Parties Buyer (hereinafter referred to as “You” or “Credit Card Holder” or “Client”). Seller, Smithworks Inc. (SWI) dba IHPBizTools.com, a Louisiana S-Corporation (hereinafter referred to as “IHP,” “Our,” “Us” or “We”).

Electronic Consent In addition to this electronic Contract, you have a right to request a paper copy of this Contract. If you want a paper copy, please talk to one of our representatives by calling 225-784-2168 or email your request to info@ihpbiztools.com and we will send you a paper copy via email, mail or fax.

Terms and Conditions

1) STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by IHP for its clients. You agree that this document serves the same purpose as a hand-signed contract.

2) FEES, EXPENSES AND AUTHORITY TO COMMENCE WORK

Authority to begin building your website is granted by you when you submit the Website Design & Development Questionnaire (hereinafter referred to as Intake Form). We reserve the right not to commence any work until the Intake Form has been received by IHP.

Any expenses for plugins, software, services, etc. that are in addition to the basic website creation and design but still required by the Client will be paid for by Client prior to IHP’s procurement of same. Client understands and agrees that any purchase of plugins, software, services, etc. outside of those offered by IHP may require annual payments and agrees to same. In the event Client cancels IHP services, said plugins, software, services, etc. become property of IHP until the expiration date, if any. 

All prices listed are in U.S Dollars.

Option A:

A website with up to six pages designed to specifications according to the Website Intake Form; a placeholder disclaimer page and a placeholder privacy policy page are in addition to the number of pages included in this Option. There is no fee for website design and creation. You agree to pay a monthly fee of $75 for two years from the date of website approval. This monthly fee include website maintenance but does not include website content management. See 23) Placeholder Legal Documents and 25) Definitions at the end of this document.

Option B:

A website with up to thirteen pages designed to specifications according to the Website Intake Form; a placeholder disclaimer page and a placeholder privacy policy page are in addition to the number of pages included in this Option. There is no fee for website design and creation. You agree to pay a monthly fee of $129 for two years from the date of website approval. This monthly fee include website maintenance but does not include website content management. See 23) Placeholder Legal Documents and 25) Definitions at the end of this document.

Option C:

A website with up to twenty-four pages designed to specifications according to the Website Intake Form; a placeholder disclaimer page and a placeholder privacy policy page are in addition to the number of pages included in this Option. There is no fee for website design and creation. You agree to pay a monthly fee of $199 for two years from the date of website approval. This monthly fee include website maintenance but does not include website content management. See 23) Placeholder Legal Documents and 25) Definitions at the end of this document.

Option D1 (NonProfits Only):

A website with up to six pages designed to specifications according to the Website Intake Form; a placeholder disclaimer page and a placeholder privacy policy page are in addition to the number of pages included in this Option. There is no fee for website design and creation. You agree to pay a monthly fee of $49 for two years from the date of website approval. This monthly fee include website maintenance but does not include website content management. See 23) Placeholder Legal Documents and 25) Definitions at the end of this document.

Option D2 (NonProfits Only):

A website with up to thirteen pages designed to specifications according to the Website Intake Form; a placeholder disclaimer page and a placeholder privacy policy page are in addition to the number of pages included in this Option. There is no fee for website design and creation. You agree to pay a monthly fee of $89 for two years from the date of website approval. This monthly fee include website maintenance but does not include website content management. See 23) Placeholder Legal Documents and 25) Definitions at the end of this document.

Option D3 (NonProfits Only):

A website with up to twenty-four pages designed to specifications according to the Website Intake Form; a placeholder disclaimer page and a placeholder privacy policy page are in addition to the number of pages included in this Option. There is no fee for website design and creation. You agree to pay a monthly fee of $129 for two years from the date of website approval. This monthly fee include website maintenance but does not include website content management. See 23) Placeholder Legal Documents and 25) Definitions at the end of this document.

3) REFUND POLICY

We work sincerely and dedicatedly to satisfy you. Because IHP does not charge for the creation and initial design of your website, there are no monies to refund. In addition, refunds are not applicable:

  • on domain registration fees as all domain fees are paid by IHP
  • for express service clients
  • for any delays out of our control
  • once a website is completed
  • on web hosting fees
  • on any previously paid monthly installment fee

In the event you decide to cancel prior to the 24-month contract period, you understand and agree that IHP will charge the balance of fees due and you understand and agree to pay same within 72 hours.

4) SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we reserve the sole right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to stop work and invoice you for any balance on the contract.

5) VARIATIONS

We are pleased to offer you the opportunity to make up to seven revisions to the design during the creation phase. After your website has gone live, revisions are charged at the rate of $99 per hour (non-profits are charged a rate of $49 per hour).

6) PROJECT DELAYS AND CLIENT LIABILITY

Any timeframes or estimates that we give are contingent upon your full cooperation along with complete and final content for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process. We will not be responsible if the web design project remains largely unfinished or is delayed, due to your own inaction, or by not approving design mockups / requesting web design changes on time. After the initial 45 calendar days, if the project is still unfinished, hourly rates as stated above will be billed for any further change request.

7) APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed fulfilled.

8) REJECTED WORK

If you reject any of our work within the 7-day review period and not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, can elect to treat this contract as complete and take measures to recover payment for the creation and design of your website. In this event, you agree to pay IHP for their time and expertise for the creation and design of your website as follows:

Option A: $899
Option B: $1599
Option C: $2699
Option D1 (NonProfits Only) $499
Option D2 (NonProfits Only) $899
Option D3 (NonProfits Only) $1499

9) ADDITIONAL WORK

If you decide you require any support after Approval of Work, you will be billed at the hourly rate stated under 5) Variations. Upon your request, an estimate can be provided before any additional work commences.

10) PAYMENT

Upon completion of the 7-day review period, we will automatically charge your card monthly for 24 months per our agreement. Thereafter, your card will be charged monthly unless or until we receive an email from you instructing us to discontinue the automatic monthly renewal. In this event, we will immediately discontinue the monthly renewal. In addition, you understand and agree that IHP reserves the right to immediately remove your website from public view and/or delete the website.

You unconditionally and personally guarantee all payments. In case collection proves necessary, you agree to pay all fees (including all attorney’s fees and court costs) incurred by that process.

IHP reserves the right to change its pricing at any time. IHP agrees to provide a 30-day notice of any price change. Under no circumstances will IHP change pricing while you are still within the first 24-month payment cycle.

11) COPYRIGHTS & TRADEMARKS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

12) LICENSING

IHP owns the licensing to any website we create. You will have access to your website and the content therein for as long as you pay the monthly fee. If you fail to pay the monthly fee, the website will be brought down from the Internet until all fees are paid in full.

13) SEARCH ENGINES

All website designed by us are search engine friendly. However we do not guarantee any specific position in search engine results for your website.

14) CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

15) DISCLAIMER

Notwithstanding anything to the contrary contained in this contract, neither IHP nor any of its employees or agents, warrant that the functions contained in the web design project will be uninterrupted or error-free. In no event will IHP or its owners or employees will be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the hosting service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if IHP has been advised of the possibility of such damages.

16) ASSIGNMENT

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

17) NON-DISCLOSURE

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

18) ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to additional pages or posts (collectively referred to as “tems”), purchase of third party software, stock photographs, fonts, domain name registration, web hosting, SEO or advertising services or any other comparable expenses. These extra add-ons have to be paid immediately upon request.

19) BACKUPS and HOSTING

When your website is hosted via IHP, backups of all websites take place on a daily basis; they are securely kept in a separate server for 28 days. We do not backup any Archive files (*.zip, *.tar, *.tar.gz, *.tgx, *.rar etc.). IHP is not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

20) OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

IHP is the owner of any website we create and is the owner of any domain names purchased on your behalf. Web Hosting is owned by the vendor utilized by IHP so your website can be placed on the Internet.

21) PORTFOLIO

IHP reserves the right to use any website we create in our portfolio for marketing and proof of ability purposes.

22) RIGHT OF REFUSAL

IHP reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also, we have the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications.

23) PLACEHOLDER LEGAL DOCUMENTS

You understand and agree that while IHP provides both a disclaimer page and privacy policy page, neither IHP employees nor Cathy Smith are attorneys and as such, we have never stated or suggested we has any knowledge of legal documents or terminology. You also understand that any legal information placed on the website by IHP is done so as a courtesy placeholder with your agreement and understanding that it is your responsibility to hire an attorney to ascertain if the placeholder legal documents need to be rewritten. If your attorney recommends the documents be edited, updated, or replaced, you agree to provide IHPh with the documents your attorney provides you and IHP agrees to place these documents on your website one time at no additional charge. You understand and agree that you are wholly responsible for any legal information on your website and agree to hold IHP, its employees, etc. completely harmless.

24) GOVERNING LAW

Regardless of your location or the location of your IP address, you agree that by submitting an Intake Form, this contract is fully enforceable just as if you had electronically or personally signed it.

For purposes of venue, this agreement was entered into in the state of Louisiana, United States. Any dispute will be litigated or arbitrated in the state of Louisiana, and you hereby consent to the personal jurisdiction of the West Feliciana Parish court. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.

25) DEFINITIONS

Website Maintenance: The performance of tasks necessary to keep a website up to date and in good, working order so that it works and shows up correctly with the latest web browsers and mobile devices.

Website Content Management: A bundled or stand-alone application used to create, manage, store and deploy content on web pages. Web content types can include text, graphics and photos, video or audio, and application code that renders other content or interacts with the visitor.

Website Page: A page of written material and pictures that is shown on a website. A page may be any length and is therefore defined as any section of information visible on a computer screen that relates to one specific piece of information. Therefore, multiple sections (also known as “pages”) will be visible as the site visitor scrolls down the website.