Terms of Service Agreement

For customers website development, or other services provided by Phoebe Gal Friday. 

Following are terms of services for website development services provided by Phoebe Gal Friday (PGF). The customer shall provide copy (text), images and any other information necessary for PGF to website development services. Any information not provided at sign-up will be requested by Phoebe Gal Friday and provided by the customer. Signature on our order form, or submission of an online order for service, indicates agreement to these terms of service.

1. Payment Terms Website Development:

A. Custom Website Development: PGF requires a minimum of 50% down payment on all custom website development and design services. Down payment on website development is non-refundable, and down payment amount may be modified at PGF’s discretion. The final balance is due 15 days from completion of website development project. Should a development project span more than 30 days, customer will receive progress billing in the amount of at least 25% of the remaining balance each month, beginning on day 30 of development. Ongoing website maintenance and updates are billed on the 1st calendar day of the following month.

B. Semi-Custom Website Development: PGF requires the first month for semi-custom website subscription services, and full payment for any add-ons, upon order completion and prior to development. Monthly service will be billed on the first day of each calendar month, for as long as the service remains active.

2. General Payment Terms: Payment is due 30 days after the date of an invoice for all services. Accounts are in default if payment is not received 40 days after the invoice date. If customer pays by check that does not clear, the customer is immediately in default and subject to a returned check charge of $35. If you default, you agree to pay PGF its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

3. Governing Laws: Phoebe Gal Friday’s office is located in New York, NY. This agreement will be performed in and governed by the laws of the State of New York. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. PGR reserves the right to discontinue service for violation of any of the conditions of this service agreement.

All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.

4. Third Party Networks: Any access to other networks connected to PGR’s Web Design’s network must comply with the rules appropriate for that other network.

5. Content and Terms of Use: All services provided by Iceberg Web Design may be used only in accordance of the law. Storage, documentation, transmission, or presentation of information or data that violates US Federal, State, or City law is strictly prohibited. This includes, but is not limited to, copyrighted or plagiarized material, racist or threatening material, material that is obscene, pornography, “adult only” content, or material protected by other statute.

6. Adherence to Proposal: It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by PGR. Should services or resources fall above the scope of the original proposal, PGR reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or net 15 days, at PGF’s discretion.

7. Project Timeline: It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by PGF will result in delay of project, or risk putting the project on hold. PGF may invoice customer for additional resources should the delay of a project interrupt PGF’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.

8. Website Copyright: The copyright on a custom website is transferred to the website purchaser after full payment has been received for the website. If copyright transfer has been processed, customer may receive a full backup of their website upon cancellation. This backup will include the entire file structure in a .zip file and, if applicable, an SQL file containing the MySQL database dump.

9. Website Go Live and Access: A project is considered complete when full development scope has been reached, and project is approved by the customer. Should customer request changes beyond what was agreed to in the original proposal, PGF may complete these changes at additional cost. Once a project is considered complete, customer has one business week to launch the website, or provide PGF with credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay go live date, and may incur additional expenses at PGF’s discretion. Once a project is complete, all changes requested will fall under PGF’s standard website maintenance schedule. Account access to website and written or verbal training, as agreed to in the initial proposal, will be granted only after final payment for the project is received by PGF.