Terms and Policies Summary
These Terms and Policies have been made available on our website and are referenced on all invoices and official company documents. Road Warrior Creative, LLC will assume that you have reviewed our Terms and Policies in full prior to contacting us for services.
The purpose of this page is to provide an easy-to-follow version of our Service Agreement in an FAQ (Frequently Asked Questions) format. It uses “plain language” that is intended to be easier to read and understand, as compared to traditional legal text. You can find the full, legal text of our Service Agreement here.
Who does the agreement apply to?
This agreement applies to anyone who has contracted and/or paid Road Warrior Creative for services.
Why does your agreement include definitions of terms?
Sometimes what a word or phrase means can differ from one person to the next. We include definitions of major terms in our agreement in order to make sure that everyone’s on the same page.
What is your policy on price estimates or quotes?
Any formal price estimates that we provide are valid for 30 days. Pricing is considered to be “locked in” once you’ve signed the estimate. If your price estimate has expired, you’re welcome to contact us and ask for a new estimate.
What is your process for defining the scope of a project?
For every project, we work with you to explicitly define what needs to be done and how much it will cost. Depending upon the complexity of what’s needed, the scope of the project may be laid out as a simple one-page Work Order, or as a more detailed multi-page proposal and Statement of Work.
In most cases, work is priced on a per-project basis, determined by the scope of the work. This includes all website design/development projects, search engine/social media consultation and services, and logo design/branding services. In some cases, for smaller a la cart services, hourly pricing may apply. You will be notified prior to the start of the project how your project is being priced.
What is your policy on website hosting and access/authorization?
If we’re building or modifying your website, you will be responsible for paying for website hosting and domain registration. We do offer hosting and support packages, if you would prefer to host your website with us and not a 3rd party provider. We especially recommend this if you will be seeking regular, ongoing support.
If we are doing work on your website, in addition to administrator-level access to your WordPress dashboard, we will also need access to both your domain registrar and current hosting provider (in some cases this is the same company). In some instances, we may also need access to your existing Google Analytics, Search Console, Adwords, and/or social media profiles.
How do you handle changes to a project that’s already underway?
We will sit down with you and go over the desired changes in detail. Once everyone is on the same page, we’ll put together a Service Change Order for you to review and authorize. After we receive your authorization, the agreed upon changes will go into effect. Some changes to projects may include an additional cost, depending upon our initial agreement and the changes being requested.
How will you let me know what’s needed from me?
Throughout a project, we may need you to send us information or materials in order to get the job done. All content or approval requests will be made in writing via email. You will also be provided with a Dropbox link to upload any files you may need to send to us.
We will do our best to let you know what we need in advance. However, it’s important to understand that any delays in getting us what we need, will likely also create delays on our end. We often schedule projects weeks and even months in advance. This means that staying “on time” is very important to our process. In the event that any requested information or materials are delayed by 30 day(s) or more without adequate communication from you, we reserve the right to cancel your project.
What is your approval process for completed work?
Once completed, we will send over the finished work. You will have two weeks to review and provide either comments or final approval/acceptance. If we don’t hear from you within two weeks, we will assume that our work has been accepted and the project will be closed.
How do you handle training?
We are happy to provide training to our clients and can build training into the scope of just about any project. Most new website development projects include 1.5 hours of training, broken into two 45 minute sessions – one immediately following project launch and one approximately 30 days later. Training may be in-person in Fort Collins, Colorado for local clients, or via video conference for those unable to meet in person.
Training sessions let our staff share their knowledge and expertise with you. For that reason, we will not use time designated for training to perform any other services.
Outside of scheduled training sessions, we will also install instructional videos into your WordPress dashboard for you to refer back to at any time, and we are happy to answer any questions you might have about how to manage your website, Google Analytics, or online marketing. Please send us an email to firstname.lastname@example.org
What are your payment terms and hourly rates?
