology is included. Additional training hours can be purchased at our current hourly rates or applied against a maintenance contract.

Technical Support – If OSM is not the source of the problem, technical support may be billable. If OSM is the source of the problem it will be handled for free.

Training and Tutorials


DNS Management

If your domain is not registered with OSM, DNS management and troubleshooting tasks are billable at current hourly rates.


Websites with Proprietary Source Code

Should the client contract OSM to write custom code for a website application, this code is not transferable to a new developer or host. Custom written source code is considered the property of OSM and cannot be shared with other developers. Clients are granted a license to use custom software code while using OSM services only. OSM retains ownership of the code, unless other arrangements are in an alternative agreement.


In some cases, OSM will install software for the client's use that has been built by a third party. In these instances, clients will be subject to the terms and conditions of the third party who owns the software, and may use the software as a licensee only. No ownership rights of any kind are transferred to the client.


Website components that ARE transferable to another host include html code, graphics, logos, pictures, navigation, text, data residing within a database. Hourly fees will apply for any special work that needs to be done to transfer those parts of websites that do not violate the other paragraphs in this section.


Non-Domain-Based Troubleshooting

OSM maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients' ISPs (Internet Service Providers), ISP-based email accounts ([email protected], [email protected], etc), your home or office internet connections, or any other non-domain-based issues outside OSM's realm of service. Provision of non-domain-based troubleshooting services will be billable at our current hourly rate.


Ongoing Marketing Services:

OSM can be retained through billable packages or hourly rates to conduct ongoing tasks like: SEO, PPC, Video, Social Media, and other types of marketing management. Services like these can be accessed through a separate agreement other than the website development, though some website development packages include these services for a limited period.