Terms & Conditions

OKENWEB enforces the following:

1. Authorization
The Client or Clients (hereinafter referred to as "Client") engaging Okenweb  as an independent contractor for the specific purpose of designing a World Wide Web site, hereinafter referred to as "Web Design Project, " to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, hereinafter referred to as "Hosting Service," or provided on an online cloud based Wix.com account. The Client hereby authorizes Okenweb  to access this account and authorizes the Hosting Service to provide Okenweb and his designers with "full access" to the Client's account, as well as any other programs needed for this Web Design Project that are included as part of the Client's service agreement. The Client also authorizes Okenweb  to submit the completed Web Design Project to major Web Search Engines.

2. Development
This Web Design Project will be developed using the Wix.com HTML5 website editor. Wix is a cloud based program. Websites must be hosted on Wix.com only.

2a. Modifications After Approval 
In the event the client decides to request a change after approval with any rendered service, Okenweb  reserve the right to request additional payment related to the change in the project scope. Web and Graphic services will not be eligible for free revisions if the client has already approved the design(s) with satisfaction using email confirmation or the company approval form. If the client submits any changes after approval, the client will be charged at the hourly rate of US$80/per hour equating to the time it takes to achieve the new scope of work and design.

2a. Compatibility 
Designing a website to fully work on multiple browsers and browser versions require considerable effort. It could also involve creating multiple versions of code or pages. 
Okenweb  represent and warrant that the website we design for you will work on:
• Microsoft® Internet Explorer versions (up-to-date versions)
• Mozilla Firefox version (up-to-date versions)
• Google chrome (up-to-date versions)
• Safari Browser (up-to-date versions)
• Mobile phone browsers 

Keep in mind that some phones or tablets may display the website differently from a desktop computer.

2b. Responsibility of Development
While Okenweb  will make reasonable efforts to design a fully functional website, Okenweb  warranty does not cover out-of-date or text-based browsers or requested special effects that we have advised you against.  Okenweb  meet the standard at least half the current recommended guidelines for website development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our websites are available to all visitors.  Okenweb  are not responsible for website outages caused by bugs or glitches or issues with the hosting company.  However, Okenweb  will attempt to contact the hosting company to recover any documents or files lost, should there be bugs, glitches or issues that created the website to be down and/or unavailable on the World Wide Web.  Okenweb  will not reimburse any business for any loses during a website outage, under any circumstances.


2c. SEO & Ranking:

It can take up to 3 months for your site to be crawled by search engines. This waiting period is the same for all websites, not just those created using Wix. Okenweb  does not guarantee 1st page placement on the search engines, including Google, Yahoo, Bing, or any other search engine. Okenweb  may offer you SEO focused services, but please be aware the services performed by Okenweb  is not warranted and does NOT guarantee 1st page placement. 

3. Assignment of Web Design Project
Okenweb  reserve the right, and you hereby agree, to assign subcontractors to this Web Design Project to ensure that the terms of this agreement are met as well as on-time completion for graphic or web design services. 

3a. Communication 
Please be aware that sending an SMS message is not an acceptable method of communication. All communication must be through email or phone.  All emails must be sent to Hello@okenweb.com  This email address is monitored for incoming emails for a response from Okenweb . Open Hours are listed on the website and Okenweb  reserve the right to refuse communication outside of these hours.  More importantly, websites do not launch outside of these hours.

4. Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Okenweb and/or Okenweb  for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Okenweb or Okenweb  or its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

4a. Copyright
The Client agrees to provide content to us that does not infringe upon any company copyrights. The Client, also, agrees to never upload copyrighted content onto the website, even after initial publication.

5. Website Maintenance
This Agreement does not allow for minor remote website maintenance after publication. 
The Client must be enrolled in a maintenance plan to be eligible for discounted website maintenance after publication.  If the client elects not to enroll in a maintenance plan, the client will be billed US$80/per hour for any changes they request after publication. 

