Terms & Conditions

Effective Date: 4-20-2021

Web Design Content Submission

Content will be submitted electronically via email to info@nfawebdesign.com. Content includes the unique text, pictures, and other mediums that describe your website. Written content must be in text editor form (Word, NotePad, Wordpad accepted). Pictures must be in approved (jpeg, gif, png, psd) file format attached to email.

Website design cannot begin until Not Fade Away has your content on hand. Please understand that content must come from YOU the customer unless you have decided to use Not Fade Away as you content creators.

Not Fade Away Web Content Service

Not Fade Away provides proofreading and content creation services for our customers. In order for the content we create to be of the highest quality, we require a minimum of a simple phone consultation so that we can learn more about your business. Further, our content writing services and proofreading are charged on a per page basis. Per page is defined as up to 350 words of written content.

Domain Registration

As part of any web build package (Budget, Small Business, or Business Elite), Not Fade Away will assist with the registering of your domain name with the Internet Corporation for Assigned Names and Numbers (ICANN) through one of our third party vendors. Domain Registration Renewal will be due to Not Fade Away at the end of the registration period if you choose to continue to use Not Fade Away’s services.

Website Ownership

Once your website is built by Not Fade Away, and you have paid in total for the services provided, you ,the customer, will retain ownership of the website. By this, you can request the source code of the website and Not Fade Away will send you an electronic record of the source code. From there you can choose to maintain your website and hosting of the website with Not Fade Away, or you can take your website code to a new provider for maintenance and hosting. The choice is yours.

Project Deposits

Not Fade Away Web Design works with clients in the deposit capacity. We require non-refundable deposit payments of agreed percentage of overall project build proposals in advance of any work initiation. Further payment scheduling during project will be clearly outlined in all build proposals. Payments are expected promptly.

Web Design Project Initiation

At Not Fade Away we recognize your desire to have your website started in a timely manner. Our terms dictate that your web build will begin once you as the customer have electronically submit both the initial deposit of packaged website plans (total payment for A la Carte Options) and the content that your website will use (including pictures and text about your business). Once Not Fade Away has received these submissions from you, the process of site mock-up will begin.

Phone Consultations

Not Fade Away wants to know about your business before building you a site. We offer FREE 15 minute phone consultations both before you make your deposit and after your deposit is made. This way, we can interpret what type of web build will benefit you the most. Please note that we do not provide free, on-going consulting for your business. On-going consulting a is paid service that we would be happy to provide at your request. Call Us Today!

Payments

Not Fade Away strives to make building a website a breeze for any web build customer. In order to facilitate the best service we require customers pay non-refundable deposits for web build or SEO package costs upon initiation of the build, with the remaining balance due within three business days from delivery of web site. For all A La Carte services (including graphic design, web design, SEO, etc) payment will be made to NFA at project initiation. Call Not Fade Away Web Design for questions about your web presence situation or any additional information.

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Choosing your Design

After you choose your web build package, make a deposit and send us your content (or hire us to produce your content), Not Fade Away will contact you via email with a selection of draft designs for your website. Once you choose your initial layout, Not Fade Away will begin your build according to your content, our conversations and understanding of your business. Approval of your mock-up defines the website that will be built for and delivered to you. Any changes after the three hour grace period upon submission of your site will result in additional work which could be billed on an hourly basis.

Proposal Mock-up Samples

Any samples sent to clients as part of, or in addendum to a proposal are the full intellectual property of Not Fade Away Web Design and its respective Owners. Any use of these samples without the consent of Not Fade Away Web Design will be in violation of Not Fade Away Web Design Terms.

Web Build and Revisions to the Website

Before any work is implemented on your site, Not Fade Away will present you with mock-ups of possible site layouts and displays. At this time you will make the choice for your overall website look. After you choose your design, Not Fade Away will create your website. At the end of the build, Not Fade Away will contact you with your web build upon which time you can view your site, take note of any requested changes in content, images, or structure of the site and contact us with your possible revisions. With any packaged web build Not Fade Away provides three hours of free revision to get your site right for you. After the three hours of free revision time, changes to your site will fall under site maintenance and will be charged at normal hourly rates.

Cross Browser Functionality

Not Fade Away Web Design prides ourselves on full customization in web development. As such, we strive to develop sites that are efficient across a wide smattering of current browsers. However, certain custom coding projects can encounter challenges on old versions of internet browsers, especially older versions of Internet Explorer. Our terms commit to the development of your website across current browsers.Contact us today with any questions.

Website Hosting Services

Not Fade Away is happy to provide our clients with top of the line hosting solutions for your website, or you are free to pursue hosting with any third party vendor of your choosing. If you choose to host with Not Fade Away, you will be responsible for timely payments of the renewal of your hosting accounts within 3 business days of submission of a hosting renewal invoice. If we do not receive the timely payment of your hosting invoice, your websites will be suspended until payment is provided to satisfy the new hosting term at the monthly rate agreed upon for the unique hosting objectives and needs of your specific website.

