Following receipt of all amounts due NWTD, the Client’s web site is uploaded live to the internet. Initial setup fees and payment for the term of service – including domain registration and hosting services – must be made in advance of the creation of the hosting account. Setup fees are non-refundable. See Client Payment Schedule for scheduling and additional information.
Monthly Processing Schedule:
NWTD’s billing cycle is on the 1st of every month, whether monthly, quarterly or annual billing is requested. If the Client is on a payment plan for web site development, the Client billing cycle will be as outlined in the Client Payment Schedule. Payment is due upon posting of invoice. Accounts that are behind, thirty days, will be charged a $10 late fee and 10% based on the Total of amounts due. Until the entire costs for Design have been paid, NWTD still owns the Design and all contents thereof. After forty-five days of non-payment, NWTD reserves right to shutdown all services and repossess any works, credits, domains, or other materials. NWTD reserves the right to use or sell these items to credit the account. Values will be determined by NWTD. The Client will be responsible for any fees or costs associated with the collection of any past due accounts. The Client will be subject to any fees associated with reactivating the account. Account reactivation is billed hourly, with a minimum of one-hour.
Statement and Invoices Delivery Method:
Invoices will be posted to the Client’s account in the NWTD billing system. All invoices and statements will carbon copied via e-mail to the Client’s primary e-mail address. This allows NWTD to conserve paper and offer instant, more efficient lower-cost invoicing. Clients that wish for a hard copy of an invoice or other delivery methods will be incur a monthly service fee. Client is responsible for remittance of service fees regardless of errors in transport with standard or electronically delivered invoices. NWTD expects the Client to be aware of the terms of service and to pay when due, even in the event of a lost or otherwise unreceived invoice.
Hosting is due by the first of the month after receipt of the invoice. Failure to pay in a timely manner will cause a forfeiture of any discounts. After thirty days delinquency on an account, NWTD reserves the right to de-activate the site. The Client will be subject to any fees associated with reactivating the account. Account reactivation is billed hourly, with a minimum of one-hour.
Updates and Changes to Web Site:
All updates and changes will be paid upon receipt of the invoice. All updates, changes and maintenance are billed at our hourly rate; our current hourly rate is $80 and billed by the quarter hour. Accounts that are behind, thirty days, will be charged a $10 late fee and 10% based on the Total of amounts due. After thirty days delinquency, the web site may be deactivated. The Client will be subject to any fees associated with reactivating the account. Account reactivation is billed hourly, with a minimum of one-hour.
Forms of Payment:
Payments will be made via the Client’s portal in the NWTD billing system. Checks are to be made payable to — Northwest Tech & Design.
Checks are to be mailed to:
Northwest Tech & Design
1400 W. Washington St.
Ste. 104 #364
Sequim, WA 98382
The Client will be subject to any fees associated with reactivating the account. Account reactivation is billed hourly, with a minimum of one-hour.
Bad Check Policy:
Checks and other forms of payment that are returned NSF will be subject to a $50 fee on top of any other applicable fees charged by NWTD’s or the Client’s financial institution. The Client is responsible for all fees associated with collection of the amounts due.
Billing Discrepancies Policy:
Any discrepancies with the billing must be presented in writing within ten days of the date of invoice. Such notification shall NOT relieve the obligation to make all payments including the amounts disputed by the due date.
Although NWTD would like the Client to remain a Client forever, NWTD realizes there are situations where the Client may want to cancel service(s). All cancellation requests must be submitted in writing. Cancellation requests MUST be received prior to the beginning of the next billing cycle in order to avoid additional charges to the Client account. NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION OF SERVICE! Clients are responsible for full payment on all accounts whether or not the account is ever utilized until such time as the account is canceled by appropriate notice.
Billing Discrepancies and Cancellation notices should be mailed to:
Northwest Tech & Design
1400 W. Washington St.
Ste. 104 #364
Sequim, WA 98382
Standard support is available from 7:00am until 6:00pm PST. All requests submitted by email or phone can expect a response within 24 hours. Return phone calls will be scheduled at the convenience of NWTD and our client.
Support as defined above, with the expectation that emails and phone messages are responded to within 6 hours. Return phone calls will be scheduled at the convenience of NWTD and our client.
Support as defined above, with the expectation to reach a NWTD staff member directly during support hours and emails responded to within 3 hours.
The Fine Print
NWTD uses industry standard tools and plugins to generate: search engine-optimized titles and Meta tags for every page of a web site. However, NWTD cannot guarantee the placement of the Client’s site in the search engines. Promotion of the Client’s web site through marketing and search engines is billed in addition to web site design costs.
For clients on NWTD’s managed WordPress hosting, theme customization is limited to NWTD. Outside customizations and FTP access to the theme are not permitted. If you must cancel hosting due to these restrictions, you must submit your request in writing within 30 days of payment to receive a full refund. If cancellation is requested after 30 days, all hosting costs are forfeited. If the client requests to move to NWTD’s stand-alone hosting based on these restrictions, all prior hosting fees are applied to stand-alone hosting costs and all access to NWTD paid plugins will be removed.
All materials, logos, photos and other content (“Project Deliverables”) supplied by the Client in current and new web sites must have the approval of the originating writer, artist, or photographer. In addition, the Client agrees to indemnify and hold harmless NWTD, its officers, directors, shareholders, employees, agents, Agreementors, representatives and affiliates from any or all liabilities, losses, costs, damages and legal expenses, including attorneys’ fees resulting from legal actions or disputes arising out of any and all use of the Project Deliverables.
