Terms of Service

Last updated July 1, 2023

Acknowledgment

The following Terms of Service apply to all goods and services provided by Rachel Lawson in conjunction with any relevant quotation and agreement provided to the Client by Rachel Lawson unless otherwise agreed in writing. Acceptance of a quote, agreement, purchase and/or use of the Services shall be considered acceptance of these terms. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. Please read these Terms of Service carefully before using this Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy. The Privacy Policy describes the policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read the Privacy Policy carefully before using this Service.

You represent that you are over the age of 18. Rachel Lawson does not permit those under 18 to use the Service.

Contact

If you have any questions about these Terms of Service, You can contact Rachel Lawson by email at info@lawsonwebdevelopment.com.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms of Service:

• Rachel Lawson refers to Rachel Lawson, sole proprietor operating Lawson Web Development.
• Service refers to the contracted work and goods provided to the Client by Rachel Lawson.
• You and Client means the individual (or company) accessing or using Services provided by Rachel Lawson.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Terms of Service (also referred as "Terms") refers to these Terms of Service that form the agreement between You and Rachel Lawson regarding the use of the Service.
• Third-party Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to Lawson Web Development, accessible from lawsonwebdevelopment.com

1. Charges

Charges for the Services are set in the quotation that the Client receives from Rachel Lawson. Quotations are valid for a period of 30 days. Rachel Lawson reserves the right to alter a quotation or decline to provide the relevant Services after expiry of the 30 days.

The project and payment plan must be discussed in a consultation meeting before a Client receives a quotation from Rachel Lawson. Quotations will either have an hourly rate or a fixed rate. Rachel Lawson has the right to choose the type of rate offered to the Client for their project. The quotation will specify if payments are to be made on a weekly basis or by pre-determined project milestones.

The Client is expected to follow the payment agreement from the quotation throughout the duration of the project. By signing the quotation the Client agrees to full responsibility of fulfilling the payments for the Service. The Client must provide Rachel Lawson with a minimum 24 hours notice from the set payment date before requesting to change their payment plan. Both the Client and Rachel Lawson have the right to terminate the agreement at any time. All payments outlined in the quotation due to be paid up until the date of termination must be paid by the Client in full. In the event the Service is terminated by either Rachel Lawson or the Client, the Client agrees to pay all remaining Charges up to the date of termination following the terms above regardless of the payment plan.

The Client agrees to reimburse Rachel Lawson for any third-party expenses necessary for the completion of the work that have been discussed and agreed upon by the Client and Rachel Lawson. Expenses may include (but are not limited to) purchase of stock images, special fonts, and graphic designs.

The Client agrees to purchase all subscriptions necessary for the Service. Subscriptions may include (but are not limited to) domain names, shared hosting plans, and all taxes/fees associated with third-party products. Subscriptions must be made by the Client. Rachel Lawson will not provide paid third-party subscription services related to the Service and can only assist the Client by providing instructions, guidance, and suggestions. The Client must give Rachel Lawson access to the subscriptions they purchase as needed for the Service to be completed.

All Charges are exclusive of tax/vat.

2. Invoicing and Payment

Rachel Lawson shall submit invoices in line with the payment plan outlined in the quotation signed by the Client. Invoices are normally sent by email, but hard copy invoices are available on request. Payment is due on receipt of the invoice by the Client.

Payment for services are due by Check or PayPal. Checks should be made payable to Rachel Lawson and sent to Rachel Lawson with the address and bank details stated on the invoice.

If the Client fails to make any payment due to Rachel Lawson by the due date for payment, then, without limiting Rachel Lawson's remedies under or in connection with these Terms of Service, the Client shall pay a fee of $50.00 for each week the payment is overdue. Such interest shall accrue on a weekly basis from the due date stated on the invoice until actual payment of the overdue amount is made by the Client. The Client shall pay the fee together with the overdue amount. In the event Rachel Lawson or the Client terminates the Service while payments are overdue, the Client is responsible for fulfilling the payments within (30) days.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Rachel Lawson's Devices, Rachel Lawson, at their discretion, remove all such material from its web space. Rachel Lawson is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Payments returned for insufficient funds will be assessed a return charge of $25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Rachel Lawson reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Rachel Lawson in enforcing these Terms.

