Development Rates & Timeline
Our custom development rates for osCommerce are $75 per hour, with a minimum one (1) hour charge. Time spent is recorded in fifteen (15) minute increments. All custom development includes 24/7 support during the project. One (1) hour of support is provided for every four (4) hours of development time and is valid for a period of up to two (2) weeks after project completion.
When we provide custom development for an osCommerce client, we inspect the current configuration settings and native functionality to determine if the platform is operating at optimum performance. We also suggest, if applicable, implementing elements that support good search engine performance, ease of navigation and compatibility between multiple web browsers. We do not copyright any website we develop. Once a project is completed, all the development belongs to the client.
Implementation time will vary based on research, project scope, client/site availability, and testing. Urgent requests can be accommodated at additional cost.
- We will estimate the development time and require up-front payment of that estimate in order to schedule design of the website.
- We will work up to 5 hours past your down payment amount. The client will need to approve progress and pay the balance in order for osWebDesigns to continue work with each 5 hours unless alternate arrangements are made in writing.
This development time is minimized when the client:
- Provides comprehensive design materials in an organized fashion.
- Provides text for website in digital format, so that we don't have to type the content.
- Proofreads his/her own content and e-mails finished version.
The development may take longer if the client:
- Desires complicated elements like slideshows, hover buttons, flash, virtual tours, printable pages, etc.
- Wants osWebDesigns to work with third party designers or consultants
- Wants osWebDesigns to purchase third-party software for specific design or development requests.
- Does not provide us with design expectations such as colors, logo, or layout before we begin work, or if the client changes his/her mind frequently.
- Does not provide us with information to create your website. This normally includes: a brochure or comparable text describing your establishment, pictures, logos, quotations or testimonials, room descriptions and rates, policies and any additional information you would like included. If you have specific design elements and/or color schemes in mind, please include those. If you would like to e-mail materials, please send them to: Sales@osWebDesigns.com.
- Digital images are not provided in PC format, and, instead, are provided in Adobe Photoshop or Illustrator compatible file (example formats include .jpg, .gif, .psd, .ai, .tif, .eps) . The preferred format for sending text is in a text document (via email, HTML, Microsoft Word, or a general text editor such as notepad).
Scope / Work Increase
A significant increase in the original scope of work may require additional fees at our aforementioned hourly rates. Changes or derivations from original project proposal may require additional fees at our aforementioned hourly rates.
Billing
osWebDesigns requires 50% of the estimated project for services relating to Computer Graphics, Web Design/Development, Programming and Database Design. This deposit is due, in full, with the signed proposals before osWebDesigns can begin work on your project. The deposit is non-refundable.
In order for osWebDesigns to remain in business, payments must be made promptly. Invoices are due within ten (10) calendar days of receipt. Invoices are considered Past Due ten (10) days after the due date, and a $15 charge is automatically assessed to the relevant invoice. If an invoice remains outstanding thirty (30) days after its due date, and additional 5% penalty will be automatically added to said invoice for each month of delinquency. osWebDesigns reserves the right to remove or suspend hosting accounts for seriously or habitually delinquent accounts until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process.
The remainder of the balance for the project is due within ten(10) days when the work is completed by osWebDesigns. Until payment is received, osWebDesigns reserves the right to stop design/development work and/or suspend the client’s account and site-in-progress. This money is also non-refundable.
Refunds
osWebDesigns offers a 30-day money back guarantee on hosting services. If during your first 30 days of hosting you are not satisfied with our hosting services, we will cancel your account and refund the money paid for year. We must receive written notification within the first 30 days of hosting setup. Notification received after the first 30 days does not qualify for the refund and while we would not attempt in any way to withhold the transfer of your domain to another hosting company, we would not refund the money you paid for the year.
For web design / web development services, if the CLIENT applies by a registered letter for a refund within fifteen (15) days of submitted initial payment, work already completed shall be billed at our standard hourly rate and deducted from the initial payment. If that work that has been completed is beyond the amount covered in the initial payment, the CLIENT shall be liable to pay for all work completed at our standard hourly rate.
Cancellation
In the event that work is postponed or cancelled at the request of the CLIENT by registered letter, osWebDesigns shall have the right to bill pro rate for work completed through the date of that request, while reserving all rights under our standard policies. If additional payment is due, this shall be payable within fifteen days of the CLIENT’s notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by osWebDesigns and osWebDesigns shall own all rights to the work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.
Maintenance
Unless otherwise stated in writing, website maintenance will be the responsibility of the CLIENT. If a maintenance service agreement is entered between osWebDesigns and the CLIENT, it will be contained within its own document. However, our standard web design maintenance policy does include minor modifications and corrections requested within a two-week period including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text or design modifications. If the CLIENT or another agent other than osWebDesigns attempts to update the CLIENT’s pages during this time, time to repair the website will be assessed at our standard hourly rate, and is not included as part of the modification time.
Liability
CLIENT hereby agrees than any material submitted for publication will not contain anything leading to an abusive or unethical use of the host's terms of service. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
CLIENT hereby agrees to indemnify and hold harmless osWebDesigns from any claim resulting from CLIENT’s publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless osWebDesigns in any claim resulting from the submission of illegal materials.
If osWebDesigns shall acquire an Internet Domain Name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against osWebDesigns, for any loss, damage, claim, or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of providing of this service by osWebDesigns.
Under no circumstances, including negligence, shall osWebDesigns, its offices, agents, or anyone else involved in creating, producing, or distributing its services, be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use osWebDesigns’s services; or that results from mistakes, omissions, interruptions, deletion, or loss files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access osWebDesigns’s records, programs, or services. CLIENT maintains sole responsibility for data back-ups and restoration. CLIENT hereby acknowledges that this paragraph shall apply to all content of osWebDesigns’s services.
Notwithstanding the above, CLIENT’s exclusive remedies for all damages, losses, and causes of actions whether in CONTRACT, or including negligence, or otherwise, shall not exceed aggregate dollar amount that CLIENT paid during the term of this CONTRACT and any reasonable attorney’s fee and court costs.
Indemnification.
CLIENT agrees that it shall defend, indemnify, save and hold osWebDesigns harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, asserted against osWebDesigns, agents, its clients, servants, officers, employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents, employees, or assigns. CLIENT agrees to defend, indemnify, and hold harmless osWebDesigns against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with osWebDesigns’ service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold from the Web site osWebDesigns has designed.
Laws Affecting E-Commerce.
The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend osWebDesigns and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’s use of e-commerce.
Copyright
osWebDesigns and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Authorship Credit
CLIENT may select that osWebDesigns includes a byline and link on the bottom of their website establishing authorship credit. This byline is upon agreement by both CLIENT and osWebDesigns and must be removed at any time upon written request by osWebDesigns
Non-Disclosure
osWebDesigns, its employees, and subcontractors agree that, except as directed by CLIENT, it will not at any time during or after the term of this CONTRACT disclose any Confidential Information to any person whatsoever.
Expiration
If client chooses to neglect sending pertinent information related to project, after 3 months the project will be considered delinquent and after 6 months any additional work may require additional fees at our standard hourly rate.
Arbitration.
Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this CONTRACT shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed-upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any having jurisdiction thereof. The CLIENT shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of osWebDesigns
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