Table of contents
1. Standard Terms
These are our standard terms and conditions for Website Design and Development and apply to all contracts and works undertaken by EnspireFX Web Design Company for our clients.
Accepting a quote from us or making any payment to us for the use of any of our services means you have expressly agreed to these terms and conditions in full.
We will design you a one-page Under Construction website within 72 hours, upon accepting your project. We will further present you with a mockup design to meet the look-and-feel, layout, and functionality for your website so that we can get in the right direction for the development phase of the project.
We will present to you one initial design concept that includes the home page and may include up to 3 subsequent content pages as well as colour customization, texture, and typography. We will work with you to map out a suitable structure for the website to ensure that it’s intuitive and easy to use and would ask you to approve the design structure before moving on to the design phase. Any major changes to the design structure after this time incur additional fees. You will be notified in writing before proceeding.
Unless otherwise stated in writing or agreed with EnspireFX Web Design, payment terms shall be as follows;
1. 50% deposit prior to commencing any Web Design project
2. 50% final payment when work is completed to your reasonable satisfaction
We reserve the right not to commence any work until the advance deposit has been paid in full.
EnspireFX Web Design expressly reserves the right to ask for full payment in advance for any promotional or special offers without undertaking any obligation to refund any payment made for such promotions. Payment for services is due by Bank Deposit or Mobile Money Transfer.
5. Late payments and Defaulting
We have a strict payment policy that any outstanding accounts for work carried out by us are required to be paid in full, not later than 72 hours from the date of completion or due date unless by prior arrangement with EnspireFX Web Design. Accounts not paid within 72 hours from its due date will be considered as default.
If any account is in default, access to the related account; website, emails and/or any other associated services may be denied or suspended until final payment is made. Accounts suspended in this manner can be re-activated upon full payment. Additionally, EnspireFX We Design reserve the right to impose a re-activation fee of up to $100.00 USD or its equivalent on all default accounts that remain unpaid 7 days after the due date.
It’s important that you pay all bills or invoices promptly to avoid any inconvenience/service interruption on your website or account.
If you have different payment terms, contact us to discuss prior to starting the project so we can set out an appropriate schedule.
All domain registrations and renewals are billed annually and are paid in advance. Expiration of a domain can result in service disruption and loss of domain, it is your responsibility, therefore, to renew your domain names with us. Failure to so, EnspireFX Web Design will not responsible for the loss, cancellation or otherwise of the domain as a result of a late or non-payment.
It is your responsibility to keep a record of the due dates for payment to ensure that payment is received in good time. We may (but not obliged to) give you notice of your domain renewal.
7. Website Hosting
Hosting is an annual charge which must be paid in advance for the whole year. It is your responsibility to renew the hosting in time (ie. before the expiry date). Failure to renew in time can lead to loss of files, data, emails, backups etc. EnspireFX Web Design will not be responsible for issues relating to delayed payment. All unpaid hostings are disabled or deleted from the server.
Hosting are on shared and non-shared servers hosted via third-party providers. Whilst every effort will be made to ensure that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however, we will not be held liable for any disruption of services if such a situation arises.
EnspireFX Web Design is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. This means we reserve the right to turn down a design offer in order to ensure that your work is completed at the time arranged.
You must, therefore, supply all materials and information required by us to complete the work in accordance with any agreed specification. Such content materials may include but are not limited to, images, written text, graphics, logos, and other digital material.
Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. In the case, where we are unable to communicate with you on a project for an extended period of time (30 days) — by phone or email, the project will be put on hold, and we have the right to impose a re-establishment fee of up to $100.00 USD or its equivalent before work continues.
Where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a re-establishment fee or invoice you for the rest of the amount due on the project.
9. Write-ups and Images
Sometimes. during the design process, EnspireFX will advise as to how to make your text more ‘web-friendly’ and will present some alternatives to you that will suit the design and also doe SEO purposes. We will also do some basic proofreading, however, it’s your responsibility to ensure all texts are error-free and reading correctly on your site.
In general, we are not responsible for writing, editing or proofreading your project text contents unless specified in the original estimate. We can provide copywriting services and would be happy to quote you for this if need be. You will be responsible for the supply of photographs/images in digital format and high resolution. If you choose to use stock images, EnspireFX Web Design can suggest vendors of stock images or buy images for the sole purpose of your project and will be billed back to you.
