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Terms and Conditions

Terms and Conditions

1.0 SERVICES RENDERED

1.1 DESIGN

Q Group Web Design creates look-and-feel designs, as flexible layouts that adapt to the capabilities of many devices and screen sizes.  As such, it is impractical to create mock-ups for each page/browser/display option. We may use static visuals to indicate a look-and-feel direction (color, texture and typography.)

You will have two or more opportunities to review our work and provide feedback.  If at any stage, you are not happy with the direction our work is taking, you agree to pay us in full for everything we have produced up to that point and then cancel this contract in writing.

1.2 TEXT CONTENT

It is the your responsibility to provide in an editable, digital format all text to be included in the website.  Writing or inputting any text copy is not included in this contract.  If you would like us to write new content or input text for you, we are happy to provide a separate estimate for that.

1.3 PHOTOGRAPHS AND ARTWORK

If you are providing photographs or other artwork for use on the website, It is your responsibility to supply graphic files to us in an editable, digital format.  Photographs must be high-resolution digital format.  If you choose to buy stock photographs, we can suggest stock libraries and style of photography/images.  If you would like us to search for photographs for you, we can provide a separate estimate for that.  Cost of buying stock photographs or a photo shoot is not included in this contract.  If you choose to purchase materials, services, or any items other than those specified by the website designer, Q Group, LLC is not liable for the cost, quality, workmanship, condition, or appearance of such items.

1.4 BROWSER TESTING

Because of the vast range of browsers and devices available for use today, it is no longer the goal of website developers to make a website look the same in browsers of different capabilities or on devices with different screen sizes. Rather, the aim is to ensure that a viewer’s experience of a design should be appropriate to the capabilities of a browser or device. To this end, the website will be tested for usability and aesthetic appeal when viewed using current versions of desktop browsers: Safari, Chrome, Internet Explorer, and Mozilla Firefox, as well as iOS and Android mobile devices.

1.5 TECHNICAL SUPPORT

Your contract for website development does not include any technical support services beyond those explicitly detailed in the project estimate.

1.6 CHANGES AND REVISIONS

We don’t want to limit your ability to change your mind or make decisions once the project has begun when you might be better informed and have a clearer view of what you want.  Accordingly, you will have the opportunity to make up to three rounds of edits during website development and these edits will not incur any additional cost provided that they don’t expand the scope of the project.  Edits within scope – but in excess of three rounds - will be charged at $125/hour.

If you want to change your mind or add anything new, we will provide a separate estimate to cover the additional work.

The price at the beginning of this contract is based on the length of time we need to accomplish everything you have told us that you want to achieve, but we are happy to be flexible.

1.7 ERRORS

We make all attempts to provide a flawless end product.  However, we can’t guarantee that our work will be completely error-free.  By signing this contract you agree that Q Group, LLC, its Principals and employees will not be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages.

1.8 TRAVEL

Travel costs not explicitly agreed upon in the project scope of work will be billed additionally, at current State Government reimbursement rates.

2.0 MUTUAL COOPERATION

We agree to use our best efforts to fulfill and exceed your expectations on the deliverables listed above.  You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.

3.0 CHARGES FOR SERVICES PERFORMED

3.1 REQUESTS FOR ENHANCED FUNCTIONALITY

Functionality of feature requests above and beyond those listed in the budget and/or the functionality specifications may be considered out-of-scope and an amendment to the budget will be recommended.

3.2 PROJECT DORMANCY

If projects are dormant for longer than 30 days as a result of inactivity on your part, you agree to pay for all work completed up to the time when the project became dormant. Once you get back in touch with us, we will resume work on your website.

3.2 OVERTIME

Fees quoted are based upon work performed during the course of regular working hours (based on a 40 hour week, Monday - Friday). Overtime, rush, holiday and weekend work necessitated by Client's directive is billed in addition to the fees quoted at $185/hour.

4.0 TERMS OF PAYMENT

4.1 BILLING SCHEDULE

By signing this contract you agree to adhere to the following payment schedule.

Fifty percent (50%) of the total projected project cost on signing of this contract.  This will act as the initial deposit.  The balance will be divided into two payments with 25% due on design approval and the final 25% due at project completion.

