Aldebaran requires that before any work commences on your website or consulting project, you must read and accept these terms of service (“Terms of Service”). You will acknowledge agreement prior to your initial payment and with each additional payment.
WHEREAS, Aldebaran Services LLC Doing Business As Aldebaran Web Design (“Aldebaran”) is internet website design company providing custom web development, web software integration, web consulting, and search engine optimization (“SEO”);
WHEREAS, Customer ("you","client", "customer") seeks to engage Aldebaran for website design, consulting, and optimization purposes;
THEREFORE, in consideration of the mutual promises herein, the parties intending to be legally bound agree as follows:
Free Consultation vs. Billable Time
Free onsultation typically covers answering questions about Aldebaran services and helping clients decide if they want to hire Aldebaran to perform services. If a prospective client asks Aldebaran to "work" on a website, this is billable time. Billable time includes not only making changes, but also doing research, reviewing website files or code and providing requested website assessments.
Aldebaran only accepts compensation in US dollars. Aldebaran does not accept trade for the services that a client might offer; this includes partnerships in a client's business. Aldebaran accepts payments via credit cards/debit cards/ echecks through PayPal and accepts checks on a case-by-case basis.
Communication With Clients
All communication with clients is typically done via phone, email, or online chat, and is billable time.
All client information, including email addresses, username and passwords are kept confidential and not shared with any third parties.
Initial Payment for New Website Design
Until Aldebaran receives the initial payment, the assumption is that prospective clients are still shopping around for a website designer. Initial payments are a client's way of telling Aldebaran they have engaged Aldebaran to do work. For new websites, an initial payment of work is required. Half of the initial payment is a non refundable set-up fee. Once initial payment is received, the client is put into the work queue. So if you would like Aldebaran to start working on your website ASAP, please make the initial payment to get into the queue.
All payments are due upon receipt of invoice. Invoices are sent via email. If a client does not pay within 14 days, they will receive an email reminder.
If a client does not pay within 30 days even after being sent reminder emails, the client will be required to pre-pay for any future maintenance requests.
Termination of Project and Refund Policy
If, at any time, a client would like to terminate the project, Aldebaran will refund any unused hours, less the set-up fee. Please note that there are no refunds for time spent working on a client's website.
Aldebaran may also terminate projects for clients who become unresponsive (not returning emails or phone calls). Any unused payment will be refunded, less the set up fee.
How The Queue Works
When a deposit is received from a new client, the client is put at the end of the queue. As current projects are completed, Aldebaran will go through the queue, in order of date of deposit received, and check to see if clients are ready to start the design phase. If they are not ready to start, Aldebaran will move to the next client in the queue.
New Website Design vs. Maintenance
When working on a new website design, clients are billed hourly. Once a new website design or redesign is completed, any further work is considered maintenance. Maintenance work is billed the same rate, but has a one hour minimum charge per request.
Ownership of Files
Aldebaran is compensated for work by an hourly fee versus a flat rate for website design. One benefit of this system is that clients completely own all output of services as soon as they have paid any outstanding balance. However, if you plan to have Aldebaran Web Design perform maintenance on your website after it's completed - you should not attempt to change the website code yourself unless you have coordinated this with Aldebaran Web Design in advance. If you do change the code yourself, you do so at your own risk, and the files on Aldebaran Web Design's computers are immediately invalidated by your changes and will be discarded in order to avoid accidental overwriting. To avoid accidental overwriting, if you change your website files yourself, you should notify Aldebaran Web Design, or you should change your FTP permissions so that Aldebaran Web Design no longer has access to your files.
Since Aldebaran bills hourly for services, and the output of my work is immediately uploaded onto client's webservers, Aldebaran is not responsible for archiving or guaranteeing the availability of those files. Clients are responsible for keeping backup copies of their website files in the event of an emergency. While Aldebaran may keep backup copies of work for its convenience, Aldebaran does not guarantee to keep client files for any length of time.
Domain Registration and Domain Hosting
Selecting a domain registrar and domain host are the responsibility of the client. Aldebaran is happy to recommend companies who offer these services
(such as BlueHost) that Aldebaran has had good experiences with in the past. Paying for and renewing domain registrations and hosting are the responsibility of clients. This is gives clients complete control over their websites.