Hosting Reliability

Not Fade Away utilizes the use of Third Party Vendors for website Domain Registration, Hosting and other services. By agreeing to our terms and services you verify agreement in understanding that any hosting downtime of your website is the result of possible third party vendor delays. If you have more questions on this topic, do not hesitate to Contact us today and we will walk you through our process.

Security Protocols

Not Fade Away shall, at its sole discretion, remove or suspend any client website from its company website servers upon discovery or evidence of any unauthorized access including, but not limited to, hacking, third-party malfeasence, or any other nefarious interference of any website files on the company server without prior notice.

Third Party Vendors

Not Fade Away utilizes the use of Third Party Vendors for website Domain Registration, Hosting and other services. By agreeing to our terms and services you verify agreement to our third party vendors’ terms of service. This includes the understanding that your public information of your company website that you submit to Not Fade Away will be publicly accessible in the “Who-is” database of website registration. If you have more questions on this topic, do not hesitate to Contact us today and we will walk you through our process.

Refusal of Service Condition

Not Fade Away reserves the right to refuse service to any customer for any reason at any time.

Copyright

Not Fade Away will not be held liable for any misrepresentations of your content as any type of copyright infringement. We refuse to use content that we know is in direct violation with known copyright standards. Each client unconditionally warrants that all content (any elements of text, graphics, photos, designs, trademarks or other artwork) furnished to NFA for inclusion in projects are owned by the client, or that the proper permission from the owner of content has been given for use on web. Client affirms to hold harmless, protect, indemnify and defend Not Fade Away from any liability (including court costs and attorney fees) including any claim or suit, threatened or actual, arising from the use of such content elements delivered by Client.

Legality

Not Fade Away will not be held liable for any misrepresentations of your content as being wholly legal for web use. We refuse to use content that we know is in direct violation with known legality issues.

Customizations after Web Delivery

Not Fade Away is thrilled to assist all of our valued clientele with services custom tailored to fit with the changing demands of a growing business. Once a web-build is complete, we offer a number of free hours of editing with every web build. After a maximum of 3 hours of free edits, clients will be responsible for additional billing at Not Fade Away’s normal hourly rate. Please review the specific proposal submit to you by one of our representatives for more information about exactly what you can expect to receive in your web build, SEO or Marketing proposal. Please be advised that services requested by client above and beyond those outlined in your proposal will be incurred at normal hourly rates.

Timely Payments

With respect to any services provided by Not Fade Away, the client agrees to submit timely payments in-line with proposals and work completion. All clients agree to settle outstanding accounting in full within a maximum of 15 days from completion of requested services and submission of project invoicing.

Refunds

Client affirms and understands that Not Fade Away makes no expressed or limited warranties in terms of refunds on hourly billed services. Client Agrees that hourly services are rendered at the behest of client need for various company services.

Liability

Each client expressly and unconditionally Agrees that NFA services incited by client are done so at the client risk. Not Fade Away and its employees, third party agents, and other associated parties do not warrant that services will be error free; nor do we warrant any potential, expected or possible results that a project may or may not experience due to the work performed by Not Fade Away. Our projects affirm that all risk associated with the success or failure of company projects lies solely with client. Each client and project agrees to hold Not Fade Away completely harmless for any possible losses of company files, suffered at the hands of third party entities involved in the company projects. Further, each client agrees to hold NFA completely harmless with respect to any possible errors initiated, encountered or created at the request of Client.

Indemnification

Each client Agrees that it shall defend, save, indemnify and hold harmless Not Fade Away from any and all 3rd party demands including, but not limited to any demands, costs, liabilities, associated attorneys and court fees and otherwise asserted against Not Fade Away as a result of client requested services. This includes any copyright action, personal injury from the result of products or services or any other liabilities associated with online services and associated marketing.

Financial Considerations:

1. Client Agrees to pay the agreed hourly rate for all work, including, but not limited to, various marketing, web design and/or graphic design services performed during the normal working hours of 9 am – 5 pm on business days (Monday-Friday, not including public holidays). Hours will be billed in 15 minute increments with a minimum charge on any service of 15 minutes of billed time.
2. In the event of Expedited or Emergency services provided by NFA, or work performed on weekend days or holidays, Client Agrees to pay the agreed expedited rate per hour for all work performed, including, but not limited to, various marketing, web design and/or graphic design services. Hours will be billed in 15 minute increments with a minimum charge on any service of 1 hour of billed time.
3. Client Agrees to promptly submit payment for billed hourly services within 10 business days of written notification of completed hourly projects. The maximum open balance that will be afforded to Client projects before work by NFA is stopped on all projects will be a total agreed upon in your specific agreement.
4. Client Agrees to promptly make payments to NFA via electronic payment on company website, by submitting a company check or by providing NFA with valid credit card information& written authorization to satisfy any open balances.
5. Client Agrees that the scope of billed hourly projects includes, but is not limited to, Web Design Services, Custom Graphics Work, Search Engine Optimization Strategies,Client Research, Phone Consultations, Company Marketing Strategies, Meetings, Email Updates and any other matters that are requested by Client through meetings, phone calls and email correspondence.
6. Client Agrees that failure to make on-time payments may result in termination of services provided by NFA. Services will recommence only after any outstanding balance is paid in full along with a $50.00 work re-initiation fee.
7. In the event of Client failure to remit payment of outstanding balances in arrears in excess of 60 days from delivery of written notification of billed hourly services to Client by NFA, NFA may choose to terminate Client relationship and pursue legal ramifications to collect any outstanding balance. Client Agrees to be responsible for any and all attorney’s fees, legal costs, fees or court costs associated with the collection efforts of outstanding balances.
8. Client Agrees that this Agreement is entered into in Palm Beach County, Florida and any dispute or litigation stemming from this Agreement will be resolved in Palm Beach County and commits to the personal jurisdiction of Palm Beach County. Client waives any right to sovereign immunity associated with any disagreement.

Content Considerations:

1. NFA shall not commence new web development projects until all content (images, written text, etc.) is delivered to NFA. Unless NFA is hired for content creation services, Client agrees that all content for effective web development will be provided by Client to NFA.
2. Client unconditionally warrants that all content (any elements of text, graphics, photos, designs, trademarks or other artwork) furnished to NFA for inclusion in Client Projects are owned by the Client, or the Client holds the proper permission from the owner of content and Client affirms to hold harmless, protect, indemnify and defend NFA from any liability (including court costs and attorney’s fees) including any claim or suit, threatened or actual, arising from the use of such content elements delivered by Client.

Project Copyrights:

1. Client Agrees to allow NFA to create a link to NFA website by use of company logo or active text hyperlink at the bottom of each company page designed or maintained by NFA, unless prior written notification is provided to NFA.
2. Client Agrees to pay for and retain ownership of domain names, hosting services and other services associated with the company projects. Client is responsible for timely renewal of these products with third party vendors. NFA may provide services to assist Clients with third party products and their renewals at the request of Client and with the indemnification of any liability within third party accounts. Hosting fees that are unpaid will result in the suspension of websites online.

Refund Policies:

1. Client affirms and understands that NFA makes no expressed or limited warranties in terms of refunds on hourly billed services. Client Agrees that hourly services are rendered at the behest of Client’s need for various company services and are done so at the risk of client without any guarantees of company performance as a result of services.

Termination:

1. NFA may terminate service for Client at any time under this Agreement, without penalty to NFA.
2. Client affirms that all prices within this Agreement are subject to change upon prior written notice to Client by NFA and acceptance of such revised terms by Client.
3. Client affirms that lack of prompt payment as provided herein could result in termination of all work services and a possible $50.00 re-initiation fee may be charged to the Client in the event of Client-initiated project discontinuity.

Client Liability:

1. Client expressly and unconditionally Agrees that NFA services incited by Client are done so at the Client’s risk. NFA and its employees, third party agents, and other associated parties do not warrant that Client service will be error free; nor does NFA warrant any potential, expected or possible results.
2. Client Agrees to hold NFA completely harmless for any possible losses of company files, suffered at the hands of third party entities involved in the company projects. Further, Client Agrees to hold NFA completely harmless with respect to any possible errors initiated, encountered or created at the request of Client.
3. Notwithstanding, any possible tort or other jurisprudence initiated by Client cannot exceed the dollar amount of any project initiated by Client for company projects.

Company Projects Lawful Purpose:

1. Client Agrees and affirms that any work initiated by Client through NFA is done so for a lawful purpose and complies with local, state and federal laws regarding the nature of their business.

Indemnification:

1. Client Agrees that it shall defend, save, indemnify and hold harmless NFA from any and all 3rd party demands against the Client including, but not limited to any demands, costs, liabilities, associated attorneys and court fees and otherwise asserted against NFA. This includes any copyright action, personal injury from the result of client products or services or any other liabilities associated with online services and associated marketing.
2. Client agrees and understands that there are inherent risks associated with the hosting of a Website on the World Wide Web (WWW). Client agrees to hold NFA completely harmless in the event the website is subject to any malfeasance including, but not limited to, a “virus”, “hacking” or a malware attack from any third party.

Client Responsibility:

1. Client affirms that in agreeing to these terms, they have the personal authority to Agree to these Terms & Conditions on behalf of Company and that they personally accept all responsibility in agreeing to the terms of this Agreement.
2. Client affirms that this Client project shall not commence until submission of this signed Agreement and all content necessary for the build/project are delivered to NFA.

Severance Clause:

1. Client affirms that if a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect.

Changes to our terms and conditions

Not Fade Away reserves the right to change this document of our terms and conditions at any time and for any purpose that we see fit. We make no warranties about notification of changes to this documentation.