Terms of Service

By using any of Enrageous Design’s products or services (hosting, website design, website updates, logo design, content writing, SEO, marketing services and tools), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Ordering this service via any method (email, online, phone, or in-person) also binds you to these Terms of Service.

Enrageous Design reserves the right to update and change the Terms of Service from time to time with 10-15 days written notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.

SERVICE TERMS

• You must be 18 years old or older to use the Service.
• You must be a human. Automated uses of the Service are prohibited.
• You must have the legal right to make decisions on behalf of your company, corporation, or business concerning any of their websites and other IT resources.
• You are responsible for maintaining the security of your account – protecting your username and password.
• You are responsible for all content posted and activity that occurs under your account. You are responsible for any changes made to your website by others acting on your behalf, if any.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

WEBSITE DESIGN AND RE-DESIGN

All Website plans include a fully custom built website from scratch. We reserve the right to refuse to offer you this service or refund you any money paid for this service. This may happen if we deem your existing site ineligible for the website design or re-design due to its content, platform, or custom programming and integrations.

For the design or re-design, we will build your new site on the WordPress CMS platform. WordPress allows us to perform your updates more efficiently and also allows you the potential to easily add blogs and other features to your new site.

After we receive the required content from you, we will customize and build your website. We’ll send you a link to review the website on our development server. At that point, you are allowed 1 round of revisions before going live with the website.

TIMELINE

The time required to complete your website varies on the complexity and is anything from 4 weeks to a year. To discuss your exact timeline, please speak to your project manager. We will commence the work after we have received a signed contract and the full payment of the website design quote. Please also keep in mind that we rely on you and your team to provide us with the necessary assets (including but not limited to website text, photos, social media, products, pricing, etc.), and approvals in order for us to work on your website, and to avoid impacting your website launch date.

DELAYS

Contractor Delays: Contractor shall use all reasonable efforts to meet the Final Deliverables schedule.Contractor may extend the due date for any Deliverable by giving written notice to Client. The total of all extensions shall not exceed 30 days.

Client Delays: Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by Client will result in a day-for­ day extension of the due date for all Deliverables.

General Delays: Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism and epidemics.

CLIENT RESPONSIBILITIES

Client acknowledges that it is responsible for performing the following in a reasonable and timely manner:(a) Provide Client Content in a form suitable for use in the Deliverables without further preparation by Contractor, unless otherwise specified in the Services Proposal; {b) Proofread all Deliverables. (c) Make decisions regarding other parties.

BROWSER FUNCTIONALITY

All of our websites are tested for functionality on current Safari, Chrome and Edge internet browsers. We do not guarantee that your website will look exactly the same on every device and may appear differently due to varying screen resolutions and aspect ratios.

ADDITIONS

Please review the Statement of Work and if you have any additional feature requests, changes in tasks, changes in deliverables or any scope modifications, beyond what was agreed and signed off on in the original Statement of Work, additional billable time will be incurred to you as the client at our hourly rate.

REVISIONS

The price estimate includes time for revisions, and that will not exceed 10% of the total budget of web development time mentioned. Should you request additional revisions beyond what is included, or that exceed the allocated time, you will be billed at the same hourly rate. Where possible we will try to warn you when you are getting low on amend budget time.

STATEMENT OF WORK

We’ve prepared the budget plan based on everything that we have discussed, including any correspondence via email, in-person, or phone calls. The breakdown is outlined in the Statement of Work document which includes the scope of work, project objectives, tasks, deliverables, certain terms, conditions and requirements as well as payment of the project. We are only responsible for the items outlined in the Statement of Work. Items not included in the Statement of Work are not part of the project nor have they been included in the quoted cost.

ALLOWANCES

You’re responsible for the cost of any outside paid assets. This is included but not limited to hosting, domains, third party plugins, stock images, and premium fonts. In addition, we cannot be held liable for the functionality of third party plugin or software, recommended or otherwise.

EXCLUSIVE DESIGN CREDIT

We’re proud of our work and reserve the right to apply the text “Designed by ENRAGEOUS” on your website. Should you wish to remove the credit, a fee of $150 applies. Removal of our name does not mean surrendering our design credit to any other party. Without our expressed consent, you agree that “Designed by ENRAGEOUS” will be visibly displayed on your site acknowledging design credit.

