TERMS AND
CONDITIONS
FOR
WEBSITE DESIGN CLIENTS
Created:
12/3/2017
Revised:
1/1/2026
The Terms
and Conditions set forth herein are included and made part of the Agreement for
web design and/or Social Media Management ("Agreement") between Big W
Marketing and Publishing and the Client:
The Terms
and Conditions set forth herein, are legally binding, and shall apply to each
and every written Agreement with Designer, for website design, social media
management or other service ("Deliverables"). Should the terms of a written Agreement,
provided by Designer, conflict
with the
terms stated herein, the terms of the
written agreement shall prevail, so long as the written Agreement has been
accepted by Client prior to its expiration.
E-COMMERCE
Unless
expressly included in the written agreement, no e-commerce functions shall be
provided, other than a link to Client's e-commerce store.
VIDEOS
Videos
embedded in website shall be owned by the Client and housed on
"Youtube" or other platform that provides similar embeddable code
snippets.
Copyright
Usage:
The rights
granted to Client are for the usage of the Final Design unlimited duration,
worldwide.
Payments:
Client
agrees to pay Designer the fees listed in a written Agreement. Setup Fee indicated on written Agreement for
website design, is due on demand, prior to commencement of design and is
NON-REFUNDABLE. The initial 12 month
period begins on the day the website is published. Monthly
Payments are
due on the 1st day of each calendar month for the total of 12 month initial
term, or as otherwise provided for in the written Agreement. If the monthly payment is more than 15 days
late, the website may be suspended and reinstated only after bringing account
current. If the monthly payment is more than 60 days
late, the website will be permanently suspended and a new setup fee will be
required in order to re-publish the website.
The reinstatement fees can be negotiated, but proof of the negotiation,
in the form of an email from an authorized representative of the Designer, is
required for Client to prove the terms of any negotiation.
Payment and
terms for logo design will be determined by the language contained in a written
Agreement.
Term of
Agreement:
Written
Agreements for website design are for a minimum of 12 months. After the initial
12 month period, Client may choose to terminate the Agreement. Upon payment by Client and acceptance of
payment by Designer, for the month following the initial or subsequent 12 month
periods, the Agreement shall automatically extend for an additional 12 month
period during which
regular
monthly payments are due each month (except for Agreements paying annually, while
all other terms and conditions remain the same.
The automatic renewals for 12
month
periods shall continue in perpetuity, unless and until either party notifies
the other party of the desire to terminate the Agreement, 30 days prior to the end of the initial 12
month period
or current renewal 12 month period.
Designer may terminate the Agreement, without notice, upon discovery that the Client
is using the website to or in conjunction with any other device or scheme to
violate any statute, law, ordinance or rule of any jurisdiction.
Website
Content:
Client shall
use all reasonable efforts to provide needed information, materials and
approvals in a timely manner.
Accreditation
and Promotion:
Designer
shall be entitled to place accreditation, as a hyperlink, in the form, size and
location as incorporated by Designer in the Deliverables on each page of the
Final Deliverables. Designer retains the right to reproduce, publish and
display the Deliverables in Designer’s portfolios and websites, in galleries,
design periodicals and other media or
exhibits for
the purposes of recognition of creative excellence or professional advancement,
and to be credited with authorship of the Deliverables in connection with
such uses.
CONFIDENTIAL
INFORMATION:
All material
considered confidential by either party shall be designated as confidential.
Confidential Information shall not be disclosed to third parties and shall only
used as
needed to
perform this Agreement. Confidential Information shall not include any
information that is already known by the recipient, becomes publicly known
through no fault of the recipient, or is received from a third party without a
restriction on disclosure.
RELATIONSHIP
OF THE PARTIES:
Designer is
an independent contractor. Designer shall determine, in its sole discretion,
the
manner and
means by which the Services are accomplished. No agency, partnership, joint
venture, or
employee-employer relationship is intended or created by this Agreement.
Neither party is authorized to act as agent or bind the other party except as
expressly stated
in this
Agreement. Designer and the work product or Deliverables prepared by Designer
shall not be deemed a work for hire as defined under Copyright Law. All rights
granted to Client are contractual in nature and are expressly defined by this
Agreement.
