user agreement

USER AGREEMENT

Between DMP Websites and You, and regarding your DMP Websites plan

SUMMARY

We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this agreement you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing to something that you might later regret. What we do want is what’s best for both parties, now and in the future. So in short; You are hiring DMP Websites to: Design, manage and promote a website. Of course it’s a little more complicated, but we’ll get to that.

WHAT DO BOTH PARTIES AGREE TO?

You: You have the authority to enter into this agreement on behalf of yourself, your company or your organisation. You’ll give us the assets and information we need to complete the project. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways.

VtW: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll aim to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

DESIGN: GENERAL

We create designs that adapt to the capabilities of many devices and screen sizes. We create them iteratively, please view our examples. We may use visuals to indicate a creative direction (color, texture and typography).

You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder, Github repository, or development site with you and we’ll have regular contact by either phone or email.

If at any stage you change your mind about what you want delivered or aren’t happy with the direction our work is taking, you may terminate this agreement only paying what’s been paid to date of notice. Conversely, if we fill we are not the best fit for your needs, we are free to terminate this agreement as well.

DESIGN: ASSETS

Text content: You are the expert in your industry and as such, can best relay proper verbiage and the message you want to deliver. We will proofread and have a copy editor review for spelling and grammar but do expect your involvement in text content creation.

Graphics and photographs: Any graphics or photos supplied should be in an high-resolution digital format that you have the legal right to use. We can provide both additional cost and no cost stock photos to supplement yours.

DESIGN: TESTING

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

We test our work in current versions of desktop browsers including Apple-Safari, Windows-Chrome, Windows-Edge, Windows-Firefox, Linux-Chrome, and Linux Firefox. Mobile browser testing for smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in iOS-Safari and Android-Chrome.

MANAGE: GENERAL

We don’t want to limit your ability to change your mind or adapt to your customers needs. There is no limit on the amount of in-design changes that can be made but complexity and volume can come into play with the time it takes to complete. We ask that you give us as much time as possible and we commit to doing everything possible to ensuring it is completed in a timely manner.

MANAGE: SEO

We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to, and optimized for, search engines. Websites do include the required design code for a search engine crawlers to know who you are, your keywords, and other information about your website. We will submit your website to Google, Bing and Yahoo to be indexed and monitor the results with Google Analytics. We will review those results and adjust accordingly at your plan frequency.

MANAGE: REPORTING

Reporting will be provided on data collected through Google Analytics. Not all data sets are available from all visitors so reporting content may vary. As well, certain laws regarding data collection (GDPR) may limit availability. Personal data like age and gender is provided in anonymous collection and dependent on traffic, low traffic website may not have the ability to acquire these specifics. Reporting will be provided at your plan intervals.

PROMOTION: GENERAL

Promotional tools allow you to engage your customers in a method that is convenient for them. We highly advise that you have multiple social media accounts and use them regularly. Your website will have anchor tags where appropriate so you can share specific part of your page and increase website traffic. Compatible third party code snippets can be added as well.

PROMOTION: EMAIL

We provide promotional email “boxes” for you to take advantage of. If you are using a mail service such as GoDaddy, Office 360 or other service that controls your email routing, this would be a replacement. For that reason, this service is optional, but included. Email is collected through a catch-all forwarded so any email address for your domain will forward to designated external mail account. As example; support@dmpwebsites.com, sales@dmpwebsites.com, anything@dmpwebsites.com all forward to my Gmail and from there I am able to see through which path I was contacted.

PROMOTION: NEWSLETTERS

We will provide two types of newsletters. First is a Welcome series; when someone signs up, they will receive an immediate welcome email and then up to two more at set intervals such as a few days later and/or week(s) later. The second included newsletter is the monthly one. We will design and send it at your request and with the content you provide. In plan newsletter list are capped at 2000 recipients but larger list are available for additional cost. If we discover recipients being added without their permission; your mailing privileges will be revoked. We have zero tolerance for Spammers, even if it cost us your business.

PROMOTION: SOCIAL MEDIA

We will post links to your newsletter or other chosen material to Facebook, Twitter, LikedIn, or Instagram at the frequency included with your plan. This can be a mix and match up to plan limits. Example: if your plan includes 4 post, you can do 4 a month to Facebook or, 2 on Facebook and 2 on Twitter, or 1 each to Facebook, Twitter, LikedIn, and Instagram

LIABILITY

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this agreement and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

INTELLECTUAL PROPERTY

You guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.

OWNERSHIP

Provided you’ve paid for the work and that this agreement hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

You own the visual elements that we create for you. We’ll give you files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete website and we provide its use to you, and in perpetuity for this project only, unless we agree otherwise.

DISPLAYING OUR WORK

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on our websites. We do add a ‘made-by’ at the bottom of your website for webmaster point of contact reasons. This is not required and can be removed but you agree to forward webmaster inquiries to us when received.

PAYMENT SCHEDULE

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule.

We issue invoices electronically on the day anniversary your website become publicly available. Launch days of the 29th will be assigned to the 28th cycle with 30th and 31st days being assigned to the 1st. Our payment terms are 20 days from the date of invoice by PayPal. All proposals are quoted in USD and payments will be made at the equivalent conversion rate at the date the transfer is made. You agree to pay all charges associated with international transfers of funds. 

At 30 days past due your website will cease to function and no email will be forwarded if you have a domain specific email account. At 90 days past due your files will be removed from the servers and you will be subject to a once per deletion recovery fee of $30.00 plus any past due amounts before reactivation of services. If your domain was purchased with our assistance, we will not renew it and you may not get it back. We reserve the right to charge interest on all overdue debts at the rate of up to 5% per month.

SMALL PRINT

Just like a parking ticket, neither of us can transfer this agreement to anyone else without the other’s permission. We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this agreement and not cause the other to breach any relevant laws or regulations. This agreement stays in place and need not be renewed. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this agreement is a legal document.

THE DOTTED LINE

Signed by you and on behalf of your company.

Signed by us and on behalf of DMP Websites.

Again, we have no desire to trick you into signing something that you might later regret or do not fully understand. Please return Home and contact us with any questions you may have before proceeding.

You will receive and electronic copy of this agreement at the email provided below. This email address will also be used as a point of contact for any updates.