Terms Of Service

The Experience

We want this project to be a fantastic experience for everyone. Therefore, we have listed several topics we have encountered in our experience that could adversely affect the production process.

  • This is a custom project. I acknowledge that new features, changes, and discoveries may arise and will affect the timeline and scope. This is an inevitable part of building a quality site.
  • Digital Ignition has made assumptions on turn-around time like meeting assistance and approval delay (one week). The client acknowledges that this project will be given priority attention. Otherwise, Digital Ignition will adjust the remainder of the milestones accordingly and the proposed end date will not be guaranteed because it could adversely affect resource allocation.
  • When the Client gives approval on any deliverable, it is considered final. If the Client reverses an approval or requests a change on a previously approved deliverable it will affect the time and cost of the project.

Collaboration is Key

This will be a collaborative project and your assistance and involvement are necessary for a successful outcome. Assistance will include but is not limited to delivery of relevant information, meeting participation, project feedback, and approval. If this assistance is not provided in a timely manner, Digital Ignition is not bound to previously agreed-upon production schedules.

Mandatory Approvals

Digital Ignition has developed a proven methodology for delivering the scope of this project. During the development process, there are major milestones marked by client approval and sign-off. Our forward movement on this scope is built on these approvals. If the Client requests changes that have already gone through the approval process, the changes will be considered out-of-scope and Client may be charged for additional hours incurred.

Invoices and Payments

Invoices will be due within 15 days of receipt.
Any services requested by the Client that fall outside the defined scope of work in this agreement will be subject to additional charges based on a time and materials basis. These charges will be outlined in a Change Order that requires Client approval.
In the event of payments being significantly overdue, we reserve the right to suspend work or discontinue services until the outstanding payments are resolved.

Additional Billable

Unplanned components, ideas, revisions, and project scope happen on occasion. When an unexpected event will incur a cost, we will notify you ahead of time and will not produce unless we receive clear approval for an increased budget and timeline. Additional time may be purchased at our current hourly rate. However, most additional projects and/or project modifications will be scoped and bid on a fixed price basis.

Additional Cost

The project pricing includes the Digital Ignition team’s fee only. Any and all outside costs including, but not limited to, equipment rental, extensions, third parties vendors, photographer’s costs and fees, photography and/or artwork license, prototype production costs, talent fees, music licenses, and online access or hosting fees, will be billed to the Client.

Software Ownership and Licensing

Any plugins utilized on your website, including WordPress and the theme, are the property of their respective organizations and require proper licensing for usage.

If your website is hosted with us, we will provide an exclusive license for your website to utilize these plugins. However, any additional plugins you request, which are not part of our standard offerings or do not have an existing license, will require you to purchase a license for exclusive use on your website.

If you are hosting your website elsewhere, we will include 6 months of access and updates for the plugins used on your website. After this period, some plugins may require you to obtain your own license key in order to continue using them and receive future updates.

Before installing any premium plugins that necessitate a separate license key, we will communicate with you, discuss the requirements, and obtain your approval prior to proceeding with the installation.

Developed Content

All customer and developed content defined as any and all text, pictures, sound, graphics, video, and other data, search terms, information, and developed materials created by Digital Ignition or provided by or on behalf of Client or its employees, agents, or independent contractors for incorporation into the website will remain under the ownership of Client, provided, however, that the developed content shall not include background technology or third-party products.

Copyrights

For any text, graphics, photos, designs, trademarks, or other artwork provided by you to be included in the website, you guarantee that you either own these elements or have obtained the necessary permissions and rights to use them.

It is your responsibility to ensure that all materials provided by you for inclusion in the website do not infringe upon any copyrights, trademarks, or other intellectual property rights of third parties.

We will not be held liable for any legal issues or claims arising from the unauthorized use of copyrighted or protected materials provided by you for the website.

Technical Support

Unless you have opted for our Website Hosting and Maintenance package, this proposal does not include technical support for website hosting, email, or any other services associated with website hosting. Our Website Hosting and Maintenance packages provide comprehensive support and management of your website, including server hosting, email configuration, and ongoing maintenance tasks.

Web Development Technologies

Our development process incorporates a range of coding languages and technologies to create dynamic and interactive websites.

For projects involving HTML markup, CSS templates, JavaScript functionality, and PHP server-side scripting, we are dedicated to developing them using valid and up-to-date code in each respective language. As the web browser and device landscape continues to evolve, our development approach is focused on anticipating future trends and technologies rather than catering exclusively to outdated platforms. We will thoroughly test our HTML markup, CSS styles, JavaScript code, and PHP scripts in the latest versions of all major desktop browsers to ensure optimal performance and leverage the advanced features and capabilities offered by these browsers. Our design will adapt to accommodate users of older or less capable browsers or devices, providing a user experience tailored to their software’s capabilities.

Background Technology And Intellectual Property

This includes all of Digital Ignition’s proprietary materials, information, and know-how, which Digital Ignition has already developed prior to the effective date including, but not limited to: technical information, plans, software designs, templates, processes, methodologies, procedures, reusable software (such as development tools, programs, routines, subroutines, and libraries that are commonly used by Digital Ignition in connection with and are generic to the development of, Digital Ignition-developed software or content), reusable scripts, and generic features (such as text, graphics, menus, icons and other commonly used elements that are generic to Digital Ignition-developed).

Warranties

Digital Ignition and Client represent and warrant to each other that, to the best of their knowledge, the systems and any content, materials, resources, and background technology do not and will not:

  • contain any known viruses, worms, or other computer code the purpose of which is to disable or interrupt the operating of a computer system or destroy, erase or otherwise harm any data, software or hardware,
  • contain any false, misleading, libellous or defamatory statements,
  • contain any material that is obscene, child pornographic or harmful to minors,
  • constitute an invasion of the rights of privacy or publicity of any third party, or violate any applicable Australian laws, rules or regulations.

Legal Liability

We can’t guarantee that the functions contained in any web page templates or in a completed website 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 website 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.

    Early Termination

    In the event Client is not satisfied with the work performed by Digital Ignition, then Client may terminate this proposal at any time upon receipt of written notice by Digital Ignition. Client will be charged for the work up to the date of the notice and for additional hours necessary to wrap up the project.

    Permission for Client Listing

    It is customary for consulting firms to provide lists of Representative Clients and example work in written descriptions and brochures about the firm, including press releases, internet postings, competition entries, or other communication materials. Digital Ignition may use example work as part of our portfolio, display the Client logo, and list Client as a client.

    Website Ownership

    Once the final payment has been made you will fully own the website.

    Any stock photography, graphics, or graphic elements used will be licenced for the use in this project and remain owned by the respective owner.

    Miscellaneous

    In connection with this agreement, each party is an independent contractor. This agreement does not, and shall not be construed to create an employer-employee, agency, joint venture, or partnership relationship between the parties. Client may not assign or transfer this agreement or any rights or obligations hereunder, without the prior written consent of Digital Ignition, whose consent shall not be unreasonably withheld. This agreement shall be construed and interpreted in accordance with and governed by the laws of the state of Louisiana (without regard to its choice of law provisions).