3. Project Proposal Agreement

Upon acceptance of the quotation provided to the Client by Rachel Lawson, Rachel Lawson will prepare a project proposal agreement which outlines 1. information and details discussed in the consultation meeting, 2. the estimated timeframe of the project, 3. the cooperation required from the Client (including but not limited to providing website content, reviewing the website design, and upholding reasonably consistent communication), 4. a step-by-step outline of the plan for project completion, and 5. a copy of these Terms of Service. The Client must sign the agreement and the quotation before work on the project will officially begin.

4. Refunds

Web design and development projects require extensive resources and time. Therefore once a payment or deposit is made, it is non-refundable. If a project gets terminated, delayed or postponed by the Client, then all funds paid will be retained by Rachel Lawson, and if applicable, an additional cost will be charged to the Client for all work completed beyond what was already paid for shall be paid by the Client. All projects that are completed as defined as the scope of the work are non-refundable.

5. Client Review

Rachel Lawson will provide the Client with opportunities to review the appearance and content of the project throughout the design phase and once development is complete. At the time of each review, the Client may request changes to be made. If the changes requested by the Client are deemed by Rachel Lawson to go unreasonably beyond the scope of the project outlined in the agreement, Rachel Lawson has the right to change the agreement, quotation, and payment plan. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Rachel Lawson otherwise within ten (10) days of the date the materials are made available to the Client. After the 10 day period the Service quotation and agreement will no longer be valid, and Rachel Lawson is not responsible or obligated to provide further Service to the Client.

6. Project Timeline and Content

Rachel Lawson will provide the Client's materials by the date specified in the project proposal agreement, or at the date agreed with Client upon Rachel Lawson receiving initial payment, unless a delay is specifically stated in writing by the Client or Rachel Lawson.

The Client agrees to provide Rachel Lawson promptly with all necessary materials including (but not limited to) logos, written content, media content, design preferences, data, relevant information, and timely decision-making which may be reasonably required by Rachel Lawson for the performance of the Services. The Client will receive a list of necessary materials from Rachel Lawson which are required to complete the project. In the event the Client does not provide the necessary materials within a reasonable amount of time in such a way that Rachel Lawson believes the completion date will be impacted, Rachel Lawson has the right to specify a new completion date.

7. Web Browsers and Screen Sizes

Rachel Lawson makes every effort to ensure websites are designed to be viewed by the majority of visitors on a variety of devices. Websites are designed to work with the most popular current browsers (e.g. Firefox, Google Chrome, Microsoft Edge etc.). The Client agrees that Rachel Lawson cannot guarantee correct functionality with all browser software across different operating systems, or that the website will look satisfactory on less common device screen sizes.

Rachel Lawson cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Rachel Lawson reserves the right to charge for any work involved in changing the website design or website code for it to work with updated browser software or uncommon screen sizes.

8. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. The Client will be invoiced for work completed (including any expenses incurred, as outlined in clause 1) to the date of first notice of cancellation for payment in full (as outlined in clause 1) within thirty (30) days. The Client is not obligated to refunds of any kind even if the project is terminated by Rachel Lawson.

9. Indemnity

All Rachel Lawson's services must be used for lawful purposes only. The Client agrees to indemnify and hold Rachel Lawson harmless against all damages, losses and expenses arising as a result of any and all actions or claims resulting from the Client's use of Rachel Lawson's Service.

10. Intellectual Property

Background IP means any IP Rights, other than Foreground IP, that is used in connection with these Terms.

Foreground IP means any IP Rights that arise or are obtained or developed by, or by a contractor on behalf of, either party in respect of the services and deliverables under or in connection with these Terms.

IP Rights means patents, utility models, rights to inventions, copyright and neighboring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

All Background IP, including but not limited to any IP Rights in data, files and graphic logos provided to Rachel Lawson by the Client, is and shall remain the exclusive property of the party owning it (or, where applicable, the third party from whom its right to use the Background IP has derived).

The Client hereby grants to Rachel Lawson a non-exclusive license to publish and use such material, which may be sub-licensed to any contractor acting on behalf of Rachel Lawson. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Rachel Lawson permission and rights for use of the same. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Rachel Lawson that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. The Client shall indemnify and hold harmless Rachel Lawson against all damages, losses and expenses arising as a result of any and all actions or claims that any materials provided to Rachel Lawson by or on behalf of the Client infringe the IP Rights of a third party.

All Foreground IP shall vest in and be owned absolutely by the party creating or developing it. Rachel Lawson hereby grants the Client a non-exclusive license of such Foreground IP for the purpose of operating the website.

11. Credit and Marketing

A link to Rachel Lawson will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a Client requests that the design credit be removed, a nominal fee of 5% of the total development charges will be applied. When total development charges are less than $2,000, a fixed fee of $100 will be applied.

The Client agrees that the website developed for the Client may be presented in Rachel Lawson's portfolio, and hereby grants Rachel Lawson a worldwide, perpetual, non-exclusive license to use its name, logo and branding for advertising, marketing and promotional activities.

12. Third Party Servers

Rachel Lawson designs and tests websites to work on the agreed-upon shared-hosting server, and cannot guarantee correct functionality if the Client wishes to use a different server later on. In the event that the Client is using a third-party server, it is the responsibility of the Client and any third party host to ensure that the server is compatible with the website.

13. Post-Placement Alterations

Rachel Lawson cannot accept responsibility for any alterations caused by the Client or a third party occurring to the website once the project is completed. Such alterations include, but are not limited to additions, modifications or deletions.

14. Third Party Products

Any third party materials which Rachel Lawson agrees to provide shall be supplied in accordance with the relevant licensor's standard terms. The one-off license fee for such third party materials is included in the Charges payable pursuant to clause 3.

15. Liability

Nothing in these Terms shall operate to exclude or limit either party's liability for: (a) death or personal injury caused by its negligence; (b) fraud; or (c) any other liability which cannot be excluded or limited under applicable law.

Rachel Lawson shall not be liable under or in connection with these Terms or any collateral contract for any: (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss of, damage to or corruption of data; (h) any indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production of the website; or (j) loss or damage to the Client's artwork/photos supplied for the website, whether as a result of negligence or otherwise.

The entire liability of Rachel Lawson to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the Charges paid for the Services under this Agreement in respect of which the breach has arisen.

16. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the original provision.

17. "As Is" and "As Available" Disclaimer

The Service is provided to You "As Is" and "As Available" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Rachel Lawson expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Rachel Lawson provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, Rachel Lawson has no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Rachel Lawson are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

18. Governing Law and Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of the United States of America and the State of Michigan.

Each party irrevocably agrees that the courts of the United States of America and the State of Michigan shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

19. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Rachel Lawson directly.

20. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

21. European Union (EU) Compliance

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

22. General

These Terms constitute the entire agreement between the parties and supersedes all previous representations, promises, assurances, warranties, understandings and agreements between them, whether written or oral, relating to their subject matter.

A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

These Terms do not give rise to rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms.

No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorized representatives).

A notice given to a party under or in connection with these Terms shall be in writing and in English, by email or next working day delivery service. Notices to the Client shall be sent to the email address or address last notified to Rachel Lawson. Notices to Rachel Lawson shall be sent to the email address info@lawsonwebdevelopment.com.

23. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

24. Changes to Terms of Service

Rachel Lawson reserves the right, at Rachel Lawson's sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Rachel Lawson's sole discretion.

By continuing to access or use Rachel Lawson's Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.