ECommerce, Online Stores, Shopping Carts
In addition to hourly design rate, clients are responsible for all peripheral costs related to setting up ecommerce on their websites, which include, but is not limited to, the following costs: ecommerce software (approx $150), after-market modifications to the ecommerce software ($25 - $100), SSL certificate ($50/yr - $300/yr), payment provider fees (gateway and merchant account setup fees and ongoing fees - these vary widely depending on who you choose as your payment provider).
Clients are also responsible for "running" their online stores, which includes, but is not limited to: configuring product categories, adding products (including images, titles, descriptions), selecting and configuring shipping options, managing store orders, etc.
Right To Decline Service: Screening Prospective Clients
Aldebaran strives for excellence and wants all clients to be delighted with their experience with Aldebaran Web Design. To this end, all prospective clients and their projects are screened to ensure a good fit with Aldebaran’s skills and philosophy. Aldebaran in its sole discretion reserves the right to decline providing web services to anyone who is not a good match. Aldebaran also strives to improve the quality of the internet - and to this end, only works on websites for individuals and small businesses that are of benefit to the greater internet community. Aldebaran will ask you questions about the nature of your business. If Aldebaran discovers something objectionable about a project after a deposit is accepted, the unused portion of the deposit will be returned and the project will be terminated.
Putting Link to Aldebaran Web Design in The Footer and Adding Your Site To Aldebaran's Portfolio
Aldebaran is proud of its work, and will typically add a link to its website in the footer of all client websites. For a blog integration, only the blog's pages will be labeled. Aldebaran may also use an image snapshot of your website with a short description and a link to your website on its portfolio page. If you, or another web developer you've hired, removes this link, you are required to notify Aldebaran Web Design and your website will be removed from Aldebaran's portfolio. Removal of this link also indicates that you no longer wish to have Aldebaran Web Design perform maintenance on your website in the future.
In order to get your website finished in a timely manner and effectively manage workload, it's important that you are able to respond to emails within a few days of receipt. If you’ve been emailed several times and haven't responded in 10 days, you may lose your position in the work queue. If you have not responded in 30 days, your project may be terminated. Please advise if you are going to be away for a span during the web development time so that schedules can be planned accordingly.
Aldebaran shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by a customer on your website designed by Aldebaran. You agree to take full responsibility for all taxes and fees of any nature associated with such products sold on your website.
Customer may only use Aldebaran services for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on your website.
Trademarks, Copyrights & Plagiarism
You warrant that you have the right to use the applicable trademarks on your website, if any. You also warrant that any images you provide to Aldebaran for use on your website are not owned, copyrighted or trademarked by anyone else, and that if they are, you have obtained appropriate permission. You also warrant that all text content you provide to Aldebaran for use on your website is original work.
You certify that you are at least 18 years of age.
All website design work is provided “as is” without warranty of any kind, either expressed or implied. Neither Aldebaran, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Aldebaran's service will be error free; nor do they make any warranty as to the results that may be obtained from having Aldebaran do website development or consulting work.
Search engines—such as Google—have their own proprietary algorithm for ranking websites for particular keywords, it is impossible for Aldebaran to guarantee any particular ranking for your website. It is likewise impossible for Aldebaran to guarantee that your Google AdWords campaign will create adequate and high quality traffic for your website. While Aldebaran strives to increase traffic to your website by following Google Quality Guidelines, there are many factors beyond Aldebaran’s control that impact your website's ranking and subsequent traffic. Therefore Aldebaran does not guarantee any particular search engine ranking or website traffic.
In no event shall Aldebaran be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability of clients to use their website.
You expressly agree that use of Aldebaran's services is at your sole risk and you will personally test and accept the results of the services promptly after the completion of the services by Aldebaran.
Under no circumstances, including negligence, shall Aldebaran be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use your website; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to your records, programs or services. You hereby acknowledge that this paragraph shall apply to all work done by Aldebaran.
Customer agrees that it shall defend, indemnify, save and hold Aldebaran harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Aldebaran, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless Aldebaran Web Design against Liabilities arising out of—
1. any injury to person or property caused by any products sold or otherwise distributed in connection with a website designed or maintained by Aldebaran;
2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement;
4. any defective product which Customer sold on using a website designed or maintained by Aldebaran Web Design;
5. any action taken by Customer as a result of consulting with Aldebaran.
In any such indemnification action, Aldebaran shall have the right to engage its own counsel.
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