Revised: September 28, 2016
Terms of Service (“Terms”)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before accepting Services from MH Web Design (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and customers who access or use our Services.
By accessing or using Service offered by MH Web Design LLC you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access or use our Service.
If you have questions or concerns, Please contact prior to accepting these terms.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Turnaround Time (delivery)
Our turnaround time is dependent on many factors to include, size and scope of the project, scheduled projects in front of the new project, complexity of the site or solution to be created, MH Web Design LLC operating hours and customers’ ability to provide all information requested by MH Web Design LLC for the website project in a timely manner.
On average for new websites or software / cloud solutions, turnaround time ranges from 4 to 10 weeks. In some cases turnaround time may be faster and MH Web Design LLC will keep customer updated on the progress of customer’s project. For large projects, turnaround times may be longer than average and MH Web Design LLC will keep customer updated on the progress of the project.
Hours of Operation
MH Web Design LLC normal hours of operation are from 9am to 5pm Monday through Friday. All Services offered will be completed during normal business hours. Some exceptions may apply with pre approval and advanced notice. For services during non-business hours a 50% up charge to our standard hourly rate will be applied. Please contact us if you have any questions or are experiencing an emergency.
An EMERGENCY is classified as one of the following.
- A website that is currently down and no longer live for your viewers.
- A website that has been hacked leaving you and your clients vulnerable.
- A problem with your server resulting in extremely bad performance when dealing with high user traffic.
- A problem with your server or website resulting in the search engine bots not being able to spider your website.
The following does NOT constitute and Emergency.
- Wanting to add new content (text, pictures, video, etc…) to your website.
- A drop in google rankings. (MH Web Design LLC does not have control over Google’s algorithm)
Scheduling, Payments & Penalties
Scheduling of projects is done on a first come, first serve basis. Most projects once scheduled are scheduled for a specified number of days in a row, followed be a specified number of days off the schedule. This is done to allow the MH Web Design team time to contact the project owner (customer) to verify or approve artwork and check accuracy of customer’s project. Once all work is approved and information received, MH Web Design will commence work on the project on the next set of scheduled days.
By accepting these terms, you agree that you understand that there are many ongoing long term projects with MH Web Design LLC and work may only be scheduled for a limited amount of days each week in some cases.
In order to add any project to our schedule, payment for such project must be received prior to scheduling. Once funds have been received, MH Web Design LLC will ensure that the new project has been added to the schedule. In some cases a project may not be scheduled right away; however said project will remain in its current position in the queue (list), and will be scheduled for the next available opening.
All Invoices must be paid at the time of invoice to ensure that project continues on schedule. Due to business expenses (staff, systems, tools, utilities, etc…), the operation of our business and the project flow is entirely reliant on cash flow. When a payment for a project is past due, the project can and in most cases will stall. Meaning that MH Web Design LLC; will stop work on a project, and move on to the next project. If this happens a penalty fee of up to 20% of the project total may be applied to start up the project again.
Projects over $8,000 can be broken up into multiple payments over the life of the project. In most cases the project cost can be broken up into 3 payments; 50% upfront minimum, followed by two payments of 25% if the project takes more than 4 weeks to complete. Projects that take less than 4 weeks to complete can only be broken up into 2 payments. Due to business expenses and cash flow, no projects under $8,000 will be broken up into multiple payments. Project under $8,000 must be paid in full and upfront in order to cover the costs of the project.
For Large Project over $25,000.00, Financing options are also offered. 30% of the project total is due upfront as a down payment for the first month, and the remaining balance is to be paid over an 11 month term. Interest rates vary between 12% to the highest interest allowed by law.
Project Bids vs. Hourly
Project Bids are handled differently than hourly work. When we provide a client with a proposal / project bid, we provide the client 3 payment options. Option 1: the client can pay the total amount upfront for a slight discount. Option 2: The client can pay 50% upfront and 50% during the completion week of the project. (This applies only to projects that are 4 weeks or less) Option 3: The client can pay 50% upfront, 25% at half way and 25% at completion. (Only available on projects over 4 weeks in length).
Option 3 is our standard practice as it allows our clients to work with in their company’s cash-flow.
Project bids are handled this way as well, so that we as a company have positive cash-flow to pay our development team based on Milestones in which we can hold them accountable too.
Hourly Work: in some cases such as support work for current clients we charge an hourly rate. The current hourly rate as of 09/20/2016 is $140/hr. We also charge hourly when taking on a new client requesting work on a website or solution that we did not develop from the ground up. This is done because our team has to become familiar with the programing and workflow. In most cases our team will run into trouble and will need to trouble shoot bad code or functionality conflicts. For this reason we can not provide accurate hourly estimates and must charge hourly.
Estimates & Invoices
MH Web Design LLC does not typically provide a project estimate / proposal without going through our Discovery Process.
Discovery: Is a series of scheduled meetings where MH Web Design LLC comes into our clients business from a consulting approach. The goal of discovery is to find problems worth solving for our clients that increase sales, productivity and decrease staffing. Ultimately MH Web Design LLC aims to Stream Line our clients Businesses.
For all new projects MH Web Design LLC will insure that the customer and MH Web Design LLC have a full understanding of the work to be completed prior to providing a proposal. The work will be outlined in its entirety in a Scope of Work (SOW). Only the work provided on the SOW, invoice, and/or proposal, for which MH Web Design LLC has received payment for, will be completed. Anything outside the scope of work printed on the invoice or proposal will require a new project proposal. We call this Scope Creep.
When this happens, we will do one of two things. Add the work to the project as long as client agrees to the new estimate and pays for the additional work or we will provide a new project proposal for the work which can be completed at a later date.
Pricing for Services from MH Web Design LLC may vary significantly depending upon many factors, which include: size of the project, complexity of the site to be created and the number of man hours involved to complete the project.
Pricing is also determined based on the value of what we bring to the table and the impact that the project will have on our clients business.
All projects are scoped and quoted on a Fixed Price Bases + Value of our offering. In some cases MH Web Design LLC will complete work on an hourly bases. As of 09/20/2016 MH Web Design LLC’s hourly rate is $140/hr.
For hourly support work on a website that was not designed, developed or maintained by MH Web Design LLC, the hourly rate may be increased by 20% depending on the nature, difficulty and size of the project. In some cases a full internal review of the site, software or solution is necessary prior to commencing any work. In this case additional upfront charges will apply. In the case of working on a current live site or software solution, we will make a copy of the site or software solution to work on in a Development Environment. In this case additional charges may also apply.
If a dispute arises under the terms of this Agreement, including the affixed Proposal—which is specifically incorporated herein by reference— and the relationship the prevailing party shall be entitled to attorneys’ fees and costs. Attorneys’ fees and costs shall include any that become due as a result of an appeal if such becomes necessary. If there is a payment default, MH Web Design, LLC shall be entitled to recover all costs of collection.
Default Interest and Late Fees
Any payment which is more than 7 days shall constitute a late payment and will be assessed a late fee equal to 10% of the amount due or $50, whichever is greater. Upon any default in payment, the amount due shall bear interest at the highest rate permitted by law.
If you have any questions about these Terms, Please contact us at 1-855-273-2338 or Sales@mh-webs.com