These are our basic payment terms and rates:
- We require a non-refundable 50% deposit prior to commencing work. After work has been completed, we will send an invoice for the final amount due.
- Our standard payment terms are NET 21, unless otherwise stated on your invoice’s due date.
- We accept most major credit cards and bank checks.
- For a la carte work, our hourly rate is $90.00 per hour.
- For emergency after-hours work (i.e. holidays, nights, and weekends outside of regular business hours (9-5MST Monday-Friday)), our hourly rate is $135 per hour. NOTE: As a policy, we will not perform after-hours work unless you request us to do so.
- You are responsible for any and all taxes levied on our service fee(s), except income tax.
- Due to the nature of the services we provide, we do not offer refunds for any reason.
We will always strive to work with our clients in order to ensure that payment terms are being met. The following are additional terms for past-due invoices:
- Past due invoices are charged a one-time 10% late fee.
- After 30 day(s), we reserve the right to take offline anything resulting from the unpaid work.
- After 90 day(s), we reserve the right to sell the outstanding debt to a 3rd party collections agency.
How long does this agreement last and can I cancel it?
This agreement will stay in effect until it is formally terminated by either you, or us. Either one of us can terminate the agreement “for cause” if one or more of the following is true:
- There is a past-due payment owed
- One or more term(s) of the agreement continues to be violated after 30 day(s) written notice
- One person becomes unable to pay his/her debts and files for bankruptcy or similar
Either one of us can also terminate “for convenience” by providing 30 day(s) written notice. Regardless of how this agreement comes to an end, certain provisions will still remain in effect for certain period(s) of time. Simply ending the agreement will not absolve either you or Road Warrior Creative of any monetary charges, indebtedness, or other liabilities that arise from this agreement.
Projects that are cancelled in this way may be reinstated. In order to reinstate a cancelled project, you must pay a reinstatement fee equal to 10% of your total project fee. (e.g. If you are reinstating a $1000 project, your reinstatement fee will be $100.) We reserve the right to refuse requests for reinstatement.
What is your policy governing intellectual property rights and licenses?
Assuming prompt payment of all outstanding project fees, anything that we build in connection with your project is considered “work for hire” and will belong to you, the client. We do retain the right to:
- any drafts or early works associated with your project that did not make it into the final version
- publish and/or display the final version for the sole purpose of promoting our services and/or receiving professional recognition
- maintaining a byline or design credit in the final version, typically as simple and discreet text reading WEBSITE BY ROAD WARRIOR CREATIVE (Note: Does not apply to logos/graphics.) You may purchase the right to remove our byline for a one-time fee equal to 10% of your total project fee.
Of course, anything that we built or conceived before your project started or that is external to your project, remains our exclusive property.
Please note that most work related to WordPress websites falls under the GNU General Public License (GPL). The GNU General Public License is a free, copyleft license for software and other kinds of works. This means that in most instances you will not have the ability to trademark your website’s code or expect that all parts of it are/will always be unique to your website.
What is your standard warranty? Are there any limitations?
Yes, we provide a warranty. Here is a “plain language” version:
We guarantee that we will provide services in a professional manner, utilizing common best practices for our industry, and that our work will adhere to the scope and specifications outlined for your project. This guarantee/warranty replaces all other warranties, whether written or verbal, implied or explicit. If we have breached this warranty, your sole remedy is to have us repeat and/or re-deliver the original services at no additional charge.
Additionally, you agree that any materials supplied by you must be your property, and that we can not be held liable for the work of any 3rd party hired by you.
Do you have any additional warranty information for website projects?
For 30 days following the completion of your website project, we will make any additional changes/fixes that are within the scope of your statement of work or work order for no additional cost. For websites that are on one of our managed hosting and service plans, at the growth level or above, we will update plugins and troubleshoot/correct any update errors at no additional cost.
Explain your limitation of liability policy in plain language.
