Last Updated: April 23, 2025
These Terms and Conditions ("Agreement") govern the relationship between North Idaho Web ("Developer") and the client ("Client") for web development services, including but not limited to website design, development, hosting, maintenance, and related services. By engaging the Developer, the Client agrees to these Terms and Conditions.
1. Introduction
North Idaho Web is committed to providing high-quality web development services to small businesses in North Idaho. These Terms and Conditions outline the legal framework for our services, ensuring clarity and protection for both parties. Please read these terms carefully before engaging our services.
2. Definitions
- "Client": The individual or business engaging North Idaho Web's services.
- "Developer": North Idaho Web.
- "Services": The web development, design, hosting, maintenance, or related services provided by the Developer, as detailed in the Scope of Work.
- "Scope of Work": A separate document outlining the specific services, deliverables, timelines, and pricing for each project.
- "Subscription Plans": Recurring service plans offered by North Idaho Web, starting at $100/month, for ongoing web support and maintenance.
3. Scope of Services
The Developer will provide the Services as outlined in the Scope of Work, which may include:
- Custom web development
- Website design and branding
- Search Engine Optimization (SEO)
- Backend web applications (e.g., inventory management, CRM)
- Social media management
- Website hosting and maintenance
- Print design services
The Client agrees that the Scope of Work is integral to this Agreement and that any changes must be approved in writing by both parties.
4. Payment Terms
- Project-Based Services: Payment terms are detailed in the Scope of Work. Typically, a deposit may be required upfront, with the balance due upon project completion.
- Subscription Plans: Subscriptions are billed monthly or annually, depending on the plan chosen. Payment is due on the first of each billing cycle.
- Invoicing: Invoices are issued monthly for subscription plans or upon completion of milestones for project-based work. Payment is due within 30 days of invoice receipt.
- Late Payments: Late payments may incur interest at a rate of 1.5% per month (or the maximum rate allowed by law, whichever is lower).
5. Intellectual Property
- All intellectual property rights (IPR) in the website, design, and related materials created by the Developer shall be assigned to the Client upon full payment of the agreed-upon fees.
- The Client grants the Developer a license to use any materials provided by the Client (e.g., logos, images) for the purpose of completing the Services.
- The Developer retains no rights to use the Client's materials outside the scope of the project without explicit permission.
6. Confidentiality
- Both parties agree to keep confidential any proprietary information disclosed during the project, including but not limited to business plans, client data, and technical specifications.
- This confidentiality obligation survives the termination of this Agreement.
7. Warranties and Disclaimers
- The Developer warrants that the Services will be performed with reasonable skill and care.
- The Developer does not warrant that the website will be error-free, uninterrupted, or fully compatible with all devices or browsers.
- The Client acknowledges that ongoing maintenance and updates may be required to keep the website functional and secure.
8. Limitation of Liability
- The Developer's total liability for any claim arising out of or related to the Services shall not exceed the amount paid by the Client for the Services.
- The Developer shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, revenue, or data.
9. Termination
- Either party may terminate this Agreement upon 30 days' written notice.
- Upon termination, the Client shall pay for all Services rendered up to the date of termination.
- For subscription plans, termination must be provided at least 30 days before the next billing cycle to avoid further charges.
10. Subscription Terms (If Applicable)
- Subscriptions are billed monthly or annually, depending on the plan chosen.
- The Client may cancel the subscription at any time, but cancellation must be provided at least 30 days before the next billing cycle.
- Upon cancellation, the Client will not be charged further but will lose access to subscription benefits.
11. Governing Law
This Agreement shall be governed by the laws of the State of Idaho, without regard to its conflict of law provisions. Any disputes shall be resolved through arbitration in Bonners Ferry, Idaho, or another mutually agreed-upon location.
12. Contact Information
For any questions or concerns regarding this Agreement, please contact:
North Idaho Web
208-901-8349
hello@northidahoweb.com
13. Entire Agreement
This Agreement, along with any attached Scope of Work, constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.