PAYMENT SCHEDULE

This agreement is non-transferable and non-refundable. The initial payment does not constitute a credit and cannot be applied to other services. You are responsible for the full balance of work, even if the project is not completed.

We offer two payment options for your convenience:

Full Payment (Discounted Rate):
You may choose to pay the full balance upfront at a discounted rate as indicated in your quote. Full payment is due before any work begins.

6-Month Payment Plan:
You can opt to spread payments over six months with no additional fees. Payments will be divided into equal monthly installments. The first installment is due before the project starts, and the site will go live once the project is complete, regardless of whether all payments have been made.

If the project has been in a “Waiting for Customer” or “Customer Amends” state for 30 days, it will be invoiced to date. For archive projects (6 weeks of no customer progression), we will invoice to date and remove the project from the development server. If a project is removed from the server entirely, additional fees may apply for restoration.

LIABILITY

Enrageous Design will do everything possible to build you an amazing website, but we accept no liability for our sales, revenue, and / or the success of your website / business directly, indirectly, or consequentially.

All Website plans include the following features

• Custom built website (includes branded fonts, colors, images, logo, and layout)
• Content Management System that allows you to make website updates (WordPress)
• The initial installation of 1 Google Analytics property
• On-Page SEO (this includes writing page titles and meta descriptions, optimizing on-page content to be easily indexed by Google, and submitting your sitemap to Google)

Single Plan

Single plans include all “Included” features listed above PLUS the following features:

• 1 page with up to 5 informational section (Homepage, About, Services etc)
• Contact section included

Full Plan

Full plans include all “Included” features listed above PLUS the following features:

• Up to 4 landing/archive page template designs
• Up to 3 sub-page template designs
• Homepage and contact page included

E-commerce Plan

E-commerce plans include all “Included” features listed above PLUS the following features:

• Up to 4 landing/archive page template designs
• Up to 3 sub-page template designs
• Product Archive Page Template Design
• Product Page Template Design

Maintenance Plans

Our Maintenance Plans covers anything that takes 30 minutes or less to resolve and that can generally be handled within the admin panel of your WordPress site.

For example: Adding or editing content like blog posts, pages, etc., editing menus and widgets, installing and activating plugins, and much more.

We’re happy to troubleshoot more complicated issues and then discuss what kind of resolutions we can offer to best fit your needs.

Here’s a more comprehensive list of the most common things our team does.

• Publishing blog posts from provided Word or Text documents
• Adding/Removing/Editing text on posts, pages, products, etc.
• Uploading provided JPG and PNG images and adding to pages
• Cropping/Resizing images within the WP Dashboard
• Adding provided keywords, titles, snippets, etc
• Adding/Removing/Editing menu items
• Configuring popups and slide-in features based on provided text, images, and examples
• Edit page slugs
• Adding/Removing/Editing users
• Upload PDFs
• Adjust widgets
• Updating theme options
• Adding redirects
• Add/Remove/Edit form fields
• Edit templates
• Installing simple plugins from the WordPress repository

We can also take care of the following requests, but they may take a bit longer than our usual turnaround time:

• Custom CSS / JS
• Performing search and replaces
• Adding code snippets through WP hooks
• Installing more complex plugins
• Performance / Page-speed related adjustments based on GT Metrix reports
• Minor troubleshooting involving plugin and theme compatibility
• Installing tracking codes (i.e. Google Analytics)
• Testing contact forms and checkout workflows

TURNAROUND TIMES

Turnaround times for Content Edits are as follows:

• Emergency Fixes, which include any website issue that is hindering the client from doing business (ex. site down, functionality not working, etc.), will be completed within 24 hours.
• General Revisions, which include any other updates or revisions that aren’t otherwise categorized, will be completed within 3 business days.
• New Page Additions will be completed within 10 business days after receiving all content.

