Terms Of Service
 Digital Agreement

 

 

PREAMBLE

1. Introduction:

Focalpoint of Faith Technologies will always do it's best to fulfill our client's needs and meet their expectations, but it is important to have things clearly explained and presented so that all parties understand and are aware of what is occurring,, and in the rare case, what will happen if something goes wrong. This Terms of Service agreement does not contain any complicated legal terms or long passages of unreadable text. We have no desire to trick you into entering an agreement that you might later regret. What we do want is what is best for both parties, now and in the future.


 2. Terms and Scope of Agreement:

You (“The Client,”) are hiring Focalpoint Of Faith Technologies, LLC (“We" , "Us", "FOF Technologies”, or "The Company" here on in), and collectively ("The Parties", or "Parties") to design and develop a web site, application, or perform a service for The Client's specific needs.


 
 3. Nature of Contractual Work

Any and all projects are subject to an initial verbal, or written, agreement  between both Parties that lays out and explains, with clarity, the scope and definition of the Terms of our Services, prices, and agreed upon deadlines.  This generally consists of a Questionnaire Proposal, but not necessarily, followed by an initial price quote, and finalized by a final price quote.  In selective instances, The Company has the sole discretion to waive the aforementioned in order to commence a project for the sake of time. However, in either instance, it is understood and agreed by The Parties that after a verbal or written is agreement is reached, and an initial payment of that first project's milestone is received and confirmed in FOF Technologies' designated bank account, then it is confirmed by both Parties that this Terms of Services is hereby agreed upon and accepted and will act as the regulating guidelines for any future work that may occur between FOF Technologies and The Client, so long as an initial payment is received from The Client signifying a signatory acceptance of these Terms of Service.


 
 
4. Post Contractual Work

Due to the nature of the constantly changing factors that exist within the web development and application industries, it is extremely difficult to create written agreements that encompass the entire scope of most projects' requirements all the time. Therefore, once both Parties have verbally, or in writing, agreed on a final estimate regarding the first project between both Parties, and an initial payment of that first project is received and confirmed in FOF Technologies' designated bank account, then it is understood by both Parties that this Terms of Services is hereby agreed upon and accepted and will act as the regulating guidelines for any future work that may occur between FOF Technologies and The Client, so long as an initial payment is received from The Client signifying a signatory acceptance of these Terms of Service, then as such, both Parties understand and agree to the following:

  1. Changes, updates, or removals of portions, parts, or wholes of currently active, or future projects must be specifically requested by The Client, either verbally or in writing, and shall be invoiced after work has commenced, and not before.

  2. Due to short deadline requirements by The Client at times, and the need to complete projects within a specific time-frame, work on projects must begin immediately, and any work performed post contractually for The Client will be billed (invoiced) by FOF Technologies to The Client at the completion of agreed upon tasks or milestones, and not before.

  3. Due to the fact that FOF Technologies will be using its own resources, man-hours, and funds to complete the requirements of The Client within post contractual scenarios, The Client agrees to honor all invoices related to post contractual work and pay FOF Technologies any and all outstanding amounts (invoices) that are owed to The Company.

 

5. What Do Both Parties Agree To?

  1. The Client: The Client possesses the authority to enter this agreement with FOF Technologies, representing the Client, the Client's company, or the Client's organization. The Client will give Us the assets and information We need to complete a project. The Client will do this when The Company asks, and the Client shall provide what is asked for in the formats The Company requires. The Client may review the created work, provide feedback and approval in a timely manner. Deadlines work two ways, so the Client will also be bound by dates agreed upon.The Client also agrees to stick to any payment schedule agreed upon.
     

  2. The Company:  We have the experience and ability to do everything We have agreed with the Client and We will complete its entirety in a professional and timely manner. We will endeavor to meet every deadline that is set and We will maintain the confidentiality of everything the Client gives Us.


 
 

SITE DESIGN DETAILS
 

6. Design

FOF Technologies creates look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so We won’t waste The Client's time mocking up every template as a static visual. We may use visuals to indicate a creative direction (color, texture and typography.) We call that 'atmosphere.’

The Client will 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 the Client and We’ll have regular, possibly daily contact.

If, at any stage, the Client is not happy with the direction our work is taking and wishes to cancel, the Client will pay Us in full for the time We have spent working with the Client until that point, including any outstanding invoices, and terminate this agreement.


 7.
Text Content

Unless agreed separately, FOF Technologies is not responsible for inputting text or images into the Client's content management system or creating every page on the Client's website. We provide professional copyrighting and editing services, so if the Client would like Us to create new content or input content, We can provide a separate estimate for that.


 8. Content
Translations

Unless agreed separately, FOF Technologies is not responsible for translating any text or content from English into any other language of The Client's website.  We provide professional translation services, so if the Client would like Us to translate their content into another language, or several, then We can provide a separate estimate for that.


 
9. Graphics and Photographs

The Client should supply graphic files in an editable, vector digital format. The Client should supply photographs in a high resolution digital format. If the Client chooses to buy stock photographs, FOF Technologies can suggest stock libraries. If the Client would like Us to search for photographs, We can provide a separate estimate for that.


 10. HTML, CSS and JavaScript

FOF Technologies delivers web page types developed from HTML markup, CSS stylesheets for styling, and unobtrusive JavaScript for feature detection, poly-fills, and behaviors.


 11. Browser 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.

FOF Technologies will test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox. We will not test in other older browsers, including Microsoft Internet Explorer 11 for Windows, unless We agreed separately. If the Client needs an enhanced design for an older browser, We can provide a separate estimate for that.


