Aldebaran Web Design LLC Terms of Service and Policies

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 Web Design LLC (“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

Consultation 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 and reviewing website files or code.

Compensation

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

Aldebaran staff work from home offices in Seattle, WA, and therefore do not have a setting in which it's convenient and productive to meet face to face with clients. All communication with clients is typically done via phone, email, or online chat.

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 for 5 hours of work ($400) is required. $160 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.

Payment Terms

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.

If a client's turn comes up twice in the queue and they are still not ready to start the design phase, they may be removed from the queue, at Aldebaran’s discretion. Any unused portion of the initial payment will be refunded, less the set-up fee.

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. It's important to follow the web design process outlined here and be prepared to start on time. Please see above for consequences of delaying your start date.

New Website Design vs. Maintenance

When working on a new website design or redesign, clients are billed hourly ($80 per hour). Once a new website design or redesign is completed, any further work is considered maintenance. Maintenance work is billed at the same rate as design work, but has a 30 minute minimum charge per request. Multiple requests received the same day are considered the same 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.

File Backup:

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 DreamHost) 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.

Communication Lags

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 14 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.

Taxes

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.

Lawful Purpose

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.

Age

You certify that you are at least 18 years of age.

Warranty

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 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.

Limited Liability

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.

Indemnification:

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.

Normal Business Hours

I normally work Mon - Thurs, 12pm - 5pm, Pacific Standard Time.

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