Development Terms of Service
v.2.3, Updated April 17, 2019
Below are the standard terms and conditions for Web Development projects and apply to all contracts and work undertaken by e-dimensionz Inc.
e-dimensionz Inc will endeavor to meet specified deadlines laid out in the Quote provided. Please make every effort to submit content required and approvals by agreed upon deadlines. e-dimensionz Inc will not be responsible if target date cannot be met due to late submission of materials by Client.
The payment schedule will be outlined in the Quote sent by email to the Client. We are confident that you understand that any invoices sent to you should be paid promptly, and our terms of payment are due within 14 days on the presentation of each invoice you will receive.
Late or delayed payments may incur a Late Fee Charge of 2.5%, and may also compromise the project timeline.
If you are hosting the site on another server (that is not hosting with e-dimensionz Inc), payment must be made in full before any files will be released or uploaded to your servers. This is non-negotiable.
Emergency Service / Rush Fee
All work delivery times will be discussed prior to starting and indicated in an agreement. Urgent requests requiring a faster than normal turnaround (i.e. immediate implementation, emergency service or requiring work to be done overnight or over a weekend without adequate notice) will be subject to a Rush Fee. We understand the difficulty with preparing requirements and that they can't always be provided in a timely manner, however last minute requests that require rescheduling other work or overtime hours will need to be billed at an additional 30% on top of our hourly rate.
Workflow & Efficiency
Stages of a project define the prerequisites for subsequent work. In order to prevent unnecessary work, costs, or delay of project completion, e-dimensionz Inc will provide material for review and approval during the creation process. Projects will be broken down into sets of tasks, referred to as stages. Stages may be implemented concurrently.
- e-dimensionz Inc will not begin processing provided materials until they are finalized by the client.
- Once materials are green-lighted, e-dimensionz Inc with begin implementation.
- Once a stage is ready for review, e-dimensionz Inc will present the work to the client, either as part of an overall demo or a unit test.
- The client will review the work to check for adherence and provide approval.
- Once a stage is approved, e-dimensionz will continue to the next stage.
- Any modifications/deviations or additions to designs, materials, content, functionality or navigation after an approval will be billed hourly if they result in back-fixes or extra work.
During the project development process e-dimensionz Inc provides regular design and project updates. While e-dimensionz Inc performs its own testing of the entire website and functionality, the final responsibility lies with the customer to ensure that the modules and the complete project has been tested for any deficiencies or errors and to confirm that the site is operating as originally intended.
It is expected that the customer responds with any feedback and corrections within the timelines specified with every update, to ensure that the project can be completed on time. If the customer does not respond within seven business days (unless pre-agreed) upon delivery of the website's final version, it will be assumed that the work is accepted and the completion of the project approved. Any further changes must be requested in the form of maintenance for the existing website.
Changes to Scope & Additional Services
Any revisions, additions or redesign requests by client that is not specified in this document will be considered "additional" and will require a separate Quote. A new estimate will be provided prior to commencement of any additional work.
This Agreement does not provide website maintenance unless a website maintenance plan is purchased.
e-dimensionz Inc uses a three-tier roll out structure. We develop internally on our own development servers and then present the work in progress to you on our own "staging" servers to allow you to review and request changes prior to launch.
Staging Environment is included for projects during active development. After 6 months, if development is not longer active, the demo site will be removed from our Staging server.
For all projects a consolidated brief must be submitted that contains all requested information before starting the project. If the customer fails to submit the required information within 30 days of making the payment, e-dimensionz Inc may decide to consider the project inactive and not proceed with its implementation.
If an order is cancelled within 7 days of making the payment and before any work has been done, we will refund 75% of the payment. If the work has already begun the maximum refund will be 50% of the payment. There will be no refund if more than 50% of the work has been completed.
Under special circumstances e-dimensionz Inc reserves the right to negotiate and refund an appropriate portion of the amount paid by the customer.
e-dimensionz Inc is not liable for any damages that arise from misinformation or misrepresentation under any circumstances.
e-dimensionz Inc will not disclose to third parties any confidential information obtained from client in the course of completing the contracted work.
Ownership and Copyright
e-dimensionz Inc retains ownership for all work performed until project costs have been paid in full. Once work is paid in full, the Client will be transferred ownership of the project.
At a granular level, source code is a complicated network of pieces of potentially publicly available, incremental logic. The end result is the specific configuration of the contained code and how it interacts with other services and the browser. Ownership applies to the project source code in its entirety which contains this specific implementation of the technology and functionality, not the individual components. This includes the installable and/or compilable source code and dependent data structures and the file structures they are contained in. Projects may use or incorporate proprietary software, programs or source code, such as databases, eCommerce and/or content management systems which are publicly available on the Internet. They may also include technologies, that were innovated by e-dimensionz, Inc in order achieve the project goals. Aside from these outlined exceptions, the entirety if the project will become the Intellectual Property of the Client.
3rd Party Web Hosting
e-dimensionz Inc will upload your site to any web host of your choosing. If we encounter server issues or shortcomings (outdated server technology. bad configuration, etc) that require us to contact the web host on your behalf to resolve, we will contact you regarding any immediate action that must be taken to complete the migration. If needed, we hold the right to move your content to e-dimensionz servers unless communicated an account has been configured on an alternative web host. We will wait 72 hours for action before migrating your site to our own servers.
Note that any issues that may be encountered during the migration process to a 3rd party web host, including the above but not limited to: outdated server technology, unforeseen compatibility issues, or any communication needed with the web host, our standard hourly rate will be invoiced for time to resolve the issues with the web host.
Functionality of features included in project includes a warranty for 6 months after going live should any features not function as required. This warranty does not cover links that change over time, pages that become obsolete over time, content that becomes outdated over time, or other changes that do not result from any error on the part of e-dimensionz.
Monday - Friday
11:00 - 20:00 EST