 
12. Mobile Browser Testing

Mobile browser Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they are using. FOF Technologies will test our designs in:

iOS 10 for iPhone 7 Devices only: Safari, Google Chrome

We do not test in Blackberry, Opera Mini/Mobile, Android devices, Windows or other mobile browsers unless We agreed separately. If the Client needs Us to test using these, We can provide a separate estimate for that.


 
13. Technical Support

The Client may already have professional hosting and might even manage that hosting in-house. If the Client does not, FOF Technologies can set up the Client's site on a server at one of our preferred hosting providers, and We can provide a separate estimate for that. If the Client needs Website Hosting or CMS Management support, We can provide a separate estimate for that as well.


 14. Maintenance and Security

FOF Technologies does not automatically include support for any type of maintenance, backups or security configurations/updates after the final design is completed. We are not liable for any hacking or intrusion to the site or CMS used. If the Client needs maintenance or security support, We can provide a separate estimate for that.


 15. Search Engine Optimization (SEO)

FOF Technologies does not guarantee improvements to your website’s search engine ranking, but the web pages that We develop are accessible to search engines. If the Client needs comprehensive and monthly SEO support, We can provide a separate estimate for that.


 
16. Changes and Revisions

FOF Technologies does not want to limit our Client's ability to change their mind. The prices of services provided are based on the number of weeks and hours that We estimate will be needed to accomplish everything the Client requested. If the Client wants to change or add anything new after they have finalized a task or project, We will provide a separate estimate for those additional weeks or hours as a project or task progresses.  Requested changes by The Client are addressed immediately, therefore it is incumbent upon The Client to pay the invoiced amount when requested by The Company.


 
17. Liability

FOF Technologies will carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That being said, We cannot guarantee that our work will be error-free and therefore We cannot be liable to the Client or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if the Client has advised Us of them.

The Client's liability to Us will also be limited to the amount of fees payable under this agreement and the Client 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.

Finally, if any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.


 
18. Intellectual Property Rights

“Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, the Client guarantees that all elements of text, images or other artwork the Client provides are either owned by the Client, or that the Client has permission to use them. When the Client provides text, images or other artwork to FOF Technologies, you agree to protect Us from any claim by a third party that We’re using their intellectual property.

FOF Technologies guarantees that all elements of the work We deliver to the Client are either owned by Us or We’ve obtained permission to provide them to the Client. When We provide text, images or other artwork to the Client, We agree to protect the Client from any claim by a third party that the Client is using their intellectual property.

Provided that the Client has ordered the source files, and initial payment has been made for the Finalized Design Files, the Client is obliged to fulfill the entire payment of the agreed upon price in order to receive all intellectual property rights to the created Works.  FOF Technologies will only assign all intellectual property rights to the Client once the Client has paid the full agreed upon amount. Client may receive Source Files prior to final payment, but intellectual property rights are withheld.  FOF Technologies will assign all intellectual property rights to the Client as follows:

The Client owns the website FOF Technologies designed for the Client, plus the visual elements that We create for it. We’ll give the Client source files and finished files upon request, but a separate estimate is given for this; The Client must keep the source-files somewhere safe as FOF Technologies is not required to keep a copy. The Client owns all intellectual property rights of text, images, site specification and data the Client provided, unless someone else owns them.

FOF Technologies will own any intellectual property rights We have developed prior to, or developed separately from this project, and not paid for by the Client. We will own the unique combination of these elements that constitutes a complete design and We will license its use to the Client, exclusively and in perpetuity for this project only, unless We agree otherwise.


 19. Displaying Our Work

FOF Technologies reserves 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 websites, in magazine articles and in books.


 
20. Payment Schedule

The Client understands how important it is that the invoices sent by FOF Technologies to the Client are paid promptly. The Client agrees to stick tightly to the payment schedule set forth in the finalized invoice prepared by FOF Technologies.  These invoices are either mailed, emailed, or physically delivered to The Client. 

The payment schedule is detailed at the bottom of each finalized invoice, and is independent of other invoiced projects or services.


 
 A.
Payment Details

FOF Technologies charges all services, work, and consultations at an hourly rate of $200.00 USD. 

If you require our bank account details, they may be obtained by contacting us at This email address is being protected from spambots. You need JavaScript enabled to view it. .

 

B. Regular Payment Schedule

FOF Technologies issues invoices electronically or physically. Our payment terms are seven (7) days from the date of invoice. All proposals and invoices are quoted in USD and payments will be made at the equivalent conversion rate at the date FOF Technologies officially begins working on a project.  Work on all projects is commenced the next business day immediately after the agreed upon Proposal (the Web Development Questionnaire) is set and agreed on by The Client under the Proposal Finalization section of the Questionnaire.

The Client agrees to pay all charges associated with international transfers of funds, if applicable. The appropriate bank account details will be printed on FOF Technologies' invoice.

We reserve the right to charge a late fee on all overdue debts at the rate of 5% per month or part of a month.

 

C. Invoice Payment Schedule

If The Client agrees to being invoiced for any work specifically requested to be performed outside of the scope of active, or future, work requests then FOF Technologies will invoice The Client for any and all work performed after the product, or service, has been fully and successfully delivered to The Client.  The Client agrees to pay any and all amounts owed to The Company for work performed in good faith.


 21. Final Details (Jurisdiction)

FOF Technologies and the Client agree to 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 under exclusive jurisdiction of United States courts.