Terms of Service

Light & Water Media LLC

We will always do our best to fulfil your needs and meet your goals, and at the same time it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this agreement you won’t find complicated legal terms or large passages of unreadable text. We have no desire to have you sign something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

In short

You are hiring Light & Water Media LLC to create a website, logo, graphic design, video, image, book or audio according to the Design Estimate provided. We will provide webhosting and software support for the complete site. The agreed payment plan will be provided.

What do both parties agree to do? 

As our customer, you have the power and ability to enter into this agreement. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at in the agreement.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.

Details of the works

We will provide any of the following:

  • Website layout and design
  • Logo and/or Graphic design
  • Video production
  • Photography

In the case of websites we will create for the look-and-feel, layout and functionality you request which includes the opportunity for you to make up to two rounds of revisions within the first two weeks after completion of sites. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this agreement or continue to commission us to make further design revisions at the hourly rate set out in our original estimate.

HTML/CSS layout templates

If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid HTML5 markup and CSS3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera.

We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.

Text content 

We are not responsible for writing or inputting any text copy unless we specify it in the original estimate. We’ll be happy to help though, and following a free initial consultation, we will provide an estimate of time to be charged at our hourly rate for copy writing or content input.

Photographs 

If needed, you will supply us photographs either in digital or printed format. We agree to provide you with a number of stock images per the agreement for use in your site with all appropriate copyright licensing. Any additional stock photographs and the time we spend searching for or taking appropriate photographs will be charged at our hourly rate, after a free initial consultation to determine if this is the best route to take.

Changes and revisions 

We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit  either your options or your opportunities to change your mind.

Any estimate or quotation given is based on the number of days that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged the hourly rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes.

Web hosting

We understand your site’s success is dependent on it being up and running. Our highly-available servers combine quality with an infrastructure of redundant hardware that makes sure your downtime is minimized. Allowing you to spend more time on what is important to you. Your site(s) will be hosted on a Light & Water Media LLC server and will include statistics software. We will provide management of updates as well as maintenance of the server and will charge you a monthly fee for hosting and all site maintenance and software at one of the following prices $39, $49 or $59 per month (depending on your needs) paid yearly.

Software

Because we want the best for your site, we provide the finest quality plugins from one of the highest rated plugin designers. We will also provide the best theme(s) to get the best results for your sites layout by one of the highest rated theme designers. In this process we will provide all the nessesary software for your site on WordPress.

*Credit card processing vender(s) will be provided by you. You will provide us with access to this provider so we can integrate them into your site as is needed.

Legal stuff 

We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.

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.

Copyrights 

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by you, or that you have permission to use them. When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements including stock photos that we procure or create for you on this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.

You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project. We agree to provide live full-site backups including database to a cloud storage site on a schedule defined by you.

Promotion

We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.