Ladybugz Interactive Website Design Agency, Boston MA

Aitia - Website Terms of Service

For customers utilizing website development, or other services provided by Ladybugz Interactive Agency. 

Following are terms of services for website design and development services provided by Ladybugz Interactive Agency. The customer shall provide a billing address and any other information necessary for Ladybugz Interactive Agency to maintain website support and or marketing and social media services. Any information not provided at sign-up will be requested by Ladybugz Interactive Agency and provided by the customer. A signature on our proposal, or submission of an online order for service, indicates agreement to these terms of service.

  1. Payment Terms Website Development: Custom Website Development: Ladybugz Interactive Agency requires a minimum of 50% down payment on all custom website development and design services. Down payment on website development is non-refundable, and the down payment amount may be modified at Ladybugz Interactive Agency’s discretion. The final balance is due before the live launch of the website project. After the website launch, your 30 day guarantee period begins. During this time, the site will be undergoing a live stress test. The guarantee will cover any original coding to the site that breaks as well as up to two hours of minor tweaks, improvements, or changes to the site’s design and development. 

After the 30 day guarantee period, your support contract kicks in and Ladybugz will cover any code changes, and various security and software updates related to the original site built by Ladybugz. If another company or the client takes over maintenance of the website, Ladybugz Interactive Agency is not responsible for any updates or breakage of the original website. 

  1. General Payment Terms: Payment is due before services start and before the final website is launched. If the customer pays by a check that does not clear, the customer is immediately in default and subject to a returned check charge of $35. Support payments are due within 30 days annually and if not received in 60 days, maintenance will stop - risking security and software challenges. Accounts in default are subject to an interest charge of $5.00 or 1.5% per month on the outstanding balance, whichever is greater. If your state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay Ladybugz Interactive Agency it's reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. 
  2. Content Responsibilities: The customer is responsible for all content posted or stored on their website and hosting space. Ladybugz Interactive Agency exercises no control over the content or information contained on the servers used for hosting. Ladybugz Interactive Agency will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. Ladybugz Interactive Agency is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services Ladybugz Interactive Agency provides or the software used by the customer.
  3. Service Interruptions: Since Ladybugz Interactive Agency does not host the website, it is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters. Under a support contract, we can help resolve any hosting issues that arise. 
  4. Account Credentials: The customer agrees to keep all user IDs and access codes/passwords confidential during our engagement. Sharing of account information and passwords is strictly forbidden and should only be granted with a consultation. If a customer believes that his user ID or password has been compromised, the customer agrees to contact Ladybugz Interactive Agency immediately via e-mail or telephone.
  5. Governing Laws: Ladybugz Interactive Agency’s corporate office is located in Southborough MA. This agreement will be performed in and governed by the laws of the State of MA. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. Ladybugz Interactive Agency reserves the right to discontinue service for violation of any of the conditions of this service agreement.

All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.

  1. Third-Party Networks: Any access to other networks connected to the Ladybugz Interactive Agency network must comply with the rules appropriate for that other network.
  2. Adherence to Proposal: It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by Ladybugz Interactive Agency. Should services or resources fall above the scope of the original proposal, Ladybugz Interactive Agency reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or net 15 days, at Ladybugz Interactive Agency’s discretion.
  3. Project Timeline: It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by Ladybugz Interactive Agency will result in the delay of the project, or risk putting the project on hold. Ladybugz Interactive Agency may invoice a customer for additional resources should the delay of a project interrupt Ladybugz Interactive Agency’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to a customer should a project be delayed or terminated as a result of the customer failing to adhere to the project timeline.
  4. Website Copyright: Custom Websites: The copyright on a custom website is transferred to the website purchaser after full payment has been received for the website. If copyright transfer has been processed, a customer may receive a full backup of their website upon cancellation. This backup will include the entire file structure in a .zip file and, if applicable, an SQL file containing the MySQL database dump.

The website itself will be free from additional copyrights such as images purchased. Images will also be provided to the client, along with all website passwords. Ladybugz Interactive Agency is not responsible for any content copyrights in the client’s content. 

  1. Social Media Copyright:

Ladybugz Interactive Agency will hand over your “social media” package once the project is completed and paid in full. Maintenance fees must be paid either annually or monthly by credit card for Ladybugz Interactive Agency to maintain your ongoing social media services. 

  1. Website Go-Live and Access: A project is considered complete when the full development scope has been reached and the project is approved by the customer. Should the customer request changes beyond what was agreed to in the original proposal, Ladybugz Interactive Agency may complete these changes at additional cost. 

Final payment for the site is due two weeks prior to the anticipated launch date or upon completion of the website (whichever one is sooner). Ladybugz and Client will determine a mutually agreed-upon launch date. Once a project is complete, all changes requested will fall under Ladybugz Interactive Agency's standard website maintenance schedule. Account access to the website and written or verbal training, as agreed to in the initial proposal, will be granted only after Ladybugz Interactive Agency receives final payment for the project.

  1. Termination/Cancellation Policy: Ladybugz Interactive Agency requires a 30-day notice prior to canceling an annual support account. If the project is canceled with cause by the client or by Ladybugz Interactive Agency because of not adhering to the timeline, content, or other requirements, the deposit paid to Ladybugz Interactive Agency is non-refundable. If a web support contract is canceled, the payment is non-refundable. 
  2. Pricing & Payment Schedule

Ladybugz Transformational Website           $20,000

  • Up to 10 Pages
  • Custom Design + Build
  • Content Advisement
  • Agile Four-Sprint Process
  • Discovery and User Journey Map
  • New Information Architecture
  • Weekly Mini-Sprints
  • SEO Keyword Consulting
  • Continuous QA Process

Content Editing & SEO                                        $3,000

  • Content Editor to assist with content gathering and placement
  • Client to write all content
  • Up to 10 Pages of content edits for consistency/SEO

Total Project                                                         $23,000

With Signed Agreement: 50% of the project total ($11,500)

Prior to Launch:  Remaining balance + Hosting/Support ($11,500 + hosting and support cost) 

Anticipated Launch Date: End of Nov 2023 (to achieve this some weeks will need to have two meetings in a week - we need 10-12 meetings) 

Upon signature, Client and Ladybugz Interactive Agency shall have agreed to and executed this Agreement by their authorized representatives as of the dates indicated below.

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Document name: Aitia - Website Terms of Service
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October 17, 2023 11:19 am ESTAitia - Website Terms of Service Uploaded by Lysa Miller - IP