The Client will retain ownership of all of the Client’s intellectual property, including images, photos, text and other aspects provided to NWTD for the development of their web site. The Client further shall hold the copyright of the completed, agreed upon version of the Client’s web site as and when delivered to the Client. The copyright notice shall be displayed on the completed web site once all amounts due to NWTD have been paid in full.
The Client further agrees to keep NWTD logos and trademarks on the web site as the developer at all times, even if moved to a different hosting company. Upon development of a new web site or changes by another development company, all maps, photos, and graphics that are property of NWTD must be removed.
NWTD supplied photos, maps, audio components, digital components and intellectual property specific to NWTD shall remain the property of NWTD.
The Client grants NWTD all rights to use the Client’s web site for promotional purposes, and /or to cross link it to other web sites that have been developed by NWTD.
Any Client information about market trends, new products or anything of a confidential nature shall be kept in the utmost confidence by NWTD.
Interruption of Service:
While NWTD endeavors to have the web site available for HTTP access by third parties 99.9% of the time, NWTD makes no guarantees and does not warrant that the service will be uninterrupted or error-free. NWTD cannot be responsible for any losses or damages caused by circumstances beyond NWTD’s reasonable control, including and without limitation, acts of any governmental body, interruption of or delay in telecommunications or third party services, failure of third party software or hardware, or power failures.
In order to provide special functionality, NWTD may at times use programming for the Client site that is proprietary. This programming may have been in existence prior to this engagement and is owned solely by NWTD. Software development is not within the scope of the Client engagement , or this Agreement, and such programming will not be owned by the Client, nor will the Client have the right to review it or use it on a server other than one under the control of NWTD. NWTD may, at NWTD’s discretion exclude those portions of code from transmittal to other developers.
Software supplied by NWTD as a part of this engagement is as a convenience only. All software supplied will be billed at cost plus applicable sales tax. The liability of NWTD for damages with respect to the services provided shall in no event exceed the charges.
Acceptable Use Policy:
System abuse is strictly prohibited. NWTD may deactivate or modify service immediately and may bill for any resulting support charges if the Client engages in system abuse. This list is non-exclusive, nor comprehensive; any action about which there is any doubt should be referred to NWTD for evaluation. Actions which constitute system abuse include, but are not limited to:
- Attempting to circumvent user authentication or security of any host, network or account on NWTD systems or the internet at large (“cracking”)
- Attempting, in any way, to interfere with or deny service to any user or host on the Internet.
- Forging e-mail or USENET posting header information.
- Sending large numbers of unsolicited mail messages (i.e. “junk mail,” “spamming”); this includes adding or attempting to add addresses to any mailing list without explicit positive consent of the addressee(s).
- Forwarding or posting “chain letters” (multiple forwarding) of any type.
- Posting inappropriate messages to USENET newsgroups, e.g., posting large numbers of unsolicited posts indiscriminately (“spamming”), or posting encoded binary files to USENET newsgroups not specifically named for that purpose.
- Attempting to cancel, supersede or otherwise interfere with e-mail or USENET posts other than the Client’s own.
- Engaging in harassment, whether through language, frequency or size of messages.
- Using an account at another provider to promote an NWTD web site in an abusive manner.
- Using an NWTD account or network connection to collect replies to messages sent from another provider which violate these rules or those of that provider.
- Reselling NWTD services to third parties.
We reserve the right to deactivate accounts for not using an account in accordance with NWTD terms and conditions, billing policies or NWTD Acceptable Use Policy. Clients that abuse NWTD Acceptable Use Policy regarding SPAM/UN-solicited commercial email will be charged a $300 network administrative fee and the Client’s web site will be deactivated immediately. The Client will be responsible for any other expenses that may arise due to a violation of the Acceptable Use Policy.
The NWTD computer network is the property of NWTD. NWTD reserves the right to monitor use of this network to ensure network security and to respond to specific allegations of misuse. Use of NWTD’s network shall constitute consent to monitoring for such purposes. In addition, NWTD reserves the right to consent to a valid law enforcement request to search the NWTD network for evidence of a crime stored within the NWTD network.
Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed upon Arbitrator suitor pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of NWTD.
We are committed to protecting the Client’s privacy. NWTD will only use the information that NWTD collects about the Client lawfully. NWTD will never collect sensitive information about the Client without the Client’s explicit consent. NWTD has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information NWTD collects online. These procedures are to prevent unauthorized access, maintain data accuracy and ensure the correct use of information.
While NWTD makes every effort to ensure the integrity and security of the NWTD network and systems, NWTD cannot guarantee that NWTD security measures will prevent malicious third-parties from illegally obtaining this information. NWTD may need to disclose personal information when required by law wherein NWTD has a good-faith belief that such action is necessary to comply with a current judicial proceeding and/or a court order of legal process served on an NWTD web site.
Responses to E-mail Inquiries:
When the Client sends e-mail inquiries to NWTD, NWTD may keep a record of that correspondence. NWTD does not use return e-mail addresses for any other purpose except to respond to e-mail inquiries. NWTD does not share return e-mail addresses or other Client contact information with any third party, except where prescribed by law.
The Terms & Conditions and proposals constitute the entire agreement between NWTD and the Client regarding web site design, hosting, development and marketing services. The Agreement becomes effective once signed or understanding and approval has been given by electronic means. It is the spirit of this agreement that this will be a beneficial arrangement, for the Client and NWTD.
Both parties warrant that they have read and understand the terms set forth in this agreement. NWTD, LLC is a Washington State corporation and as such, this agreement shall be governed and construed in accordance with the laws of the State of Washington.
NWTD reserves the right to modify, in whole or in part, certain terms of this Agreement. While every attempt will be made to inform the Client of these changes, it is not required. The Client has the right, at any time, to request any and all documentation as it may pertain to this Agreement.