Standard Web Design Agreement
By placing an order with JustSimple Dotcom, you confirm that you are in agreement with and bound by the terms and conditions below.
- JustSimple Dotcom (JustSimple): Primary designer/site owner & employees or affiliates.
- The Client: The company or individual requesting the services of JustSimple Dotcom.
1. Hosting & Domains
This Agreement does not include hosting and domain name registration fees unless explicilty stated.
2. Scope of Work
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The website will only include the features described in the Website Design Package or official quotation. Any additional work required by JustSimple, such as extra pages or features, will result in additional charges beyond the estimate in this Agreement. If the client requests additional work in writing, a written estimate for the extra work will be provided.
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The standard website project scope includes a single homepage design layout and a single inner page design layout used for all inner pages. The header, navigation, and footer elements will be the same on all inner pages, unless otherwise specified, to provide a consistent look and user interface.
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To create visuals such as graphics and page designs, JustSimple will provide mockups and request feedback from the client. We estimate that only two rounds of revisions per layout should be necessary. Any excessive revisions will result in additional costs.
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Once all mockups have been approved by the Client, we reach a significant project milestone called “Design Signoff”. At this stage, all design work is frozen, and the approved mockups are given to the developers to create the web pages. Only the content areas on the web pages will be subject to change once they have been coded. Any design changes requested to the mockups after Design Signoff has been granted by the Client will result in a minimum charge of RM500 per design.
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JustSimple assumes that the Client will provide input and approvals on content and design mockups within three business days of receiving materials to review. If this timeframe is exceeded, the schedule will be adjusted accordingly.
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The Client acknowledges that any changes to the described scope of work for the project will result in additional charges and may affect the development schedule.
3. Site Content
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The Client must provide all logo artwork, photography, sample content, and other collateral in electronic format. Acceptable formats include, but are not limited to: Microsoft Word, Adobe Acrobat PDF, .gif, .jpg, .tiff, .psd, .eps. All provided text and images must be emailed to JustSimple in good condition and appropriate quality for the internet.
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Once submitted, all content and information are considered final, and any modifications will be billable. Additional copywriting and editing services are available to the Client through a separate contract.
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The Client assumes responsibility for all editorial content on their website and must populate text, photos, and other content into the Content Management System (CMS) if provided. JustSimple will populate enough items to test functionality.
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Any additional typing, image scanning or re-touching services required will be billed to the Client at a rate of RM200/man-hour.
4. Delivery & Testing
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All programming will meet the standards of the current version of Chrome, Safari or Microsoft Edge only.
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The website once coding is complete will be made available to the Client on JustSimple’s internal servers for User Acceptance Testing’ (UAT) for a period of 14 days in which all feedback, bugs and fixes must be reported to JustSimple to be fixed. At the end of this period the website must be put live. The Client can request JustSimple to put the website live before the end of this period if desired.
5. Payment Schedule
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If Client fails to pay any amounts within this agreement, Client shall be liable for all legal fees and court costs incurred by both parties to satisfy said payment(s).
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Any payments made by credit card will be subject to a service fee of 3%.
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A late charge penalty of 1.5% of the unpaid balance will be assessed if payments are not received by their due date.
6. Warranty Period
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Any errors made by JustSimple reported within the UAT period prior to going live will be fixed without any fee.
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Any bugs or errors reported within 30 days after the website goes live on the Internet will be fixed without any fee.
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Any changes or bugs/errors reported after after the website has been live on the Internet for 30 days will be billed on an hourly basis at RM200/man-hour.
7. Termination & Cancellation
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Client acknowledges that JustSimple may terminate this agreement, and retain Client’s non-refundable deposit if Client fails to provide all materials required for the completion of the web site within 60 days of the contract date.
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Should Client fail to initiate the creation process by not responding to requests for information, or for the completion of the Client Checklist document within thirty (30) days, Client’s account will be considered inactive and the Project will terminate. No refunds or credits will be given.
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If Client cancels the project prior to commencement of design phase: 50% of “total fees,” defined as the Project Total Cost. If Client cancels the project after design work has begun but prior to completion of finished work: 90% of Project Total Cost. If Client cancels the project after website has been coded and released for User Acceptance Testing (UAT): 100% of Project Total Cost.
