Terms & Conditions

1.1.       Payment

All payments are due within 15 days of billing. Late payments will be charged a 1.5% compounded monthly late fee. Should a payment be late, SPB Website Designs reserves the right to freeze all work until accounts are settled. Payments will be made via Credit Card, Invoice, Cash or Check to:  SPB Website Designs

1.2.       Ownership

SPB Website Designs will provide a Finished Product(s) to the Client in the form of online account in your name or within an SPB Website Designs owned account dependent on agreements. This account becomes the exclusive property of the Client upon acceptance of delivery if desired or can be rented within the SPB Website Designs hosting space, however this account may be partially based on a non-exclusive code base created and maintained the host and edited by SPB Website Designs and stored/created with an online host and site building tool and/or hosted for WordPress. The code base itself may owned by the hosting web builder tool and cannot be transferred directly to a new host in these instances.  Such code and other underlying technologies do NOT become the property of the Client, only the Finished Product(s) in these instances. In addition, the Finished Product(s) may depend on code, objects (COMs), and other third party utilities that are the property of their respective owners. No rights to these dependencies is expressed or implied. Additional licensing may be required with third party assets.

1.3.       Point of Contact & Training

SPB Website Designs will require one or more point(s) of contact during the Contract for clarifying requirements for design, key features, usability and maintenance issues. SPB Website Designs requires this person be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions on the system.

1.4.       Project Management & Communication

SPB Website Designs will manage this Contract using e-mails, calendars, calls, announcements and timelines. Any approval marked within e-mails and calls by the Point of Contact will be considered official approval.

1.5.       Independent Contractors

SPB Website Designs retains the rights to subcontract any portion of the Contract.

1.6.       Non-solicitation

If within one year of termination of this agreement the Client hires or contracts with any employee or Independent Contractor of SPB Website Designs The Client will agree to pay SPB Website Designs, a finder’s fee of 50% of the annual salary or contract fees offered to the contractor or employee. Said payment will be rendered within 30 days of hiring or contracting the contractor or employee.

1.7.       Response Time

SPB Website Designs works almost exclusively in house with occasional subcontracted work. The benefit of in house work is personal attention.  Due to the nature of the business model, SPB Website Designs is not set up to support on call services. Within the duration of this Contract SPB Website Designs will make every effort to reply to inquiries within 48 hours except where The Client has been previously notified of a period of limited availability. SPB Website Designs will respond in good faith but cannot guarantee any specific action within a given time frame.

1.8.       Dependencies

In the event that any aspect of this Contract is dependent on a separate third party or the Client’s in house team, the quality and punctuality of the Finished Product(s) may be subject to said party’s ability to meet the required timelines and/or level of quality. SPB Website Designs is not responsible for any delay or defect caused by separate third party or the Client’s in house teams.

1.9.       Hosting

SPB Website Designs does provide Hosting services beyond temporary internal development environments. The Client is responsible for paying for and maintaining any required Hosting solutions and associated services whether in an account controlled by SPB Website Designs and rented or owned by the client. As a courtesy, SPB Website Designs may offer suggestions, however, SPB Website Designs is NOT responsible for down time, poor performance, or loss of data caused by the Hosting Provider in any instance.  Additionally, SPB Website Designs is not responsible for any bug caused by changes on the Host after the Acceptance of this Contract, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations.  If desired an agreed upon rate for hosting between the client and SPB Website Designs can be put in place in which SPB Website Designs will bill the client for hosting in exchange for handling the process ongoing.

1.10.   Backups

SPB Website Designs does not store or maintain backups of Client data. The Client is solely responsible for the Backup and Restoration of the Finished Product(s) and any associated data. Backups of condensed code is available upon request if built and hosted within SPB Website Designs WordPress hosting plans.

1.11.   Security

Although SPB Website Designs makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, SPB Website Designs can in no way guaranty that the Finished Product(s) will not be subject security breaches. SPB Website Designs recommends the use of strong passwords and the observance of standard security practices. In order to minimize the chances of security violations, systems should be updated often. The Client is solely responsible for tracking software updates. Any updates during the life of or after the expiration of the Contract can be negotiated as an addendum to this Contract or as an additional Contract.

1.12.   Limited Liability

The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by the Client of the output of the Software or any reliance thereon; and (c) obtaining the required licenses and respect copyright for any and all third part assets including but not limited to fonts, media, and software. The Client shall also be responsible for the continued operation and maintenance of the computer equipment and third party software used with the Finished Product(s), and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers.

The Client agrees that any liability of SPB Website Designs relating to this agreement and the services performed shall be limited to the amount of fees actually received by SPB Website Designs, from the Client under this agreement regarding the services in question. In no event shall SPB Website Designs be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.
Images and other content used by the client should be verified by the client to be free of any and all copyright infringements.  Future litigation of any word created by SPB Website Designs is, as such, the responsibility of the client upon approval of the project.

1.13.   Warranty

SPB Website Designs will provide patches and bug fixes for any bugs or issues included in the scope of this contract reported within the grace period of no more than 30 days following the date of project completion as defined by the date the client signs off on the deliverables. All bug fixes outside of the project scope or after the grace period are the responsibility of the client.
Hourly projects are NOT subject to warranty. Design and the placement, editing and arrangement of editorial content are NOT subject to warranty. Should further support be necessary, a support contract may be negotiated.

1.14.   Credit

SPB Website Designs retains the right to use the Client within its roster of clients. A link to the The Client website/application website will be placed on the SPB Website Designs web site as part of its business portfolio.

1.15.   Review, Expiration or Cancellation

This Contract is valid for the calendar year of in which it was signed, upon which point it expires. Upon expiration, both parties may review and amend the Contract and decide whether or not to renew. This Contract may be terminated by either party with a full 30 day written notice. All payments will be due and all work will be submitted upon the termination of Contract.