Terms of Service

Website Development and Maintenance

Website Development and Maintenance

Terms of Service

Overview

This agreement outlines the terms under which the Company’s services will be offered.  The Company, Red and Black Ink, LLC and Danita Smith, will hereafter be referred to as the “Company,” “me,” “I,” “we”, “us” and the customer will be referred to as “customer,” “you,” “your.”  See specific terms below.

This Terms of Service Agreement covers:

  • Domain name registration

  • Development of the website

  • Content of the developed website

  • Updates, launch and maintenance of the website

  • Cancellation of service

  • Execution

  • Warranties and liabilities

  • Ads

In addition to other content.

General Explanation

The Company will provide web design and development for you, directly and through third party vendors, which will include:

  • Registering a domain name

  • Securing private domain name registration

  • Developing a website

  • Securing hosting for the developed website

  • Providing advice on social media avenues that might help enhance the success of your website.

  • Providing updates to the content of the website up to 24 times per year (one - two times per month).

  • Providing updates to the content of the website more frequently (i.e., once per week) for a higher monthly price.

Video creation of one custom video from images you provide to highlight your skills, hobbies or business.

Domain Name Registration

The agreed upon domain name will be registered to Red and Black Ink, LLC P.O. Box 83924 Gaithersburg, MD 20883.  For security reasons, it is customary to add private domain registration to all domains registered.  Therefore, private domain registration will be secured.

Transfer of Domain Name

If you wish, at any time to discontinue this agreement, you may request to have registration of the domain transferred to the appropriate registrant, for a small fee (depending upon the fees charged by the registrar and time needed to do the work).  This will require changing of the registrant’s information with the appropriate authorities (which may initiate a 60-day waiting period), then transferring the domain name to the hosting/registrar company of your choice.  

You will need to submit this request in writing at least ninety days before you wish to take ownership of the domain, in order to ensure enough time for the transfer to take place (it could take place much quicker than this).  See also “Cancellation of Service” in this agreement.

Development of the Website

Red and Black Ink will develop a website for you in the following ways:

  • At least 2 - 4 initiation/input sessions will be conducted to gain an understanding of your needs and goals, then to review drafts of the website.  The initiation/input sessions can take place in person, on the phone, over video chat or through email communications if needed (in-person or video conference is preferred).

    1. The initial session will require you to share your goals for the website, to discuss your overall mission for the project, site, business, etc.   I will also discuss what kind of information I might need from you in order to make your website standout (i.e., images, your backstory, video, etc.).

    2. A draft of the website will be completed with the input I receive from you.

    3. Once you indicate in writing, via email, that you are satisfied with the website and are ready to launch, the site will go fully live for all to see, once you begin monthly maintenance payments.

    Because there is a time commitment and monetary outlay on the part of the Company to develop the website, an initial setup fee will be charged before work can begin.  This does not preclude an initial discussion about the work that can be done.

    Content of the Developed Website

    You retain ownership of all images, text, video or other materials you submit for use on the website.

    The website itself may be built on some open sourced or licensed products and/or with code written by me (the Company).  In such cases, that content is owned consistent with the licensing agreement with which it is used.

    Customized Code

    From time-to-time there may be a need for the Company to add customized code to your website, in order to add increased functionality or to display content.  In such cases that code is owned by the Company.

    Copyrights

    You are responsible for the images, media, or materials of any kind that you submit for use on the website in terms of its legality of use.  You are solely responsible for ensuring the content meets copyright and legal requirements.  

    You will hold myself and Red and Black Ink, LLC harmless for any dispute over copyright use for any content you submit for the website.

    Violations

    If the content submitted for the website is objectionable, profane, or illegal in anyway we reserve the right to discontinue the website or to not display the content at our sole discretion. 

    Your Content Goes with You

    If you wish to cancel your website service at any time, you retain all rights to the images, media, and materials you submitted for the website and are free to go create another website with your content.  See also, “Cancellation of Service.”

    Updates, Launch and Maintenance of Your Website(s)

    If you have agreed to launch, after the initiation/input sessions, the final version of your website, you must begin monthly payments for your website to be officially launched and maintained.

