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 Terms of
Service
Mitchell Marketing offers a few different services to help a website achieve greater visibility
online. In an effort to help you understand each piece of the services, we compiled these terms. If
you have any questions, please don't hesitate to contact
us.
 Ownership & Copyright
Content
All text and photos used as content in a commissioned website must be provided by the client. The
client must have ownership or written permission to use all content he/she provides for use.
Mitchell Marketing cannot be responsible for copyright infringements on behalf of
clients.
 Ownership of Web
Design
Upon completion of a website design and payment of final invoice, the client is the owner of the
commissioned website. The client may continue to use the commissioned website to promote the
client’s company or organization regardless of whether he/she chooses to continue further services
with Mitchell Marketing. The client does not have the right to resell the design or development to
other companies. The client does have the right to update, add pages onto the existing site or have
another company add pages onto the existing site using the commissioned website
design/development.
 Ownership of Website Domain
Name
Website domain names are leased from domain name registration companies. When Mitchell Marketing
registers a domain name for a client, that registration will be made in the client’s name. Upon
payment of any outstanding fees, the client has the right to use that domain name regardless of
whether he/she chooses to continue further services with Mitchell Marketing or host the site
Mitchell Marketing initially created for that domain name. Domain name renewal and renewal fees are
the responsibility of the client. If the client chooses to have Mitchell Marketing renew the domain
name on behalf of the client (a common service), a nominal service fee may
apply.
 Project
Initiation
Mitchell Marketing cannot complete your website if you are unable or do not provide content (text,
photos, etc.) Therefore, we require 1) your content in final form, 2) your signed contract and
deposit before we begin work. Having said that, a typical website will take about 30 days. Larger
sites may take longer, and smaller sites may take less time. In order to develop your website in a
timely manner, it is important that we have all your final version content ready to go. Mitchell
Marketing is happy to consult with you about content that you may need, including written content,
images, logos, and related information. Again, once we receive all your content in final form, your
website design can begin.
Scheduling
Mitchell Marketing officially schedules projects upon receipt of the signed contract and deposit.
Your content will also need to be ready by the dates agreed upon within the contract. It's common
to have initial discussions about the project (such as a pre-design questionnaire), work out the
contract details, and schedule the project to begin a few weeks later to allow you to gather your
content, images, and other materials needed. You may want to get started gathering your content
now, even if you’re not able to start your web project for a few
months.
 Content
Submission
All content must be submitted electronically via email (contact us for the correct email address),
FTP (contact us for upload link) or on CD mailed to our San Diego office (contact us for
correct mailing address). Both text and photos/graphics must be clearly labeled with the name of
the page on which it will be displayed. Content may not be submitted via fax or paper copies.
Exceptions to this policy must be approved in advance and will incur a
surcharge.
 How Much Content May Be Submitted Per
Page
Due to load time considerations and the flat rate charged for
website pages, there is a limit on what can be included in a single web page. A web page can
hold the equivalent of about 2 ½ pages of the content that would typically fit on an 8 ½” x
11” piece of paper. Please keep this in mind when gathering your content. This will also help
you determine how large a site you require, what your costs may be and help you edit your
content into final form before submission. If the content is straight text without any
pictures, tables, graphs, etc., this equates to about 2000 words. If there are pictures, or
tables, etc., then less text will fit. Additionally, a web page may include up to about six
photos on a page.
 Updates/Revisions
Updates/revisions are billed in 30 minute increments. To give you an
idea, this is about enough time to add about five pre-edited photos and a few paragraphs of
text. Routine maintenance which fits into the allotted time specified in a
pre-arranged monthly maintenance plan is typically completed in 2-4 business days.
If a client on a monthly maintenance plan requests more than the scheduled amount
of maintenance, a quote will be given and, if approved, the additional work will be completed
at a discounted rate of $60.00 per hour and the turnaround time will be based on workload
issues. Clients who are not on any pre-arranged maintenance plan may request website updates
at the full $75.00 hourly rate, billed in 1/2 hour increments. For example, a 1/2 hour of
changes is $37.50. Monthly maintenance plan fees are separate from hosting fees and may be
cancelled at any time (see details under the Termination of Services
section).
 Can We Manage Updates
Ourselves?
Absolutely! We can create or redesign your site so that you can easily update content yourself
with popular CMS programs such as WordPress or Joomla. For those who don't
know any HTML code, we provide XSite Pro custom templates. For less than $300 you can
purchase the award winning WYSIWYG (what you see is what you get) editor, to maintain your own
updates. If you have any questions along the way, or if you would still like to contract our SEO
service, we’re here for you.
Fees
Please contact us for a quote for your site design. Additional pages
are billed at $125 per page. Please note that a 'page' is considered the equivalent of one printed
8-1/2" x 11" page. Additional services such as: are billed at our hourly
fee.
 Payment
A
deposit and signed contract are required before beginning our work together. Generally
speaking the deposit is one-third to one-half of the total amount established in the contract.
For larger projects or longer time frames, incremental payments may be due along the way, as
defined in the contract. Upon completion of your website, the final balance is due. As soon as
final payment is received, your website will be uploaded (via ftp) to your registered domain
name. Any additional work not included in the contract is added to the balance. Payment in
full is required prior to uploading the pages of your Website (or sending the files to you via
email or postal mail). Payment for monthly services such as Hosting, Design Maintenance and
SEO Maintenance are “pre-paid” services payable via PayPal. Payment is due on the 21st of each
month for the proceeding month’s service. Clients experiencing financial hardship should
contact Mitchell Marketing to discuss payment options in lieu of termination of services. A 1%
per month late fee for any invoice past due of 30 days will be
incurred.
 Termination of
Services
If a client should change their mind about doing work with Mitchell Marketing during the course of
the project initiation phase, no harm, no foul - we shake hands and walk away. However, once we
have received your content in final form, your signed contract and deposit and have begun work, the
client will be responsible for the amount of work already completed. Depending on the amount of
work completed at the time of cancellation, this may mean receiving a full refund, a partial
refund, no refund, or owing additional fees. In order to protect clients from unintentional service
interruption, clients wishing to terminate any services must request the service termination in
writing. If a client received a discount as an incentive to commit to 12 months of hosting and/or
maintenance, and if the 12 month commitment has not passed, the client is responsible to pay for
the amount of the discount received. Mitchell Marketing reserves the right to change these terms of
services at any time for any reason.
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