Our liability can not exceed the total dollars paid to us by you, over the 12 month period leading up to the event or occurrence that caused any such liability. Additionally, neither Road Warrior Creative nor you can be held liable by the other for any additional punitive damages. These limitations do not apply to liability claims that are based upon fraud or willful misconduct.
Explain your indemnification obligations policy in plain language.
You agree to indemnify and hold harmless Road Warrior Creative and our affiliates from any and all losses, damages, costs, liabilities and expenses (including any reasonable attorneys’ fees) which Road Warrior Creative and its affiliates may suffer resulting from:
- your breach of any part of this agreement or a statement of work
- your content or materials, any content or materials delivered by us, or the end user’s use thereof
- violation of any applicable law by you or anyone representing you or your business
- any infringement(s) of any intellectual property rights that are not directly attributable to content or materials delivered by us
- any other claims or actions by 3rd parties related to the use of content or materials delivered by us
- any compatibility issues arising from of your content, materials or required software/hardware
- any claims or actions by 3rd parties alleging death, bodily injury or other damages as a result of products or services sold by you or your company
Explain your confidentiality policy in plain language.
Road Warrior Creative will hold any and all confidential information disclosed by you in the highest confidence, unless otherwise required by law or court order. Likewise, we expect you to not share any confidential information we may share with you.
What if there’s an emergency and I need to delay my project?
Both you and Road Warrior Creative are able to delay a project as long as the other party is notified in writing within three (3) days. Every reasonable effort should be made to accommodate the delay and work around any limitation(s) it imposes, with the ultimate goal of keeping the project as close to its originally intended timeline as possible. The following events are considered excusable:
- anything classified as an “act of God” — inclement weather, natural disaster, etc.
- war, threat of war, civil disturbance, or similar events
- any enforceable law or regulation that disrupts or delays progress
- strikes, lockouts, other labor disputes, or unreliable materials
- disruption of telecommunications, necessary 3rd party services, or other utilities
- 3rd party hardware or software failure
- the inability to obtain content or materials needed
Explain your general provisions policy(s) in plain language.
- The working relationship we have with you is as an independent contractor.
- Our agreement cannot be assigned to anyone else.
- Neither of us is obligated to exclusively perform or acquire services from the other.
- Only documents reviewed and authorized by you and us can modify this agreement.
- This agreement is governed by the laws of the State of Colorado
- Any claims, controversies or litigation related to this agreement will be settled by arbitration in Larimer County, Colorado
- Warranty, Limitation of Liability, Indemnification and Confidentiality will survive the termination of this agreement for a period of two (2) years. Payment for Services and Intellectual Property will survive indefinitely.
- If one part of this agreement is deemed invalid, the remaining parts will remain valid.
- This agreement is binding and will extend to successors and permitted assigns.
- There are no 3rd party beneficiaries.
- This agreement may be delivered electronically and still be treated as an original.
How do you handle changes to your terms and policies?
We reserve the right to make changes to these terms at any time, without notice. These changes will take effect the moment they are posted, unless stated otherwise. If we make substantial changes to these terms, we will post a notification to this page. We may also send out additional communication(s) or notice(s) about changes to these terms.
Last Updated: February 26, 2017
You can find the full, legal text of our Service Agreement here.
Listed below are additional policies that we feel are useful for current and prospective clients to see and review, but that are not currently part of our official service agreement.
How We Communicate
Road Warrior Creative Primary Contact During Active Projects
For the duration of your project, the majority of communication is done via email correspondence through Basecamp or by emailing Amber directly.
Basecamp is a tool that we use to manage your project and make sure that every one is on the same page. You can simply respond to any email that is sent to you via Basecamp, and you will be provided with login information if you would like to look back through all our past communications. If you need to contact us about something that warrants a new subject or discussion thread, please email Amber directly and she will add your email to Basecamp.
Communicating via email gives us a written document to refer back to while we work, and sending it via Basecamp makes it available to everyone on our team.