6. Completion Date
Okenweb  and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project. Project deadlines are not guaranteed and are contingent upon many factors. If the Client does not supply Okenweb  with complete text and graphics content for this Web Design Project within time frame specified by Okenweb , the entire deposit amount of the agreement shall be retained by Okenweb  as liquidated damages and the contract shall become null and void, at the discretion of Okenweb .

6a. Project Commence Date

Your website development starts only once all content has been received. Content includes, but isn't limited to: Business information, images, graphics, site copy.


You sign an agreement on January, 1st, 2019 for a web design project that takes 3 weeks. If your content isn't received until January, 15th, 2019 - January, 15th is when the process of 3 weeks will start, provided that is not a weekend or holiday. If so, the project will commence on the following business day.


6b. Blackout Date

Despite the estimated deadline date in your proposal, Okenweb reserves the right to not include the following dats in their work availability; Weekend days, any major holidays, including but not limited to Christmas Eve, Christmas Day, New Year's Eve, New Year's Day in the following blackout period, Christmas Day - Jan, 3rd, 20XX

7. Project Delivery
The final website design project will be published onto the hosting service of Wix.com upon receipt of final payment. The Client understands that Okenweb  does not provide any hosting services surrounding this Web Design Project.  Hosting services require a separate contract with the hosting service, Wix.com. The Client will be solely responsible for all hosting service charges.

8. Electronic Commerce Laws
The Client agrees that they are solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein.  The Client, also, will hold harmless, protect, and defend the following: Okenweb , Okenweb, and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

9. Web Design Project Copyright
The Client will be assigned rights to use the Web Design Project as a website, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, work-up files, and computer programs specifically are then transferred to the Client and remain the property of the client.  Okenweb  and its subcontractors retain the right to display these graphics and other Web Design elements as examples of their work in their respective portfolios.  All Web Design Projects display a link to the Okenweb  Website. There is no fee to remove this link, and you may do so after the project is transferred to your Wix.com account. 

10. Payments
Payments must be made promptly based on the terms of this Web Site Design Project.  Okenweb  reserve the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made prior to website launch. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred.  Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement location is in the County of Queens, State of New York, and any dispute will be litigated or arbitrated in the County of Queens, New York.  The Client hereby consents to the personal jurisdiction of the New York State Courts.  Furthermore, the Client waives any right to or claim of sovereign immunity.

11. Payment Schedule
Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the proposal, attached hereto and made a part of this agreement.  Notwithstanding any prices listed in literature or on Web pages.  The Client agrees to pay Okenweb  or Okenweb, an initial, non-refundable deposit of 50% of the total cost to start the project.  Upon execution of this agreement, the Client agrees to pay Okenweb  or Okenweb the final non-refundable payment of 50% plus any additional costs that were incurred. 


11c. Creative Difference 

In the rare event, the client, is not-satisfied with the final result of the website design project produced by Okenweb , the client may decide to not pay the remaining balance. However, the initial deposit remains non-refundable, and acts as compensation for the designer's time.

11c. Project Reactivation
We reserve the right to charge a US$150 reactivation fee when there is no communication between Okenweb  and the client(s) 30 business days or more.  For example, this includes not receiving content in a timely manner, and/or not receiving feedback in a timely manner.  Upon second occurrence, the reactivation fee will increase to US$250. Upon third occurrence, the contract terminates, and any payment received with be forfeited in full – not refunded back to the Client.

12. Legal Notice
Notwithstanding anything to the contrary contained in this contract, neither Okenweb nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free.  The entire risk as to the quality and performance of the Web Design Project is with the Client.  In no event will Okenweb and/or Okenweb  or any third party be liable to the Client for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, yours or your computer site visitor or Internet software, even upon being advised of the possibility of such damages.

13. Agreement
This Agreement constitutes the sole agreement between Okenweb  and the Client regarding this Web Design Project.  Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized in writing signed by both Client and Okenweb . The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications must be in writing and signed by both parties.

This Agreement begins with an initial payment of {50 percent} representing a non-refundable payment.​

Last Revised 5/1/20


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