4.2 CLIENT AGREEMENT TO PAY

You agree to pay our initial (1st) invoice upon receipt.  This will act as a deposit for the project.  Every invoice after that will have 15-day payment terms.  In the event that payment is not made within 15 days, Q Group, LLC will charge a late payment of 5% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs that Q Group, LLC incurs for carrying overdue invoices from you.  Additionally, Q Group, LLC reserves the right to stop work until payment is received.

Please make all checks payable to “Q Group, LLC”.

4.3 COLLECTION COSTS

In the event that we incur legal fees, costs and disbursements in an effort to collect invoiced amounts, you agree to reimburse us for these expenses in addition to interest on the unpaid balance.

5.0 CANCELLATION OF PLANS

You have the right to modify, reject, cancel or stop any and all plans or work in process.  However, you agree to reimburse Q Group, LLC for all costs and expenses incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action.  We agree to use our best efforts to minimize such costs and expenses.

6.0 RESPONSIBILITIES OF Q GROUP, LLC AND THE CLIENT

6.1 Q GROUP, LLC’S RESPONSIBILITY FOR RELEASES

Q Group, LLC shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, artwork or any other property or rights belonging to third parties obtained by us for use in performing services for you (if applicable).

6.2 CLIENT RESPONSIBILITY FOR RELEASES

You guarantee that all elements of text, images, or other artwork you provide are either owned by you or that you have permission to use them. When final payment for the project is made, copyright will automatically be transferred to you.

You will own the visual elements that we create for the project.  We will provide you the source files and finished files and you should keep them somewhere safe as we will not necessarily keep copies. You own all elements of text, images and date you provided, unless someone else owns them.

6.3 CLIENT RESPONSIBILITY FOR ACCURACY

You shall be responsible for the accuracy, completeness and propriety of information concerning the products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.

Sixty Day Warranty – You have sixty (60) days from the date of initial website upload to identify and bring to our attention any aspects of the website that are incorrect or nonfunctional.  This includes, but is not limited to, typographical errors, broken links, duplicated or missing content, nonfunctioning sliders, and nonfunctional forms.  Such errors will be fixed at our expense only if brought to our attention within sixty (60) days of the date of initial website upload, regardless of whether or not the issues were present in the website during the initial 60 days.

Standard hourly fees (charged in 15 minute intervals) will be charged for fixing problems brought to our attention after conclusion of the 60-day window.

Issues with the website that result from the client’s manipulation of the website through inbrowser editing are not covered in the  warranty.  Resolution of such issues will be charged at our standard hourly rate, (charged in 15 minute intervals).

7.0 CONFIDENTIALITY

Q Group, LLC acknowledges responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary information or data developed by Q Group, LLC on your behalf, or disclosed by you to Q Group, LLC.

8.0 TERMS AND TERMINATION

8.1 PERIOD OF AGREEMENT AND NOTICE OF TERMINATION

This Agreement become effective as of the date of signing and shall continue until terminated by either party upon payment by you of final invoice, or not less than 60 days’ notice in writing given by either party to the other.

8.2 TERMINATION FOR CAUSE

Either Party to this Agreement may terminate if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of the said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period and diligently proceeds to cure the default.

In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought y or against it under insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment to make payment pursuant to this Agreement.

8.3 PAYMENT FOR NON-CANCELABLE MATERIALS

Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement.  We agree to use our best efforts to minimize such liabilities immediately upon written notification by you.  We will provide written proof, upon your request that any such materials and services are non-cancelable.

8.4 MATERIALS UNPAID FOR

If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.

8.5 TRANSFER OF MATERIALS

Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by you to Q Group, LLC, Q Group, LLC shall transfer, assign and make available to you all property and materials in our possession or control belonging to you.  You agree to pay for all costs associated with the transfer of materials.

9.0 GENERAL PROVISIONS

9.1 GOVERNING LAW

This agreement shall be governed and construed in accordance with the laws and provisions of the State of Mississippi.

9.2 REPRESENTATIONS AND WARRANTIES

The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.

9.3 ENTIRE AGREEMENT

Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter thereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.

9.4 SEVERABILITY

If any provision of the Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable.  In such instance, this Agreement will be construed and enforces as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.

Revised October 2016

 

 

Q Group, LLC

18 Northtown Dr., Suite C

Jackson, MS 39211

(601) 941-8133

info@qgroupllc.us

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