All Maintenance plans include the following features:

• WordPress Core, Plugin, and Theme Updates & Bug Fixes
• 24/7 Security Monitoring
• 24/7 Uptime Monitoring
• Performance Monitoring & Optimizations
• Edit existing page content

Basic Plan

• $30 per month
• One 30-Minute Task A Month
• Monthly WordPress Core, Plugin, and Theme Updates

Elemental Plan

• $75 per month
• Three 30-Minute Tasks A Month
• Edit existing page content
• Edit existing page/template design

Advanced Plan

• $150 per month
• Five 30-Minute Tasks A Month
• Edit existing page content
• Edit existing page/template design
• publish new pages
• WooCommerce technical support

Managed Plan

• $600 per month
• 8 Hours Of Unlimited Tasks A Month
• Edit existing page content
• Edit existing page/template design
• publish new pages
• WooCommerce technical support
• Install 3rd party plugins
• Create new template design/landing page

Payments

• A valid credit or debit card is required to use the service.
• You will be billed monthly for the Service. The Service is a subscription.
• For any upgrade or downgrade in maintenance plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
• Please see the section below titled “Intellectual Property.”
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Cancellation And Termination Of The Service

Enrageous Design has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Enrageous Design service (see Right To Refuse Service below). You are solely responsible for properly canceling your account. You are free to cancel your account at any time.

If you cancel your subscription with Enrageous Design, you will not be eligible to repurchase or reactivate any maintenance services for the cancelled site for a period of 6 months. This is due to the high cost of setting up and establishing maintenance services for any particular site.

Maintenance service requests without a Maintenance plan will be billed at our hourly rate of $100 per hour, with a 1 hour minimum.

HOSTING

If you are using our managed hosting services, the following applies:

• By using our hosting services, you grant us access to your website and database for the purpose of hosting and/or backing up your content.
• In order to address security vulnerabilities, we will first notify you, and then we may push an upgrade to your site, or we may access your site to remove malicious code.
• We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service.
• You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You own your data and content.

For sites that we host, our goal is an uptime of 100% – meaning all sites are available 24/7/365. We know that sometimes this goal may not be achieved, and in those cases, the following Service Level Agreement (SLA) applies:

• We guarantee a 99.9% uptime SLA.
• We do not place any hard limits on traffic, visits, or bandwidth on your sites. Should your site experience a spike in traffic (both human and/or by bots), your site may experience performance problems or even downtime. An upgrade to your hosting plan to higher resources may be needed in this case, and our SLA will not apply.
• Should the SLA not be met during a calendar month, you are entitled to an SLA Credit. You must contact support to request an SLA Credit within 30 days of the end of the month for which the SLA was not met. Credits will be valued at 5% of your monthly hosting charges for each full hour of downtime beyond the SLA and will not exceed 100% of your hosting charges. Downtime will be determined by our monitoring tools.
• Our SLA applies to any human errors by our team and by employees or contractors of any 3rd party service providers that we use to supply the hosting service.
• Our SLA does not apply to any downtime that is out of our control, including problems resulting from 3rd party code, user-error, or natural disasters such as floods or earthquakes.

PLUGINS

All hosting accounts include the following plugins:

• Image Optimizer - Optimize unlimited images, lazy load, resize, compress, and resolve Google PageSpeed recommendations - all from one simple and intuitive dashboard.
• Page Optimizer - Easily identify HTML, Javascript, and CSS files that can be compressed, combined, delayed, or moved to maximize performance.
• Search Engine Optimization - A suite of pro SEO tools makes it easier than ever to optimize your sites and rank higher on Google.
• Security - Scan, secure, and monitor your site for hacks, create your own blocklists, and integrate seamlessly with our hosting’s powerful WAF - all from one easy-to-use interface.
• Analytics - Monitor your Google Analytics overview, stats, data, and graphs right from your WordPress dashboard. Save time and get a better picture of the most important content on your sites.
• Form Builder - The most flexible form builder for WordPress. You can create forms, polls and quizzes for every site and situation. Integrate with Stripe or PayPal to accept payments.
• Marketing - Create unlimited opt-ins, pop-ups, slide-ins, social shares, and embeds - all designed to drive results and convert visitors.

PAYMENTS

In the event that a hosting payment fails, sites will be suspended until payment is received.