Your Primary Contact
To keep communication clear we have found it is most efficient to work with a single, primary contact from your organization. It is up to this single contact to provide project updates and details to the rest of your team if this is required. If you have not already done so, please identify who will be the primary contact for your organization prior to the start of your project.
Before the project begins we have a combination of emails, phone calls and in person (or video conferences) meetings to get everything off to the right start. You will also receive a detailed welcome packet with any information that pertains to your specific project.
Once the plan is rock solid and we begin working on the deliverables, we mostly communicate via email, as described above. We will have a scheduled weekly phone call with you to let you know how everything is going and to make sure we have everything we need from you to keep moving forward on schedule.
If you need to communicate with us, the best way to do so is via a short email so we can keep all project details in writing. For anything that will take more than 5 minutes to explain or understand then we’ll need to schedule a phone consultation or we can chat at our next weekly session.
Ongoing Projects and Occasional Support
Once your initial project is complete, the primary email address contact for all questions and requests will become email@example.com. Emailing this address will create a support ticket in our help desk, will notify all necessary team members, and can help us to ensure a response as quickly as possible. Please note that if you email Amber or Chris directly with support requests and technically questions, it may result in a slower response time.
What We Need Before We Can Begin Your Project
Initial needs will vary based upon the work you are hiring us to do, but in order to guarantee success, we often need the following information from you before we can begin. Please note, the information below is provided as a reference – upon contracting with Road Warrior Creative, you will be provided with a list of needs that is specific to you and your project.
Access Information For Any Relevant Platforms
Depending upon the work we are doing for you, we may need administrator access to the following platforms:
- Existing WordPress website(s)
- Domain registrar and/or hosting account
- Google Analytics
- Google Search Console
- Google Adwords
- Social media accounts we will be managing
- Any third-party websites or tools you want integrated (I.e. payment gateways, email newsletter platforms, etc.)
We Need All Content Before Beginning
Content is essential and we need to review everything that will be used in this project before we get started. This includes all of your text content, photos, products, pages and anything that will be used as part of the project.
In some instances, we may agree to begin without all required content and can build out your website with demo content. This is a less idea scenario and we would like to encourage you to gather missing content as quickly as possible.
How We Collect Content
To receive your content we’ll send you a Dropbox email link. You will be able to upload all files via this link so everything can stay organized. You are welcome to organize things into various folders on your computer and upload a zip file if additional organization may be helpful.
Many clients provide us with webpage text in Word Documents – this works well, but please remember to upload your images separately and not insert them into the document. If images are to be used on specific pages, we recommend naming the image with the name of the page or notating the image file name in the applicable Word Document. Alternately, you can organize them into clearly labeled folders and upload a zip as described above.
Logo & Brand Guidelines
We strongly believe in a consistent and coherent brand that extends through all business interactions. To achieve this, it’s important that we have access to your established brand identity before we start working.
The best file format for logos on the web is PNG with a transparent background. The best format for packaging or print design is a vector EPS, preferably in CMYK color mode. If you do not have these file types but have a layered AI file, we can create the appropriate files for you.
If you have a styleguide with specific HTML color codes and fonts, please upload it to Dropbox. This will ensure that we can follow your brand guidelines as closely as possible. If you do not have a styleguide, we will do our best to pull colors out of your logo and find a matching font for use in the website.
Some of our clients like to choose their own web fonts. We recommend Google Fonts for this: https://www.google.com/fonts. If you have identified a specific font you would like to use, you can email Amber the name of the font or a link to it directly on the Google Fonts website.
If stock photos are to be used then it will be up to you to purchase these or download them from a free site, unless we have included stock photos in your project. If stock photo research is required, then we will charge our hourly rate in addition to the cost of the photos.
If the content is not high enough quality, which may include poorly worded pages, pages without enough text, or low-quality photos/images, then we will advise that the content be modified to an appropriate standard. If you are unable to create this content, we are able to offer copywriting services and may be able to help you find a photographer in your area.
Please note that delays in providing all necessary content may result in a delay in your project.