8. Mutual Performance Obligations
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Client and JustSimple hereby acknowledge and agree that completion of the project described in this Agreement requires the mutual cooperation, assistance and participation of both Client and JustSimple, including without limitation with respect to Marketing Collateral Delivery, Content Delivery, Timely approval of development milestones including UAT feedback and final “Go Live” approval and sign-off. Client and JustSimple agree to work together in a commercially reasonable manner to complete the project described herein, and shall not engage in any activity or course of conduct to hinder or prevent in whole or in part the other party’s ability to perform its obligations hereunder.
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JustSimple strives towards creating a website that meets Client’s expectations. However, JustSimple does not guarantee that expectations will be met if requests are unreasonable or unable to be completed within the described scope of the Project. Every step of the Project requires Client’s feedback. Failure to provide timely and reasonable feedback may delay or frustrate completion of the Project and compromise the timeline. JustSimple is not responsible for additional fees, time, or expenses incurred because of delays caused by lack of reasonable feedback by the Client.
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Should Client fail to respond to requests for feedback for a period of 14 days during either the design or development phases, the project will be automatically archived and resources assigned to Clients project will be reassigned elsewhere. Any payments made on the project to date will be non-refundable and forfeit. A RM1,000 reactivation fee will need to be paid in order to have resources reassigned again to the project and the project un-archived.
9. Future Support, Compatibility, Website Hosting
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The website is provided to and accepted by the Client as a fully functioning, completed work; when the final payment is settled. Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website and JustSimple will endeavour to protect it from this as much as we can during its creation. However, we cannot be held responsible for problems that develop on completed sites as a result of illegal activity. JustSimple cannot also be held responsible for any downtime your website may incurr do to technical server issues or for any contact forms that do not pass through from your website to your email facility.
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JustSimple makes every effort to take security precautions on our Clients websites, this includes the relevant security plugins which keeps the site secure, wherever possible. However we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.
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JustSimple will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software like Google Chrome and Firefox. JustSimple can offer no guarantees of correct function with all browser software.
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JustSimple software team will resolve any system errors and bugs which are NOT resulted from accident, abuse, or misapplication.
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Whilst JustSimple offers to host websites via third party hosting providers, no guarantees can be made as to the availability or interruption of this service. JustSimple cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. JustSimple reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
10. Price Change Policy
We reserve the right to adjust our prices at any time and without prior notice. While we endeavor to keep our prices stable, circumstances may arise that necessitate a change.
Please note that any prices displayed on our website or in our marketing materials are subject to change and should be verified at the time of purchase.
We understand that sudden price changes may cause inconvenience to our clients, and we welcome any feedback or complaints regarding such changes. However, please be aware that any price changes we make are subject to our right to discretion.
11. Miscellany
Web site design and files created by JustSimple are the property of JustSimple; upon full payment, web site design and files become the property of the Client.
Assuming Client is pleased with JustSimple’s services, Client agrees to serve as a reference for JustSimple, and to allow testimonial quotes to be used by JustSimple.
JustSimple shall be entitled to place an unobtrusive credit with a hypertext link (“Website Design by JustSimple”) in the footer on each page of the web site.
Client represents that any elements of text, keywords, keyword phrases, graphics, photos, designs, trademarks, or other artwork provided to JustSimple for inclusion on the website above are owned by Client or are part of the public domain, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend JustSimple from any liability or suit arising from the use of such elements.
Client acknowledges that some elements of this project may include integrating some 3rd party solutions.
JustSimple is not responsible for changes made to the Web site by other parties that adversely affect the search engine rankings of Client’s website.
Client acknowledges that JustSimple has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. Client’s site may be excluded from any directory at any time at the sole discretion of the search engine or directory.
Site to be developed using the Proprietary CMS or Opensource software like WordPress, Magento or Drupal, based on LAMP Platform (Linux, Apache, MySQL, PHP) unless otherwise noted.
GET IN TOUCH
If you have any questions or would like some more information, just email us [email protected]
