Development & Content Plans Terms and Conditions

Last Updated: 15th October 2024

1. Introduction

These Terms and Conditions ("Terms") govern the provision of web development and content services ("Services") provided by Quadratic Digital - Fzco ("Company," "we," "us," or "our") to you ("Client"). By subscribing to our services, you agree to be bound by these Terms.

The services are offered under three primary plans: Solo Ninja ("Small Plan"), Professional Renegade ("Medium Plan"), and Elite Kingpin ("Large Plan"), and an additional Maintenance Plan. We reserve the right to modify these Plans and will provide you with at least 30 days' notice of any changes via email or a prominent notice on our service platform. Prices in these terms are listed as USD.

2. Service Description

Maintenance Plan

1 hour of support and maintenance per month.

Small Plan

Development of a website with 1-3 pages.
Simple site design.
Registration of one domain name, cost not exceeding $25.
Registration with 5 local business directories.
Four hours of website support or development per month.
Creation of one new webpage or blog article per month.

Medium Plan

Development of a website with 4-8 pages.
Registration of one domain name, cost not exceeding $50.
Registration with 10 local business directories.
Monthly keyword ranking report.
Ten hours of website support or development per month.
Creation of two new webpages or blog articles per month.

Large Plan

Development of a website with 8-15 pages.
Registration of one domain name, cost not exceeding $100.
Registration with 20 local business directories.
Monthly keyword ranking report.
One 30-minute consultation call per month.
Twenty-five hours of website support or development per month.
Creation of four new webpages or blog articles per month.

3. Pricing and Payment Terms

Fees for the Small, Medium, and Large Plans are $499, $999, and $2499 per month, respectively.
Fees for the Maintenance Plan are $99 per month.
Payments are due monthly in advance.
If payment is not received within 7 days of the due date, a reminder notice will be sent. A second reminder follows 7 days later if payment has still not been received. Failure to pay within 14 days of the due date may result in suspension or termination of services.

4. Website Creation and Technology

Websites are built using SvelteKit, Sanity CMS, and hosted on Vercel. These technologies are chosen for their performance and reliability. The configuration used remains our property but will be licensed to you upon completion of the website and payment of the first invoice.
If the scope of requested work falls outside the reasonable expectations for the chosen Plan, we will discuss possible adjustments. If an agreement cannot be reached, we reserve the right to terminate the Plan and issue a full refund.

5. Web Hosting

Web hosting is provided on Vercel's Pro plan, included in your service fee. Additional costs due to overages will be billed to you.
If you opt for a higher hosting plan or switch to a different provider, you will be responsible for all additional costs.

6. Content Management System (CMS)

Websites utilize Sanity CMS on its Free tier. Should your usage exceed the Free tier limits, additional charges will be billed to you.
If a higher tier or a different CMS is required, we will need to adjust the service scope and pricing accordingly.

7. Domain Registration

We cover the cost of domain registration within the specified limits of your Plan. If you terminate the service within the first month, the cost of domain registration will be deducted from any refund owed.

8. Directory Registration

We facilitate registration with selected local business directories but do not guarantee placement or specific results. Registration will be conducted using an email account you provide or one we create for this purpose.

9. Support and Development

Additional support or development hours are billed at $150 per hour. Unused hours do not roll over unless a separate written agreement states otherwise.

10. Content Creation and Digital Assets

Content creation is limited to capabilities within the provided CMS using existing components. Additional development may incur further charges.
Digital assets for content enrichment, such as images and multimedia from Envato or other third-party vendors, will be billed separately if not included in the Plan.

11. Communication

Communication will primarily occur through email, phone calls, WhatsApp, Microsoft Teams, and Notion. We will endeavor to respond to all communications within 48 hours during business days. We reserve the right to use alternative methods if responses are not forthcoming.

12. Client Responsibilities

You must provide all necessary content, multimedia, and logos. Access to necessary online services and platforms must also be granted to facilitate the completion of the project.

13. Limitation of Liability

Disputes related to billing, security, data, and all other concerns involving third-party services such as Vercel and Sanity CMS are not the responsibility of the Provider. The Client is expected to resolve these disputes directly with the third-party providers. While the Provider may assist in resolution, such assistance is discretionary and not guaranteed.

14. Termination

Services may be terminated by either party with 30 days' written notice. The Client is responsible for all fees owed for the current month if the services are terminated.
Upon termination, the Client will receive ownership of the completed website, digital assets, and access to hosting, domain, and CMS, provided that the first billing cycle has been completed and no refunds have been requested. If the service is terminated before the end of the first billing cycle or if a refund is requested during this period, the work completed remains the property of the Provider.
Further support or work after termination will require a separate written agreement between the Provider and the Client.

15. Amendments

These Terms may be amended with notice provided to the Client 30 days before changes are implemented. If changes are made, the updated Terms will be communicated through email or a notice on our service platform.

16. Keyword Ranking Reports

As part of the Medium and Large Plans, the Client will receive a monthly keyword ranking report. These reports provide an overview of the website's performance in search engine results for targeted keywords.
The keyword ranking reports are generated using AhRefs, a third-party SEO tool. The reports will include data such as the ranking of specific keywords, changes in rankings over the period, and other relevant performance indicators.
The accuracy and completeness of keyword ranking reports depend on the data provided by AhRefs. While we endeavor to ensure the reports are useful and accurate, the Client acknowledges that Quadratic Digital - Fzco does not control the data collected by AhRefs and cannot guarantee the accuracy or integrity of such data.
These reports are intended to provide insights into the website's search engine performance and are not to be construed as a guarantee of increased traffic or sales.
Any decisions or actions taken by the Client based on the keyword ranking reports are the sole responsibility of the Client. The Provider is not liable for any direct or indirect losses resulting from actions taken based on the content of these reports.

17. Content Credits

Content Credits can be purchased by the Client at a rate of $250 per credit. Each credit entitles the Client to up to 1500 words of written content.
Content may include, but is not limited to, blog posts, website content, and promotional articles. The specific type of content will be agreed upon at the time of commissioning each piece.
Content creation will be initiated upon confirmation of the Client’s requirements and receipt of necessary background materials from the Client. The Client is responsible for providing all necessary information and materials related to the content tasks.
Each piece of content developed using a Content Credit is subject to one round of revisions based on the Client's feedback. Additional revisions or significant changes in content direction after the initial draft has been approved will be subject to additional charges or may require an additional Content Credit.
The delivery timeline for content created using Content Credits will be agreed upon at the time of the content request and may vary depending on the complexity of the content and current workload. We strive to deliver content within a mutually agreed timeframe.
All content produced under this agreement will be original and tailored to the Client's specifications. Upon completion and full payment, copyright ownership of the content will be transferred to the Client.
Content Credits must be used within 12 months from the purchase date, after which they will expire. Unused credits are non-refundable and cannot be exchanged for cash or other services.
The Provider is not responsible for the marketing or performance of the content once delivered. The effectiveness of the content in achieving the Client's marketing or business objectives is not guaranteed.

18. Conversion of Development Hours to Content Credits

Clients subscribed to any of our service Plans have the option to convert development hours into Content Credits. Each conversion will use 1.5 hours of allotted development time in exchange for one Content Credit.
To initiate a conversion, Clients must request the conversion in writing before the end of their current billing cycle. Once the conversion request is approved, the corresponding hours will be deducted from the Client’s remaining development hours for that month.
Content Credits obtained through conversion are subject to the same terms as purchased Content Credits, as outlined in Section 18. Each Content Credit allows for the creation of up to 1500 words of written content.
Conversions are irreversible once processed. Clients should ensure that the conversion will not impact their required development needs for the remainder of the billing cycle.
Unused development hours that are converted into Content Credits do not extend or affect the expiration terms of the Credits; all Content Credits, whether purchased or converted, must be used within 12 months from the issue date.

19. CRM Integration Services

As part of our service Plans, we offer basic Customer Relationship Management (CRM) integration. This service includes embedding a webform provided by popular CRM platforms such as HubSpot, PipeDrive, or similar providers, into the client's website.

Scope of Integration The basic CRM integration includes:

Configuration and placement of one webform on the client’s website.
Basic customization of the webform to match the website’s design and branding, within the limits of the CRM's provided tools and options.
Initial testing to ensure the webform is operational and capable of capturing and transmitting data to the CRM system.

Client Responsibilities

The client must provide access to their CRM platform or create a new account if they do not have one. The client is responsible for all CRM service fees and any associated costs.
The client is expected to specify their requirements clearly, including the desired fields and functionalities of the webform.
The client is responsible for the ongoing management and maintenance of their CRM account, including compliance with data protection and privacy laws relevant to the data collected through the CRM webform.

Limitations of Service

The integration service is limited to the setup and basic customization of pre-existing webform solutions provided by the CRM platform. It does not include advanced customizations, API integrations, or development of custom CRM solutions.
The Company does not provide CRM software but facilitates the integration of third-party CRM software as specified by the client.

Support and Maintenance

Any additional support, updates, or further customizations required after the initial setup of the CRM webform are not covered under this basic integration service and may be subject to additional charges.
The Company will provide initial support for any issues directly related to the integration within 30 days post-deployment. Beyond this period, ongoing support may require a separate support agreement.

20. Site Health Check Services

As part of our ongoing commitment to maintain the performance and security of the websites we manage, we conduct monthly site health checks using tools like Ahrefs.

Scope of Health Checks

The monthly health check includes a comprehensive scan of the client’s website to identify issues related to SEO, performance, security, and other critical factors that could impact site functionality and search engine ranking.
Based on the findings of the health check, we will implement fixes for issues that are within the scope of the client’s current service plan without additional charges. This includes minor SEO adjustments, performance optimizations, and security patches.

Reporting and Communication

The results of the monthly site health check will be compiled into a report which will be delivered to the client via Notion and email. This report will detail the health status of the website, any issues found, the fixes implemented, and any recommendations for further actions that fall outside the included services.
Clients are encouraged to review the report and provide feedback or authorize further actions as necessary.

Client Responsibilities

Clients must ensure that they provide all necessary access and permissions to their hosting environment, website backend, and any related third-party services to enable these health checks.
Clients are responsible for any costs associated with significant fixes or upgrades recommended as a result of the health check that are outside the scope of their existing service plan.

Limitations of Service

While we strive to identify and fix as many issues as possible, the monthly site health check is not a guarantee of issue discovery or resolution. Some issues may require more extensive review or intervention than the scope of the monthly check allows.
The site health check is intended to maintain the site's overall health and performance but does not replace the need for comprehensive auditing or specialized consulting for advanced issues.

21. Technical SEO Services

Our Technical SEO services are designed to optimize the technical aspects of the client’s website to improve its visibility and ranking in search engines.

Scope of Services

Site structure optimization: Ensuring the website architecture facilitates efficient crawling and indexing by search engines.
URL optimization: Structuring URLs to be descriptive and friendly to both users and search engines.
Mobile optimization: Ensuring the website is fully responsive and provides a good user experience on mobile devices.
Speed optimization: Implementing strategies to reduce load times and improve site speed, including but not limited to optimizing images, leveraging browser caching, and minifying resources.
Meta data and tag optimization: Configuring meta tags, including titles, descriptions, and ALT tags, to align with best SEO practices.
Error resolution: Identifying and fixing crawl errors and broken links that can negatively impact search engine rankings.

Implementation and Reporting

We will implement necessary technical SEO adjustments as part of the ongoing site management. These adjustments are aimed at maintaining or enhancing the site's search engine rankings.
A report detailing all changes made, along with an assessment of the site’s SEO health, will be provided monthly. This report will be accessible via Notion and emailed to the client for convenience.

Client Responsibilities

The client is responsible for providing timely access to their website and its hosting environment, as necessary for implementing technical SEO practices.
The client is encouraged to communicate any specific concerns or objectives related to their site’s SEO to ensure that our services align with their overall marketing strategy.

Limitations of Service

While we endeavor to enhance site performance and search rankings through technical SEO, changes in search engine algorithms and online competition levels can impact results. We do not guarantee specific rankings or increases in traffic.
Recommendations for significant overhauls or redesigns that may emerge from our technical SEO assessments might involve additional costs and will require the client’s approval before proceeding.

22. Limitation of Liability for Client-Initiated Changes

Client Changes and Liability

While we strive to provide high-quality web development and SEO services, the Company is not responsible for any issues, errors, or website malfunctions that result from changes made to the website by the client or third parties authorized by the client.
Clients are advised to consult with us before making any significant changes to the website’s structure, content, or functionality. This consultation helps prevent potential impacts on the website’s performance and search engine rankings that might arise from uncoordinated modifications.

Notification and Approval

Should the client wish to make changes, we request to be notified in advance and, where appropriate, involved in the planning and implementation of these changes to ensure that all modifications are compatible with the existing web infrastructure and SEO strategy.
We reserve the right to review and approve any client-proposed changes that may affect the technical aspects of the website or its SEO performance. Failure to obtain such approval may void any existing service guarantees or support terms.

Rectification of Issues

In the event that client-initiated changes result in website issues or a decline in SEO performance, we will offer to diagnose and rectify these issues. Such services may incur additional charges and will be provided only upon agreement of the terms and costs involved.

Indemnification

The client agrees to indemnify, defend, and hold harmless the Company and its agents from any liabilities, losses, claims, and expenses, including reasonable attorneys' fees, related to the client’s unauthorized changes that affect the integrity or performance of the website.

23. Backup Services

Backup Provision

As part of our commitment to data integrity and recovery, we provide daily backup services through SnapShooter. These backups are designed to safeguard your website data against data loss due to hardware failure, malware, or accidental deletion.

Storage and Retention

Each plan includes backup storage up to 500 MB. Backups are retained for a period of 14 days, after which they are automatically deleted to make space for newer backups.
If the client's backup needs exceed the included 500 MB storage limit, additional storage is available at a cost of $10 per gigabyte per month.

Client Responsibilities

Clients are responsible for ensuring that their use of backup storage does not exceed the allotted amount unless additional storage has been purchased.
Clients are encouraged to regularly review their backup settings and data volumes, especially when making significant changes to their website or when their data usage is expected to increase.

Backup Access and Restoration

Clients can access their backups upon request to the Company. Requests for data restoration from backups must be submitted via email or through the client's dedicated service portal.
While we endeavor to provide prompt and accurate restoration services, restoration times may vary depending on the size of the backup and the nature of the data loss.

Limitations of Backup Services

The backup service is intended as a preventive measure against data loss; however, the Company does not guarantee complete or successful data recovery in every instance, due to potential factors beyond our control such as corruption of data or failure of backup software.
Clients are advised to maintain their own additional backups if the website or data is critical or if they require backup features not provided as part of this service, such as longer retention periods or larger storage capacities.

Negotiation of Backup Terms

Clients with specific backup needs beyond the standard offerings (such as longer retention periods or additional storage beyond the typical usage) are encouraged to contact us to negotiate terms that meet their specific requirements.

24. Initial Setup and Recurring Services

Initial Subscription Services

The initial subscription to any of our Plans includes the development of a website, registration of one domain name within the specified cost limits, and registration with the specified number of local business directories. These services are provided exclusively as part of the initial setup during the first month of the subscription.

Exclusions in Subsequent Months

In subsequent months, the subscription fee covers ongoing support, development hours, and content creation as detailed in the respective plan descriptions. It does not include a new site build, additional domain registration, or additional directory registrations unless explicitly re-subscribed and paid for as a new project.

Conditions for New Subscriptions

Clients wishing to initiate a new site build or require additional domain registrations and directory services must subscribe to a new plan as if they are a new client. This new subscription will be treated independently of any previous engagements, meaning that services rendered under this new subscription will apply solely to the new project and will not affect any existing sites or services previously delivered.

Client Acknowledgment

By subscribing to our services, the Client acknowledges and agrees that the initial setup services are one-time provisions and that any desire to replicate these services for new or additional projects requires a separate subscription and will incur the standard charges associated with the new setup.

25. Pricing Changes

Adjustments to Subscription Prices

The Company reserves the right to modify, adjust, or discontinue any of the pricing options for our services at any time. Such changes will be communicated to all clients via email or a prominent notice on our service platform at least 30 days before the changes take effect.

Grandfathering of Existing Rates

Clients who are actively subscribed to a plan at the time of any price changes will not be subject to any price increase for the duration of their continuous subscription to that plan, for a maximum of five years from the date of the price change. These clients will continue to pay the rate at which they initially subscribed, provided their subscription remains active without interruption or change to a different plan.

New Subscriptions and Plan Changes

Clients not currently on a plan, or those wishing to change to a different plan after the implementation of a price change, will be subject to the new pricing rates as of their subscription date or the date of change.
If a client cancels their subscription and later decides to re-subscribe, the subscription will be subject to the pricing rates effective at the time of the new subscription, regardless of any previous subscription rates.

Notice of Pricing Changes

Clients will be informed of any changes in pricing or the discontinuation of a plan through the communication methods stated above. It is the client’s responsibility to remain informed about any such changes by maintaining up-to-date contact information and regularly checking communications from the Company.

26. Miscellaneous

These Terms constitute the entire agreement between the parties concerning the subject matter herein and supersede all previous agreements, promises, proposals, representations, understandings, and negotiations, whether written or oral, between the parties respecting the subject matter hereof.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
The failure of the Provider to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision unless acknowledged and agreed to by us in writing.