    • This will give you up to 24 updates per year (one - two updates per month) of changes you wish to make to your website.

    • You will need to submit those changes in writing in order to ensure accuracy.

    • If you need major revisions to your website (e.g., complete change of your theme, the addition of three or more pages in a one-month time period, changes to major aspects of your website’s functionality and abilities, etc.), then we will need to discuss an additional fee, which will be less than the traditional initial setup fee.  This will not replace your monthly payment in any way.

Cancelation of Service

In order to cancel the service you must give the Company a ninety-day written notice to help ensure that the registrant’s information can be changed in time and the domain name transferred.

Cancelling Your Website and Service  

If you wish to gain registrant status of the domain name for the cancelled website, be prepared to:

  • Communicate your desire to cancel in writing.

  • Indicate what name and contact information (i.e., name, address, email address, etc.) should be given as the registrant’s information.

  • Pay a cancellation fee depending upon the fees charged by the registrar and time needed for us to do the work.

  • Wait 60 days before the transfer of the domain name to a new registrar can take place, as the transfer may not take place within 60 days of a change in information of the owner/registrant.  This process may actually be much quicker.

  • You will receive an email asking you to verify the transfer of registration and ownership of the domain name. You must click the verification link within 14 days of receiving it or sooner.

  • After this is done, the domain’s registrant’s contact information will be public so that the new registrar can contact the appropriate owner (you).

  • An authorization code will be sent to you, by us so that you can use it should your new registrar require an authorization code.  This is a special passcode to ensure that the domain is being transferred from the current registrar.

  • You will then provide any necessary information to your new registrar/hosting company for the domain name to be transferred and a new website to be built with that company.  

  • You, as the registrant and owner will take care of all of the necessary steps given to you by the new registrar.  

  • Once we change the registrant’s information and provide you any necessary authorization code, we will not be able to assist you in the process of complying with the steps required by the new registrar as we will not be the registrant, owner or administrative contact once the registrant’s information has been changed.

If you wish to simply cancel your service, and do not want to have ownership of the associated domain name transferred to you, you simply need to:

  • Communicate your desire to cancel your service, in writing.  Pay any remaining month(s) of your service and your website and service will be discontinued.

  • You will give up any ownership of the domain name associated with this service and the contract will be terminated.

Warranties and Liabilities

We make no warranties or guarantees about the services offered in these terms.  As some of the services delivered will depend upon third-party vendors, such as hosting and downtime of websites, effective transferring of domain names, etc.  You agree to hold us harmless in the event that legal action is taken against you in relation to any services we offer.

The User will hold the Company, Danita Smith and Red and Black Ink, LLC harmless for any occurrence they deem unwanted, for any liability or damages, whatsoever related to any service, interaction, transaction or transmission that may take place as a result of purchasing, taking part in or participation in any of the services or goods we offer.

Advertisements

You agree to allow us to use your website, and its contents (e.g., images, text, videos, or any other material used to create the website), as an example of the type of work we have done in discussions and/or advertisements to potential customers, during your service or after the service has been cancelled.

Execution of This Terms of Service

You must agree to these terms in writing before work can begin. You must also be 18 years of age or older to enter into this agreement. 

Also:

If the website is for the benefit of, or is about, a minor under the age of 18, you affirm that you are the legal guardian or parent of that minor and have the authority to enter into an agreement on their behalf.

If the website is for the benefit of, or is about, a business, you affirm that you are the appropriate representative and have the authority to sign this agreement on behalf of the business.

If the website is for the benefit of, or is about, an organization, you affirm that you are the appropriate representative and have the authority to sign this agreement on behalf of the organization.

If the website is for your personal benefit, you attest that you are 18 years of age or older.

Dynamically Updated Websites

If you wish to have a small business website, an eCommerce website, or a professional personality website, ALL of the above terms still apply, there will, however, be a higher cost to accommodate that additional functionality required for those websites.

**We reserve the right to adjust these terms and conditions as needed.