COPYRIGHTED
MATERIALS
REPRESENTATIONS
AND WARRANTIES:
Client
represents and warrants to Designer that to the best of Client’s knowledge, use
of the Client Content does not infringe the rights of any third party. Designer
represents and
warranty to
Client that to the best of Designer’s knowledge, the Deliverables will not
violate the rights of any third parties.
INDEMNIFICATION
AND LIABILITY:
· Client shall indemnify Designer from
any and all damages, liabilities, costs, losses, expenses or attorney fees
arising out of any claim, demand, or action by a third party due to materials
included in Deliverables at the request of the Client or as a result of efforts
to make Client’s website more accessible and more ADA compliant.
· Circumstances Beyond Control (Force
Majeure)The Designer
shall not be liable for any delay, failure in performance, or interruption of
service resulting directly or indirectly from acts, events, or circumstances
beyond their reasonable control. This includes, but is not limited to: acts of
God, fire, flood, strike, war, cyberattacks, third-party hosting failures,
platform outages (such as WordPress, Shopify, or Webflow), loss of electricity
or internet service, illness, or delays caused entirely by the Client's failure
to provide necessary assets, feedback, or approvals. In such events, the
timeline for project completion shall be extended by a period equal to the duration
of the delay.
· The Client agrees to indemnify and
hold the Designer harmless against any and all claims, costs, and expenses,
including attorney's fees, due to materials included in the Work at the request
of the Client for which no copyright permission or privacy release was
requested, or for which uses exceed the uses allowed pursuant to a permission
or release.
• The
Client agrees to indemnify and hold the Designer harmless against any and all
claims, costs, and expenses, including attorney's fees, due to errors and
omissions made in good faith and not the result of gross negligence.
Under no
circumstances shall the liability of Designer to Client or third party, be more than the amount paid for the initial
design set up.
LICENSE:
Designer
grants to Client an exclusive, perpetual and worldwide license to use and
display
the Final
Deliverables in accordance with this Agreement.
MISCELLANEOUS:
A waiver of
a breach of any of the provisions of this Agreement shall not be construed as a
continuing waiver of other breaches of the same or other provisions. All notices under this Agreement shall be
given in writing by email. Notice will be effective when received. Rights or obligations under this Agreement
shall not be transferred, assigned or encumbered by Client without the prior
written consent of Big W. This Agreement shall be governed by the laws of the
State of Florida and any legal action shall take place in the Courts of Volusia
County, which shall have exclusive jurisdiction and venue. If any provision of this Agreement is held
invalid or unenforceable, the remainder of this Agreement shall remain in full
force and effect. Where possible the invalid or unenforceable provision shall
be interpreted in such manner as to be effective and valid
under
applicable law. Headings and numbering used in this Agreement are for
convenience and reference only and shall not affect the scope, meaning, intent
or interpretation of this
Agreement,
and shall not have any legal effect.
ADA
COMPLIANCE INFORMATION AND TERMS:
AI Overview from
https://www.google.com/search?q=100%25+ADA+COMPLIANCE&sca_esv=3
7da6120ca4cbbd6&rlz=1C1VDKB_enUS1105US1105&sxsrf=AE3TifNL3K0Afrl
FhsVtV4BcH1eHPQpIaA%3A1767302607730&ei=z
VWacSgLN2SwbkP3YjD2Ac&ved=0ahUKEwiExJOho
uRAxVdSTABHV3EEHsQ4dUDCBM&uact=5&oq=100%25+ADA+COMPLIANC
E&gs_lp=Egxnd3Mtd2l6LXNlcnAiEzEwMCUgQURBIENPTVBMSUFOQ0UyChA
AGLADGNYEGEcyChAAGLADGNYEGEcyChAAGLADGNYEGEcyChAAGLADGN
YEGEcyChAAGLADGNYEGEcyChAAGLADGNYEGEcyChAAGLADGNYEGEcyC
hAAGLADGNYEGEdIpBBQAFgAcAF4AZABAJgBAKABAKoBALgBA8gBAJgCAaA
CBJgDAIgGAZAGCJIHATGgBwCyBwC4BwDCBwMyLTHIBwOACAA&sclient=gw
s-wiz-serp
100% ADA
compliance for digital platforms, especially websites, means striving for full
accessibility for people with disabilities by following Web Content
Accessibility Guidelines (WCAG) 2.1 Level AA, providing features like
alt text,
keyboard navigation, and clear contrast, ***but true "100%"
perfection isn't realistic due to evolving tech; instead, businesses aim for
robust, ongoing efforts to remove barriers and ensure equal access, often using
a combination of automated tools and manual audits to meet legal requirements
and avoid lawsuits.
Key
Principles (WCAG):
Perceivable:
Information must be presentable in ways users can perceive
(e.g., alt
text for images, captions for videos).
Operable:
Users must be able to operate the interface (e.g., full keyboard navigation, no
flashing content).
Understandable:
Information and operations must be clear and predictable (e.g., readable text,
clear error messages).
Robust:
Content must be reliable enough for various user agents, including assistive
technologies.
How to
Achieve Compliance:
Follow WCAG
2.1 AA: This is the widely accepted standard for digital accessibility under
the ADA.
Implement
Key Features: Add alt text, ensure color contrast, enable keyboard navigation,
provide transcripts/captions.
Publish an
Accessibility Statement: Show your commitment and outline your efforts.
Maintain
& Monitor: Accessibility is an ongoing process, not a one-time fix.
Why
"100%" is a Goal, Not a Destination:
No website
can be perfectly accessible to every single user or assistive technology, as
technology constantly changes.
Focus on
removing significant barriers for real users and demonstrating reasonable
effort to avoid legal issues and serve a wider audience.
Legal
Context:
The ADA
requires equal access, and lawsuits are rising.
Meeting WCAG
2.1 AA standards is crucial for defense in these lawsuits.
TERMS OF
BIG W’s involvement in ADA.
• BIG W IS
NOT contractually nor legally obligated to provide ADA compliance for their
clients’ websites. The obligation of ADA compliance rests solely with the
Client. These terms do not create an obligation.
• At its
sole discretion, BIG W may decide to make efforts to bring the Client’s website
into compliance at no additional cost to the client. If BIG W advises the
client of such a decision. BIG W makes no representation as to the quality and
completeness of its efforts, nor the timeframe for their implementation, Given
that as far as ADA compliance is concerned, “100%" perfection isn't
realistic”. (See Above***).
The ADA
efforts of Big W on behalf of the client is provided at no additional charge
and is AS-IS with no guarantees or warranties.
o Client
may “OPT OUT” of Big W’s Efforts on their behalf at any time. By Failure to OPT
OUT, Client agrees to these Terms of BIG W’s involvement in ADA. By not
opting out, client agrees to hold harmless and indemnify Big W for the results
of those efforts.
o Client is
free to purchase ADA compliance services
from a third party, but should check with BIG W to ensure that those services
can be implemented on the website and server provided by BIG W.
o By
offering efforts to bring the Client’s website into compliance with ADA, Big W
is not creating liability of Big W to the Client, nor any third party.
TERMS OF
BIG W’s involvement in Clients’ PRIVACY / COOKIES POLICY and TERMS OF USE and
compliance related thereto.
BIG W IS NOT
contractually nor legally obligated to provide Privacy/Cookie Policies for
their clients’ websites. Given the different industries and natures of clients’
businesses that obligation rests solely with the Client. These terms do not
create an obligation.
At its sole
discretion, BIG W may decide to make efforts to bring the Client’s website into
compliance regarding PRIVACY/COOKIE POLICY/ TERMS OF USE, at no additional cost to the client These efforts of Big W on behalf of
the client is provided at no additional charge and are AS-IS with no guarantees
or warranties. BIG W
makes no representation as to the quality and completeness of its efforts, nor
the timeframe for their implementation.
Furthermore:
· Client may provide a Privacy/Cookie
policy/ TERMS OF USE to Big W to be placed on Client’s website by Big W.
· Client may “OPT OUT” of Big W’s Efforts on their behalf at any time.
By Failure to OPT OUT, Client agrees to these Terms of BIG W’s involvement in the
PRIVACY/COOKIES POLICY/ TERMS
OF USE.