Terms & Conditions
1. Agreement Structure
This Website Service Agreement (“Agreement”) is entered into between Lil Redhead Studio, Inc (“LRH”, “we”, “our”, “us”) and the client (“Client”, “you”, “your”).
This Agreement covers two primary components:
– Website Design & Construction
– SiteCare (Ongoing Website Hosting, Maintenance & Support)
SiteCare services begin upon the launch of your website.
2. Term & Renewal
This Agreement is for an initial term of twelve (12) months beginning on the start date provided to the Client via email.
After the initial term, this Agreement automatically renews on a month-to-month basis until terminated by either party.
3. Payment Terms
Set-up Fee
A non-refundable setup fee is due prior to the commencement of design and development work unless otherwise stated.
Monthly SiteCare Fee
Monthly SiteCare payments begin thirty (30) days after the start date and will be automatically charged to the Client’s credit card on file.
Clients may prepay for twelve (12) months of SiteCare in advance for a 5% discount.
4. Cancellation
Early Termination (Before 1 Year)
If the Client chooses to cancel this Agreement prior to the completion of the initial 12-month term, an early termination fee will apply. This fee is the lesser of:
– The remaining balance due on the Agreement, or
– Three (3) months of SiteCare payments.
Termination After 1 Year
After the initial 12-month term, either party may terminate this Agreement for any reason with 30 day written notice.
5. Billing & Payment Failure
Payments are collected automatically via credit card.
In the event of a failed payment:
– The Client will be notified and provided an opportunity to update payment information.
– If payment is not received within thirty (30) days of the due date, LRH reserves the right to suspend the Client’s website, including placing it in maintenance mode, until payment is received.
6. SiteCare Services
SiteCare includes a specified number of billable hours for routine support and updates, as outlined in the Client’s selected package.
Requests exceeding the included time, or requests considered outside the scope of typical support, may incur additional charges.
– The current rate for additional work is $100 per hour, with a one-hour minimum.
– The Client will be notified of any such charges prior to work being performed.
7. Ownership & Property Rights
Software Licenses
All software licenses used in connection with the Client’s website are owned and maintained by LRH.
Transfer Requests
Following the completion of the initial 12-month term, the Client may request a transfer of their website and/or domain to another provider. LRH will comply within seven (7) business days of receiving all necessary information from the Client.
If such a request is made prior to the completion of the 12-month term, LRH will facilitate the transfer within seven (7) business days of receipt of applicable cancellation fees.
8. Content Restrictions
LRH reserves the right to terminate this Agreement if the Client requests the inclusion of any material deemed offensive, illegal, or in violation of the terms of LRH’s server provider.
9. Service Suspension & Adjustments
LRH reserves the right to suspend or discontinue any functionality or service offering of the website for any reason.
– In such cases, LRH will provide the Client with at least sixty (60) days’ notice.
– The Client’s SiteCare fee will be adjusted accordingly.
10. Website Accessibility & ADA Compliance
LRH will make reasonable efforts to design and maintain websites using generally accepted web accessibility best practices, including consideration of applicable Web Content Accessibility Guidelines (WCAG), as appropriate for the Client’s website and budget.
The Client acknowledges that web accessibility is an ongoing process rather than a one-time certification. Accessibility standards, browser technologies, assistive technologies, and legal interpretations may change over time and may affect a website’s level of accessibility.
The Client acknowledges that websites frequently rely on third-party software, plugins, themes, embedded content, and external services that are developed and maintained by others. LRH does not control and cannot guarantee the accessibility of third-party software, plugins, themes, embedded content, or external services developed or maintained by others.
Accordingly, LRH does not represent or warrant that the Client’s website is fully compliant with the Americans with Disabilities Act (ADA), WCAG, or any other accessibility law, regulation, or standard, nor does LRH guarantee that the Client’s website will be free from accessibility-related complaints, demands, audits, or litigation.
Unless otherwise agreed to in writing, accessibility audits, remediation, ongoing monitoring, and legal compliance reviews are not included as part of standard SiteCare services.
The Client is responsible for the accessibility and legal compliance of all content, documents, images, videos, downloadable files, and third-party services or integrations that they provide or request to be published on the website. LRH will make reasonable efforts to implement such content in an accessible manner but cannot guarantee the accessibility of materials or services supplied by the Client or third parties.
11. Legal Fees
If LRH initiates legal action to enforce the terms of this Agreement and prevails, the Client agrees to reimburse LRH for all reasonable legal fees and associated costs.
12. Entire Agreement
This Agreement constitutes the entire understanding between LRH and the Client with respect to the subject matter herein and supersedes all prior agreements, proposals, or representations.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions.