Terms & Conditions

Web Services Disclosure

Updates to these Terms & Conditions may change with or without notice. You are responsible for staying informed by checking this page regularly.

In engaging with Tech Maven Consulting for any purpose, you agree to these terms.

The Creation/Design Process and our commitments

We will make a judgment on whether or not we feel confident in your design request and express that to you on the work we intend to complete together. We will not bail on you without notice, unless something tragically unforeseen hinders our capability to do so. As freelance web designers, we make an honest effort to complete work in a timely and efficient manner, and generally obtain recurring work in our efforts expressed to our clients, but also have to define our limitations relative to our work, our lives, and our families. Paying the bills, living for our families, and spending waking moments with our children are priority #1 for us and should be for anyone in a similar arrangement.

We enjoy learning about things people do for a living and helping those people complete projects that allow them to work more efficiently or more happily. We expect flexibility in our clients in allowing me to use the expertise and skills we have in creating the best version of the application we can give to them, even if it isn’t exactly what they envisioned. Our designs will conform to your requests as much as they possibly can, but the process in which they are created is methodically completed in order to simulate the best quality user experience we’re capable of producing, both on the administrative side, and on the end-user side.

Project Application Longevity and the Development Cycle

The architecture of a design is a huge undertaking in developing a web application. You could build what you believe is the perfect design and then once the application finds itself live on the web you may see the need to integrate additional features or make changes. In regards to the original architecture, if you haven’t planned for this sort of customization, you may find yourself rebuilding the entire application. Although most designs we’ve encountered can be accomplished through Formidable Pro, you may run into certain barriers to the extent of which any combination of systems (your developer, WordPress, Formidable Pro, etc.) may prohibit the completion of your project.

Estimates/Payment Disclosure

  • All projects are estimated based on an hourly rate and calculation methods based on project difficulty. All projects will be billed hourly based on our determination of how the project is progressing in addition to how the project correlates to our understanding of the original project scope. Based on the project progression (misjudgment on our behalf or yours), at our discretion We may provide a discount or require additional fees. The estimate provided is what you can expect at minimum and an additional hourly rate will be applied on top of this, should the project exceed our estimate provided.
  • Depending on the feedback and correspondence needed for this project, additional billing will occur at an hourly rate that is not included in the estimate. Items include, but are not limited to; email correspondence, video conference (preferred)/voice conferences, non-standard customization research/implementation, etc.
  • Anything not explicitly laid out in the Formidable Pro documentation is subject to an additional hourly rate as defined previously in “non-standard customization research/implementation”.
  • Typically, a percentage of the quote will be due upfront to begin the project, and if the longevity of the project is drawn out, additional progress payments may be needed along the way up to the finalization of the project.
  • Formidable Pro forms support responsive design by default, but views do not. In providing support for responsive design, the project estimate may be twice that of a non-responsive design as it requires re-writing CSS numerous times based on specific widths. In addition, it may be necessary to further modify the “default” support for responsive design in forms.
  • Data Integrity

    You are responsible for maintaining a regular working backup of your website files and database that can restore your site to working order should any part of our work cause problems. We are not responsible for compatibility with other plugins, themes, or third-party code.

    It is recommended that you maintain a staging (development) environment to test any third party work (ours or anyone else) before introducing it into a live environment.

    Scheduling & Availability

    Typically, your project will be managed by a single individual of who may or may not work a regular 40 hour a week job and may have a family to attend and who may be enrolled in on-going technical training courses to further expand experience/qualifications available to you. The larger the project and the lesser amount of time available to finish the project, the more difficult it will be to satisfy your requirements, however we have numerous satisfied clients and generally have been able to meet or exceed the project expectations. However, please note that our availability to you for work on your project is limited to the variables aforementioned, including unforeseen circumstances.

    General Availability
    Monday – Friday Weekends
    8:30PM-11:30PM (CST) Varies (CST)

    As we all enjoy the Holidays and Vacations, like you, our schedule varies around those dates. Please keep in mind that the information listed above is not set in stone but is a good rule of thumb for your considerations in working with us.
    Nothing is assumed about the project that isn’t explicitly laid out in the project scope (e.g., email correspondence prior to agreeing to moving forward with the project) and anything that needs to be addressed outside of the project scope (at our discretion) is subject to an additional hourly rate. Project creep incurred will come at the cost of you the client. Although you may have a strong vision of what you expect of the work, we may have a slightly different view/approach of achieving the same goal.
    We will use all of the latest trends and methods of preventing security mishap, I/We are a small business composed of independent contractors and in working with coding developed by us and third parties, we are reliant on the resources available to us to put in place preventative measures for protecting you and your clients information. Please see “Security & Your Protection” below regarding official steps of taking security measures. I/we can’t guarantee that our work will be error-free and so can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us or our partners of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever-able from this contract and shall not affect the validity and enforce-ability of any remaining provisions.

    Security & Your Protection

    If you have any concerns about your security, we recommend that you or your client, have an independent security audit performed before, during, and after work is completed. This may be a software, team, or individual who will do analysis of code, general penetration testing, and so on. Tech Maven Consulting, just like anyone else (think of the big companies) is vulnerable to security flaws and breaches. We do not recommend creating an application that maintains sensitive user data. Tech Maven Consulting and or it’s partners or affiliates, shall not be held responsible for the security of the information collected through the design of the application you require. Tech Maven Consulting and or it’s partners or affiliates are not liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us or our partners of them. You and your clients are responsible for your own security of your information and your users.

    Terms of Service

    Client:
    “Client” is defined as representing one business (company or entity) or person (sole trader). Client may also be referred to as “himself/herself” or “his/her” or “their” or “site owner” in this document. Client may also be referred to as the staff member, employee, agent or third party on behalf the Client.

    Service:
    Tech Maven Consulting provides the client various services including, but not limited to:
    • Website Design and Development
    • Ecommerce Development and Consulting
    • Custom Website Design and Development
    • Web and Internet Consulting
    • Website Maintenance and Security
    Termination:
    Tech Maven Consulting may opt to discontinue services if an amount payable to Tech Maven Consulting is overdue or communication is found to be at an unacceptable level. In any such event, the client remains liable for the total cost of the contract including all disbursements; unless otherwise agreed in writing between Tech Maven Consulting and the client. Tech Maven Consulting may terminate any agreement immediately if the client breaches any of these Terms & Conditions, or if he/she is a company going into insolvent liquidation, or if the client is a person and he/she has declared bankruptcy, or if the main point of contact/clients opinion of the work and/or the scope of work changes and/or if contractor/client find disagreement in the agreed to service scope. All money paid to this point will be non-refundable and both parties (contractor/client) will part ways.

    Tech Maven Consulting reserves the right to discontinue services and terminate the Client at the sole discretion of Tech Maven Consulting where Tech Maven Consulting provides the Client notice in writing of said termination. Tech Maven reserves the right to use any parts of the methodologies\architecture\design\code of the project in any future works without legal liabilities against Tech Maven Consulting. Tech Maven Consulting and or it’s partners or affiliates are not liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us or our partners of them. You and your clients are responsible for your own security of your information and your users. Tech Maven Consulting and or it’s partners or affiliates shall not be held responsible for any third-party damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us or our partners of them.