On this page are a few terms and conditions set out to keep expectations and responsibilities consistent between both parties. We encourage you to review the conditions below and contact us with any questions. To quickly sum up the conditions below, FormFunction IO will custom develop according to the quote and the client agrees to work and pay according to an agreed schedule.
Common payment schedule.
Under $5000 FormFunction splits the payment into an initial 50% deposit and 50% payment on work completion.
Over $5000 FormFunction generally payments are split into phases as work is completed (generally 3-4 phases) including a deposit and final delivery.
Payment schedules can be discussed and agreed to on a case-by-case basis.
Hourly work is billed at $120 within a project and $130 outside a project unless otherwise indicated by quote.
In the quote above, the language below, and additional accompanying documents, FormFunction may be referred to as Form Function IO LCC, formfunction.io, FormFunction or Provider, and Client Name may be referred to as Client, Customer, or Receiver. The project may be referred to as web design, web development, or similar termed work definition.
- Work Timelines.
Client agrees to review and respond to revisions in a timely fashion. FormFunction agrees to provide notice of timelines after reviewing requirements and making best estimates of work needs and to then hold to those timelines unless notice is provided 24 hours in advance of deadlines. If client reviews and responses are more than 2 weeks after notice of work ready for review will add additional hours of work and modified timelines at FormFunction’s discretion.
The named client is engaging FormFunction, as an independent contractor for the specific web design project of developing and/or improving the client’s website. The client hereby authorizes FormFunction to access any accounts needed to complete the work outlined above.
- Acceptable Use.
The acceptable use of the website is determined by the client. Privacy and user data protection is the responsibility of the site owner.
- Copyright and Trademarks.
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to FormFunction for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend FormFunction and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
- Electronic Commerce Laws.
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend FormFunction and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client’s exercise of Internet electronic commerce.
- Web Design Project Copyright.
Original web site content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. FormFunction and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Payments must be made promptly based on the agreed schedule. If payments are not made FormFunction retains the right to impose a 15% of the fee due per month past the due date. If payment is late by more than 1 month Function may disconnect the site at their discretion.
- Hosting Conditions
FormFunction does not guarantee uptime. We will work to set up an will meet your needs of the project best as we can provide but any client error will require additional payment to restore and we are not responsible for conditions outside our control, environment disaster, utility interruption, so on.
- Legal Notice.
FormFunction does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will FormFunction be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor’s computer or Internet software, even if FormFunction has been advised of the possibility of such damages.
- This Agreement.
This agreement constitutes the sole agreement between FormFunction and the client regarding web hosting. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honored for 3 months from date offered. Acknowledgment of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.
- Quote Lifetime.
Quotes provided are good or 30 days from the date they are provided to a client.
This agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.
- Waiver of Contractual Right.
The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this agreement.
- Governing Law.
This agreement shall be governed by and interpreted and enforced in accordance with the laws of the State if Pennsylvania and the Federal Laws of the United States of America applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Philadelphia County and you irrevocably consent to the jurisdiction of such courts.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us to [email protected] or authorized representative, in the case of notice to you, at the e-mail address provided by you in this agreement, or in your WHOIS record for the website domain name or as updated from time to time. Mail shall be sent to FormFunction, 12 Lord Court Easton, PA 18045 and to you at the mailing address provided in this agreement or as updated in writing. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. Eastern Standard Time and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.
We love our clients. Our business is built on doing great work with great clients. Please feel free to contact us with any questions, comment, or additional inquires. Take care and have a good day!