Hosting may be archived after 14 days of non-payment. We will send a warning email one week before archiving the site and again when the site is archived. A site can be restored and made active again within 25 days of being archived after payment is received. After 25 archived days, sites will be permanently deleted and cannot be recovered.

INTELLECTUAL PROPERTY

If you hire us, you agree that this is a work for hire contract. All rights and the intellectual property that Enrageous Design creates shall be transferred to you upon completion. The purpose of this clause is to ensure that Enrageous Design is reimbursed for the expense it incurs in designing any of the above stated or below agreed to elements requested by you.

CHANGES TO THE SERVICE AND PRICES

Enrageous Design reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice if payment is not received within 30 days of monthly due date or invoice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change at any time upon 30 days notice from us. Such notice may be provided at any time by posting the changes to enrageousdesign.com and/or emailing you. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

RIGHT TO REFUSE SERVICE

Enrageous Design reserves the right to refuse to do business with you. We have the right to terminate your services and give you any applicable refunds. This may occur if we determine that your website or product or IT resources or IT needs require an extraordinary amount of effort on our part. We will try to negotiate a more suitable compensation arrangement before we terminate our relationship and services (see General Conditions below). If we terminate services, we will provide you with full ownership of any assets completed before the termination date (this may include logo, website, website content, and any other related design elements that have been completed). Upon this type of service termination, the agreement will be voided and you will no longer be responsible for the completion of monthly payments or the fulfillment of your agreement. However, if your website is not completed, we are not responsible for the completion of the project upon termination.

GENERAL CONDITIONS

• Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
• We occasionally make mistakes. The Service is not automated, but performed by human technicians.
• If you have purchased a Maintenance Plan, you will continue to be billed for the remainder of your agreement, regardless of whether or not you use the service.
• You understand that we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Enrageous Design customer, employee, member, or officer will result in immediate account termination.
• We are not responsible for ensuring that your website is ADA or GDPR compliant.
• You understand that the technical processing and transmission of the Service, including your Content, maybe transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• ENRAGEOUS DESIGN DOES NOT WARRANT THAT (I) THE SERVICE WILL BE 100% UNINTERRUPTED, TIMELY, SECURE, OR COMPLETELY ERROR-FREE (OUR SERVERS WILL PROVIDE 99.9% UPTIME FOR YOUR WEBSITE), (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL ALWAYS BE ACCURATE, AND (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS IF THEY ARE OUTSIDE THE REALM OF THE DESCRIBED WEBSITE PLANS.
  YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENRAGEOUS DESIGN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
• The failure of Enrageous Design to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Enrageous Design and govern your use of the Service, superceding any prior agreements between you and Enrageous Design (including, but not limited to, any prior versions of the Terms of Service).
• Neither Party shall not be liable for any delay or failure to perform its obligations due to any cause beyond its reasonable control including, without limitation, fire, weather, accident, act of public enemy, act of terrorism, war, rebellion, insurrection, strike, lockout, work slowdown, or similar industrial or labor action, sabotage, transportation delay, shortage of raw material, energy or machinery, act of God, act or omission of Customer, or the order or judgment of any federal, state, local, or foreign court, administrative agency, or other government office or body.
• Any claim or action arising out of or related to this Agreement shall be submitted by the Parties to binding arbitration in Pasco County, FL, utilizing the American Arbitration Association rules for arbitration Notwithstanding the above, the forum to enforce the decision of any arbitration proceeding shall be brought in a court of competent jurisdiction in the state or federal courts of Pasco County, FL. This Agreement shall be construed and interpreted according to the laws of the State of Florida, without regard to its choice or conflict of law principles.
• If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, then that provision shall be enforced to the extent permitted by law, and the rest of the agreement shall remain in full force and effect.

AGREEMENT DETAILS

The commencement of your website design agreement will be initiated from the date of purchase.

Upon the successful completion of your website design, ownership of your website and its content will be transferred to you. Should you decide to cancel your hosting subscription, a backup file of your website will be provided upon request.

A written 30-day notice is required for all cancellations.

Last Updated on September 11, 2024