Terms of Service

Terms and Conditions of Service

All Customers of LEXSITE are subject to these terms and conditions of service. These Terms and Conditions serve as a legal contract between You (the client) and LEXSITE and define the rights, duties, and obligations of both You (the client) and LEXSITE. You must agree to these Terms and Conditions of service before we will begin working on any website project.

Payment Obligations, Renewals, and Cancellations

  1. Website Development Payment Obligations: A down payment of 50% of the design fee is required in order to begin development of your website. The outstanding balance on your website is due after the design, navigation and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by the client. (This provision is in place to encourage the client to get content submitted promptly so that their site can go live, and ensures that LEXSITE gets paid for performing their duty under the proposal, despite tardy content from the client.) After payment, LEXSITE will still post outstanding content AT NO CHARGE for 3 months. After the three months have expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.
  2. Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. LEXSITE my elect at its sole discretion to offer a partial refund depending upon the circumstances.
  3. Stock Photography Payment Obligations: If stock photography is purchased on behalf of client for use in website development, we will solicit client approval and communicate the price before purchasing.
  4. Description of Ongoing Costs: There are 2 types of ongoing costs: domain registration and hosting.
    • Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain domain name (example: www.mywebsite.com) to use for your website. You are NOT required to register a domain through us, but we strongly PREFER that you do. Domain name registration fees are not refundable, but may be cancelled at any time.
    • Hosting: Hosting fees are setup to recur annually. You are NOT required to host through us, but we strongly PREFER that you do. If you want to host your site on another server this must be disclosed before we begin programming.
    • Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed each year at the same time and in the same ammount unless you give written notice to LEXSITE fifteen (15) days before the renewal date that you do not wish to renew the account. Hosting fees are non-refundable, but may be cancelled at any time.
    • Hosting Cancellation Payment Obligations: You may cancel at anytime, but all hosting fees are non-refundable. All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation.
    • Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider LEXSITE can, upon request, download your site onto a CD and mail it to you. The cost for this service is $100 per copy. FTP access to your site is not available for transfer purposes.
    • Sites NOT Hosted by LEXSITE: Should client decide to host their site on another server, LEXSITE cannot guarantee the all elements of the site will work. LEXSITE will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If LEXSITE believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. Fixing problems on a foreign hosting server is billable at our current regular hourly rate.
  5. Website Maintenance: There are no required maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We make certain parts of the site updatable by you with our custom Content Management System. For work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.
  6. Website Maintenance Payment Obligations: For any website maintenance or updates, the client will be sent an invoice after the changes are completed, and the invoice is due upon reciept. If payment is not received within 30 days, an additional late fee of $25 will be added to the invoice.

Development Process

  1. Homepage Design – Once the site design is approved by the client, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.
  2. Navigation – Once the site map is approved by the client, the site navigation is ready for implementation and becomes the site page structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.
  3. Content – Provision of content is customer’s responsibility, unless specifically negotiated ahead of time as part of the project proposal.
    • Text content – Copy for all website pages and links need to be delivered digitally and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.
    • Copy development – Should the client wish LEXSITE to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via LEXSITE Web Development interviewing the client about the topic areas to be addressed on their web pages. LEXSITE then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.
    • Graphical content – Images for the website must be provided in digital format.
  4. Database Implementation – Entry of data for database applications is considered client’s responsibility. Entry of data by LEXSITE is billable at our regular hourly rate.
  5. Email – We offer free domain-based email accounts to our clients as part of any hosting contract. If site is not hosted by LEXSITE, we take no responsibility for setting up and troubleshooting email problems.
  6. Training – We provide one hour of free training on how to use the administrative control panel in the content management system.
  7. Technical Support - We offer free local phone and email support to our clients.

Training and Tutorials

Because customer service is in integral part of our business strategy, all of our projects include a one-time complimentary training session in order for our clients to better make use of their new web technology. Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.

Domain Transfers and DNS Management

For domains not originally registered with LEXSITE, there will be a $25 fee to either transfer to the domain into our registration platform, or to transfer-out to another registrar. If your domain is not registered with LEXSITE, DNS management and troubleshooting tasks are billable at our hourly rate.

Proprietary Source Code

LEXSITE uses custom code for our website application and Content Management System (CMS), this code is not transferable to a new developer or host. Custom written source code is considered the property of LEXSITE Web Development and cannot be shared with other developers. Clients are granted a license to use custom software code while on LEXSITE servers only. LEXSITE Web Development retains ownership of the code.

In some cases, LEXSITE will install software for the client’s use that has been built by a third party. Examples include WordPress blog software, FCK editor software, shopping carts, photo galleries, etc. In these instances, clients will be subject to the terms and conditions of the third party who owns the software, and may use the software as a licensee only. No ownership rights of any kind are transferred to the client.

Access to or transfer of proprietary source code could result in a security risk to LEXSITE and its clients who are running similar pieces of code. Should client want us to build software to run on another server, it must be disclosed upfront and specifically contracted for.

Website components that ARE transferable to another host include html code, graphics, logos, pictures, navigation, text, and the data residing within a database (but not the code). Hourly fees will apply for any special work that needs to be done to transfer those parts of website that do not violate the other paragraphs in this section.

Non-Domain-Based Troubleshooting

LEXSITE Web Development maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites that are hosted with us. We do NOT offer support for email accounts that are not hosted with us, and we offer limited support for websites that are not hosted with us. Any support for non-hosted websites are billable at our regular hourly rate.

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