Terms and Conditions
Sue Wallis Williams (dba Wallis Williams Design and Marketing) and Client
The Client warrants that they are the full copyright owner of all concepts, content and any graphics which are provided by the Client as it relates to their website.
The Client indemnifies Sue Wallis Williams against any liability or suit arising from the use of any materials provided by The Client.
The Client indemnifies Sue Wallis Williams against any loss or damage arising directly or indirectly from any unauthorized use of the Squarespace server (Facilities) or any hosting platform to which Sue Wallis Williams will be granted remote access, provided that such unauthorized use has not arisen as the result of any material breach by Sue Wallis Williams of its own obligations under this Agreement.
Sue Wallis Williams is not responsible for any changes made to the Client’s Website by third parties or by the Client itself, after the website has been approved and launched, and is live for more than 10 days.
Any such modifications may require extra work on behalf of Sue Wallis Williams and will be billed separately at $125/hour.
Sue Wallis Williams shall be entitled to provide the Services remotely from her own location and will not be required to attend the Client’s premises.
Sue Wallis Williams’s Responsibilities and Warranties
Sue Wallis Williams will not use the Means of Access (or any other methods of remote access) to access the Facilities for any purpose other than to provide the Services. However, Sue Wallis Williams shall be permitted to gain remote access to the Facilities for lawful purposes using any publicly available means (such as the World Wide Web), which do not require special authorization.
Sue Wallis Williams will take the following steps to ensure the security of the Facilities (insofar as the use of the Practitioner’s systems and the Means of Access are concerned):
- ensuring that no passwords are stored in easily recognizable form on the Practitioner’s own systems in circumstances where a breach of the Practitioner’s own internal security may reveal them;
- ensuring that only those employees and contractors of Sue Wallis Williams who are required to access the Facilities using the Practitioner’s systems and the Means of Access are able to do so;
- ensuring that the Facilities are not capable of being accessed by a system or user, which transits the Practitioner’s own systems, except as permitted by this Agreement.
Sue Wallis Williams will not be liable to the Client or to any third party for any non-performance or delay in the performance of its obligations under this Agreement, if events or conditions beyond its reasonable control cause the non-performance or delay and Sue Wallis Williams gives the Client prompt notice thereof.
In no event will this provision affect Client’s obligation to make payments to Sue Wallis Williams under this Agreement except in respect of Services that are unable to be performed by Sue Wallis Williams, until they can be performed.
In case any software bugs are noted - in spite of extensive testing done by Sue Wallis Williams - and reported by the Client to Sue Wallis Williams, they will be fixed free of charge if reported within 14 days after the website is made Live.
Client understands, accepts and agrees that Sue Wallis Williams should NOT be held responsible or liable for ANY data/file loss or any kind of loss or damage that the Client may have had to suffer due to the running/execution/using of the custom software developed and deployed by Sue Wallis Williams for the Client during the development or after deployment as the software is provided “as is” with no warranties.
Unless stated in writing to the contrary, Sue Wallis Williams is NOT responsible for the Client's Squarespace web hosting costs, or any third party hosting costs.
Further, unless stated in writing to the contrary, if the website is being built on the Squarespace hosting platform, the Client must review - and understand - the pricing structure on SquareSpace prior to contracting Sue Wallis Williams to design, develop or modify their website.
Visit the pricing page on Squarespace for more information.
Sue Wallis Williams will not disclose to any third party or use other than for the purposes of this Agreement any knowledge or information imparted to or obtained by it during or in connection with the fulfillment of this Agreement which is of a secret or confidential nature relating to the business, equipment, processes relating to the equipment, the products, services, process or business strategies offered or employed by the Client.
This obligation of confidence will cease to apply in relation to information that Sue Wallis Williams are required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Sue Wallis Williams of its obligations of confidence under this Agreement.
The Client acknowledges that Sue Wallis Williams is providing Services to the Client on a non-exclusive basis and that Sue Wallis Williams may provide services of the same or a similar nature as the Services to any other party, including parties who may directly compete with the Client.
This Agreement shall be construed and interpreted according to the laws of California. Any disputes arising from this Agreement shall be litigated or arbitrated in California at Sue Wallis Williams’s jurisdiction.
Changes in the requirements of the project after it has been mutually agreed and accepted by Sue Wallis Williams must be made in writing and may reflect a change in price and delivery dates.
Client is responsible for verifying and articulating the exact details of this project before the retainer is paid.
Substantial changes might delay completion times and may void any previously agreed upon deadlines.
During the project development phase, for the successful completion of the project within the stipulated time it is required the contact from the Client side, who has adequate knowledge of the project, its scope and functionality should be available to communicate with Sue Wallis Williams and must be responsive via email, or phone to ensure smooth progress of the project.
Both parties agree to respond to email within 2 business days.
Any delay in providing feedback or lack of communication may void any previously agreed upon deadlines. Lack of communication from the Client side and any non responsiveness which may lead to a halt in the project development.
After three (3) weeks of non-responsiveness, a project will be considered abandoned. Later on, if the Client wishes to resume the project, the project will be considered as a new job and new specs and deliverables would be signed in order to proceed.
If the website being developed requires any third party software integration, it is expected that the third party software support team will provide Sue Wallis Williams with enough support by telephone, email and chat if required in addition to any documentation provided so that Sue can successfully integrate the third party software into your application. Sue Wallis Williams will not be responsible for any failure of successful integration because of inadequate support from the third party.
Acknowledgement of Terms
Upon the receipt of the agreed upon retainer from the Client to Sue Wallis Williams - either by check or credit card - the Client acknowledges agreement of the terms and conditions itemized above.