You are free to request changes during the designing phase and we will be happy to comply on the following conditions;
● Minor revisions: Requests for minor revisions not exceeding 10 rounds can be made during the designing phase. This may include image swapping, changing a short text phrase here and there, colors or font style. (this does not include image editing, modification of original page layout or changes outside the scope of the original design as agreed by Client.
● Major revisions: Any major revision or modification outside the scope of the original design layout is chargeable. These revision may include changes that requires a significant amount of time to complete, page layouts, plugins, scripts, or additional functionality than the one initially agreed in the mockup design.
11. Website design Credit
All websites designed by EnspireFX Web Design will have a “Website by EnspireFX Web Design” credit link on the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent.
You may pay EnspireFX Web Design a fee of $300.00 USD or its equivalent to have this link permanently removed. Should you have a new website designed for your site by a company other than EnspireFX Web Design, you may remove the credit from your website.
EnspireFX Web Design reserves the right to display websites and graphics that have been designed by EnspireFX Web Design on their website, and in any marketing material to aid as examples of our work
Upon completion of a project, EnspireFX Web Design transfers all rights and ownership of designs and scripts written by EnspireFX Web Design to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners
Ownership and copyright of all custom scripts & codes, theme & templates not purchased by the client remain with EnspireFX Web Design and are not transferred to the client.
EnspireFX Web Design reserves the right to resell designed websites that remain unpaid by the original client, or unaccepted mockups or other graphics created by EnspireFX Web Design but not in legal use by the client.
● Web Design & Development: Payments are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by EnspireFX Web Design and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
● Web Hosting: A Web Hosting agreement may be canceled 15 days after the account has been setup and a full refund will be given minus $20 or its equivalent as administrative fees. After the 15 days, neither a full package or partial refund based on the remaining months of the year’s hosting fee can be given.
● Other Services: Payments made for search engine optimization, online marketing or other related services are final and non-refundable. EnspireFX Web Design does not issue pro-rata refunds for fees paid in advance. Fees are applied to cost immediately incurred by EnspireFX Web Design in initiating services on your behalf. If a project is canceled or postponed, all monies paid are retained by EnspireFX Web Design and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Refunds are only possible if we are unable to render the services to you. If at any time in the service rendering process, you are not satisfied, you may bring it to our attention. We will investigate and decide about the refund. In general, we will not refund payments on time spent on research, development, design, domain registration, hosting or administrative cost.
If you wish to request a refund for payment made to us for web design & development, you are required to write a refund request and mail to email@example.com not later than 15 days after the payment is made.
14. Search Engines
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice —using clean, web-standard markup, correct image, and heading tags, site map generation and submitting your site to search engines to assist your website to be found organically by search engines
However, we can assist you with advanced SEO and recommend SEO strategies for your site. Contact us if need be.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We take confidentiality very seriously. We acknowledge, therefore, that we may receive certain confidential and business information and materials about each other and warrant that We (and any subcontractors we engage) will not at any time disclose any of such confidential information to any third party and will require the same from you.
17. Governing Law
The agreement constituted by these terms and conditions and all matters arising from it will be governed by and construed in accordance with the laws of the Republic of Ghana.
18. Disputes, liabilities and Indemnity
In an event of a dispute, EnspireFX Web Design reserves the right to charge you in full for the work done as well as for the resources spent in managing the dispute. In such an event, we reserve the right to charge you without honoring any discounts that were previously honored in good faith. Under no circumstances will EnspireFX Web Design be liable for any damages arising from misrepresentation or misinformation.
EnspireFX Web Design reserves the right to refuse service to any client if these are not aligned with our business operating principles and policies.
You will indemnify and hold “us” (including our licensors, content providers, service providers, employees, agents, officers, directors, contractors, and sub-contractors) harmless from the breach of any of these terms and conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of the content other than as expressly authorized in these terms and condition, copyrights, and any other resulting lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design and/or development work rests with the client.
Please Note: EnspireFX Web Design reserves the right to review and amend these terms and conditions without notice.