Terms and Conditions

Payment Obligations, Renewals, and Cancellations

1. Website Development Payment Obligations:

A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee, unless an alternative contract or proposal specifies a different amount. 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. It also ensures that Giraldo Media gets paid for performing their duty under the proposal, despite tardy content from the client. After payment, Giraldo Media will still post outstanding content AT NO CHARGE for 3 months. In the event an “under construction” page is posted due to missing content, Giraldo Media will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date. 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. Giraldo Media may elect at its sole discretion to offer a partial refund depending upon the circumstances.

3. Development & Delivery:

Giraldo Media understands the importance of completing projects in a timely manner. We agree to complete the web design project within 90 days from the date of contract signing. If the client does not supply Giraldo Media with complete text, graphic content and other requested materials for the contracted client within 90 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing or email to Giraldo Media for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between Giraldo Media and the client.

4. Non-Communication:

If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.

5. Web Site Design Credit:

All Giraldo Media custom web design clients will have a “Website Designed by Giraldo Media ” link on their website in the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay Giraldo Media a fee of $300 to have this link permanently removed. Should you have a new layout designed for your site by a company other than Giraldo Media, you may remove the credit from your website.

6. Stock Photography Payment Obligations:

Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of client for use in website development is billable at a minimum of $10 per picture. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $10, in which case we will solicit client approval and communicate the price before purchasing.

Copyrights & Licensing 

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are yours to use legally, or you have written permission to use them. When we receive your total payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you for your website. We can give you a copy of all image files upon request and you should store them in a safe location as we are not required to keep them or provide any native source files we used to make them.

You also own text content, photography and other data you provide, unless someone else owns them. We own the mockup, CSS and other code and we license it to you for use only on your website.

Ownership and copyright of all Templates, GoDaddy hosting, CMS Platforms and Limited Edition Templates available in our catalog remain with Giraldo Media and are not transferred to the client. Giraldo Media reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by Giraldo Media but not in legal use by the client. Giraldo Media reserves the right to display websites and graphics that have been designed by Giraldo Media on their website, and in any marketing material to aid as examples of our work.

7. Description of Ongoing Costs:

There are 2 types of ongoing costs: domain registration and hosting.

a. Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mywebsite.com, so that you can use it for your web-based purposes. Any website that we develop is required to register a domain through us. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.

b. Hosting:
This cost recurs annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. Any website that we develop is required to host through us. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with Giraldo Media to ensure the programs that we write will work.

c. Hosting Renewal Payment Obligations:
Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Giraldo Media fifteen (30) days before the renewal date that you do not wish to renew the account.

d. Hosting Payment Policy & Billing Procedures:
All accounts are set up on a pre-pay basis. We accept payments via Cash, Check, PayPal and all major Credit Cards. Setup fees are charged for all new accounts that are paid on a monthly basis and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Giraldo Media reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The client is responsible for all money owed on the account from the time it was established to the time that the customer notifies Giraldo Media to request termination of services.

e. Hosting Cancellation Payment Obligations:
You may cancel at anytime. If you cancel before the first 30 days from the opening of your account, please refer to the details under “Limited 30-day Money Back Guarantee.” If you cancel after the first 30 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. Giraldo Media will refund the prepaid fees for basic hosting for the full months remaining after effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $25. Accounts that are terminated by Giraldo Media for abuse or violations of internet standards or these terms and conditions will not receive any refund. 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. Refunds will be issued back to you within 10 business days from your cancellation date.

f. Domain name and Hosting refunds:
If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.

g. Sites NOT Hosted by Giraldo Media:
If client has their site hosted on another server, Giraldo Media requires it to be transfered to our hosting server as we cannot guarantee the all elements of the site will work on any other server apart from ours. 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.

8. 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. For work we do on the site after going live, we charge on a monthly maintenance fee. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract. If need be, we can customize a maintenance plan for your particular needs.

9. Website Maintenance Payment Obligations:

Depending upon the nature of the website changes, prepayment is required. Should the client be invoiced after the changes are completed, the invoice is due upon receipt. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $50 reposting fee added to the outstanding maintenance invoice balance.

Development Process

1. Homepage Design – Once the site design is approved by the client, usually via email consent, 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 site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site 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 the client’s responsibility, unless specifically negotiated ahead of time as part of the project proposal.

• Text content – Copy for all website pages and links needs 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 client wish for Giraldo Media to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via Giraldo Media interviewing the client about the topic areas to be addressed on their web pages. Giraldo Media 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 outside of the website design must be provided in digital form only. Subsequent revisions will be billable at our regular hourly rate.

4. Database Implementation – Entry of data for database applications is considered client’s responsibility. Entry of data by Giraldo Media is billable, unless otherwise provided for in client’s contract.

5. Email – We offer up to 10 free domain-based email accounts to our clients as part of certain website packages hosting contract. If site is not hosted by Giraldo Media , we take no responsibility for setting up and troubleshooting email problems.

6. Training – For websites with administrative control panels or content management systems, two (2) one-hour training sessions will be provided.

7. Technical Support – We offer local and long-distance phone support to our clients. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If Giraldo Media is not the source of the problem, technical support will be billable.

Training and Tutorials

Because client 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 Giraldo Media, there will be a $50 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 Giraldo Media, DNS management and troubleshooting tasks are billable at our hourly rate.

Websites with Proprietary Source Code

Should client contract with Giraldo Media to write custom code for a website application, this code is not transferable to a new developer or host. Custom written source code is considered the property of Giraldo Media and cannot be shared with other developers. Clients are granted a license to use custom software code while on Giraldo Media servers only. Giraldo Media retains ownership of the code.

In some cases, Giraldo Media will install software for the client’s use that has been built by a third party. Examples include WordPress blog 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 Giraldo Media and its clients who are running similar pieces of code. In order to provide custom software development services, clients give us access to private and/or sensitive information, trade secrets, proprietary pricing and business methods. If clients believed that we may be sharing this information with outside developers, they could lose faith that we are protecting their proprietary information. Therefore, neither access nor transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted. 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

Giraldo Media maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email accounts (name@charter.net, name@sbcglobal.net, etc), your home or office internet connections, or any other non-domain-based issues outside Giraldo Media’s realm of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the Giraldo Media policy that any outstanding accounts for work carried out by Giraldo Media or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Giraldo Media .

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and phone to remind them of such payments if they are not received when due.

If accounts are not settled or Giraldo Media has not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgement (ccj’s) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Liability

Services purchased from Giraldo Media are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall Giraldo Media be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.

Acceptance

Please note that by submitting your deposit or down payment for our services you are agreeing to all of our terms of service as written here. Giraldo Media reserves the right to change or update these terms at any time without prior notice.