Terms | Conditions
The following terms and conditions apply to all website development / design services provided by
Daily Planet Virtual Services to you (the Client).
It is not necessary for any potential Client to have signed an acceptance of these terms and conditions for them to apply for a consultation. If a Client accepts a quote, then the Client will be deemed to be satisfied themselves as to the terms contained herein and have accepted these terms and conditions in their entirety.
We ask that you please read these terms and conditions carefully. Any purchase/use of Daily Planet Virtual’s services automatically implies that you have read and accepted the terms and conditions contained in this document.
Charges and/or invoices for services to be provided by Daily Planet Virtual are defined in the project quotation that we have sent to the Client via e-mail. Quotations are valid for a period of 30 days from the email date. Daily Planet Virtual Services reserves the right to alter or decline to provide a quotation after the 30 days grace period has expired.
Unless agreed otherwise with the Client, all website development and design services require an initial advance payment of a minimum of forty (40) percent of the project quotation total before any work is supplied to the Client for review.
A second charge/invoice of thirty (30) percent will be required after the development stage, with the remaining thirty (30) percent of the project quotation total due upon completion of the work, prior to upload to the server (details provided by client), and/or release of all materials.
Payment for services rendered is due by cheque, credit card (MasterCard/Visa) or Paypal.
If paying by cheque, please make it payable to Daily Planet Virtual Services and send to:
Daily Planet Virtual Services
#206, 79 King Street West
COBOURG, Ontario (Canada)
3. Turnaround Time and Content Control
Daily Planet Virtual Services will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at a date agreed upon between the Client and Daily Planet Virtual Services after initial payment is received, unless a delay is specifically requested by the Client and agreed upon by Daily Planet Virtual Services.
In return, the Client agrees to delegate a single individual as a primary contact to aid Daily Planet Virtual Services in progressing the work in a satisfactory and expedient manner.
During the project, Daily Planet Virtual Services will require the Client to provide website content, text, images, movies and sound files.
4. Review By You, The Client
Daily Planet Virtual Services will provide you, the Client, with ample opportunities to review the appearance and content of the website during the design phase, and again when the overall website development is completed.
At the completion of the project, such materials will be deemed to be acceptable and approved unless the Client notifies the design vendor, Daily Planet Virtual Services. Otherwise within ten (10) days of the date the materials are made available to the Client.
5. Failure to provide required website content…
Daily Planet Virtual Services is a small business, and as such in order to remain efficient, we must ensure that work we have programmed is carried out at the pre-scheduled time. On occasion, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance and on time. If an occasion arises where progress cannot be made in the design of your website because we have not been given the required information in the agreed upon time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25 percent of the total quotation.
If you agree to provide us with the required information and subsequently fail to do so within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put: the above conditions says do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages tabs (if applicable). Contact us if you need clarification on this specific area.
6. Payment For Services Rendered
Invoices will be provided by Daily Planet Virtual Services upon completion, but before publishing the live website.
Invoices are normally sent via our Freshbooks online invoicing system. However, the Client may choose to receive hard copy invoices.
Any/all Invoices are payable upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%).
7. Additional Expenses
The Client agrees to reimburse Daily Planet Virtual Services for any/all additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. Client will be notified in advance of such additional expenses.
8. Web Browsers
Daily Planet Virtual Services makes every effort to ensure websites are designed to be viewed by the majority of visitors utilizing the latest technology. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Daily Planet Virtual Services cannot guarantee correct functionality with all browser software across different operating systems.
Daily Planet Virtual Services also cannot accept responsibility for website pages which do not display acceptably in newer versions of browsers released after the website has been designed and handed over to the Client. As such, Daily Planet Virtual Services reserves the right to requote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts remaining unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Daily Planet Virtual Services’s Web space, Daily Planet Virtual Services will, at its discretion, remove all such material from its web space without prior notification to Client.
Daily Planet Virtual Services is not responsible for any loss of data incurred due to this removal of the service. However, removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned due to insufficient funds will be assessed a return charge of $25 and the Client’s account will immediately be considered to be in default until full payment is received.
Clients with accounts in default agree to pay Daily Planet Virtual Services reasonable expenses, including any legal fees and costs for collection by third-party agencies, incurred by Daily Planet Virtual Services in enforcing these Terms and Conditions
Termination of services by the Client must be requested via a written notice and will be effective upon receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until such requests are confirmed in writing.
The Client will be invoiced for any/all design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Daily Planet Virtual Services services may be used for lawful purposes only. You agree to indemnify and hold Daily Planet Virtual Services harmless from any claims resulting from your use of our service that damages you or any other party, or is deemed inappropriate.
The Client retains the copyright to data, files, and any graphic logos provided by the Client, and grants Daily Planet Virtual Services the rights to publish and use such material. The Client must obtain lawful permission and rights to use any information or files that are copyrighted.
The Client is further responsible for granting Daily Planet Virtual Services permission and rights for use of same and agrees to indemnify and hold the Daily Planet Virtual Services harmless from any/all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
A contract for website design and/or placement shall be regarded as a guarantee by the Client to Daily Planet Virtual Services that all such permissions and authorities have been obtained.
Evidence of permissions and authorities may be requested by Daily Planet Virtual Services.
13. Standard Media Delivery
Unless otherwise specified in the initial project quotation, this Agreement assumes that any/all text will be provided by the Client in electronic format (delivered via e-mail. Dropbox or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format.
Although every reasonable attempt shall be made by Daily Planet Virtual Services to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to Daily Planet Virtual Services will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic image or logo is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied.
When total development charges are less than $5,000 (USD), a fixed fee of $500 (USD) will be applied.
The Client also agrees that the website developed for the Client may be presented in the Daily Planet Virtual Services website portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, Daily Planet Virtual Services must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
Daily Planet Virtual Services cannot accept responsibility for any alterations conducted by a third party to the Client’s web pages once installed.
Such alterations include, but are not limited to, additions, modifications, or deletions.
17. Domain Names, Security Certificates and Other Miscellaneous Add-On Services
Daily Planet Virtual Services may purchase domain names, SSL certificates or other items pertaining to the construction of a web site on behalf of the Client. Payment and renewal of these domain names, certificates and/or other service add-ons is the responsibility of the Client.
The loss, cancellation, or otherwise of the domain brought about by non or late payment is not the responsibility of Daily Planet Virtual Services. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings, or agreements, whether verbal or written.
The Client’s acceptance signature (on a submitted proposal) or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
Payment online is deemed as an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by the laws of Canada and its provinces and/or territories.
Daily Planet Virtual Services hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
- Loss or damage to clients’ artwork/photos, supplied for the site. It is immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Daily Planet Virtual Services to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event that one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone.
Such invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid provisions.