Terms & Conditions

This Services Agreement contains the complete terms and conditions which govern your subscription of Website Design, Development, Ecommerce, Maintenance, Marketing and all other Internet-Based digital or technical services provided by Spenny For Hire. You acknowledge that you (the Client) have read this Agreement, and you agree to its terms and conditions and all policies posted on the Spenny For Hire website https://spennyforhire.ca.

Acceptance of Terms & Conditions:

Spenny For Hire provides services to you subject to the following terms and conditions. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client approves work to be performed by any means, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

If you utilize such services in any way, you automatically accept the terms below. Please read them carefully. If you have any questions, please feel free to reach out at any time. Any purchase or use of Spenny For Hire services implies that you have read and accepted the terms and conditions.

Hosting Access Requirements:

Spenny For Hire offers Website & Email Hosting to select Clients. If the Client’s website is to be installed on a third-party or existing hosting server, Spenny For Hire must be granted access to the Client’s website directories to allow for proper management, maintenance, and security measures to be applied. Depending on the specific nature of the digital assistance being provided, other access to server resources might also need to be required.

In the event that a website or database issue prevents the ability to login to the website through regular means, access to the hosting is required to review error logs, make database repairs, and make any adjustments required within the website installation directory to restore regular website login capabilities.

Spenny For Hire cannot be expected to manage all advanced hosting, restoration, disaster recovery, security breaches, or database related matters as part of basic general website maintenance. The Client agrees that either an appropriate maintenance package should be purchased, or that Spenny For Hire is willing to provide the heavier support for an hourly rate without being on a monthly package.

Terms of Web Design & Development Services:

Spenny For Hire provides web development, eCommerce, security, digital marketing, and technical assistance, and many other digital services to Businesses for either a package based or hourly rate. No recurring charges are required unless applicable to Hosting, Domains, Software Licenses, Annual Renewal Fees, or purchased Monthly Management or Maintenance services. Please note that specific terms and conditions may apply based on the package being ordered but will be visible in the product-specific info tabs prior to purchasing. By purchasing any service or package, the Client acknowledges having read the applicable service based terms and conditions, and all policies posted on the pertaining service based product page.

Budging for Overall Design, Development, and Maintenance Costs:

The cost of any initial website will vary a great deal depending on the level of design, development, features, styling, functional requirements, customizations, integrations, and any unique additional requests being asked for and required by any Business before, during, or after initial development. All WordPress Websites also require ongoing regular maintenance.

Consultation, Coaching, Tutoring:

Beyond initial consultation, Spenny For Hire offers Digital Coaching on a growing number of topics. Any efforts provided during a Tutoring Session that improve a clients website or business will be considered billable time.

Examples of Billable Coaching Services Include (but not limited to:)

• Project Detail Analysis & Interpretation
• Research, Development, and Testing
• Ongoing Project & Task Management
• Support Management, Collaboration, & Coordination
• Compensating for New Requirements
• Working Through Issues
• Integrations & Additional Integrations
• Workflow Customization’s
• Custom Fields & Field Mapping
• Any Consultation or Tutoring related to the Project
• And any other efforts provided that aide the project, website, or business.

Monthly Web Development Budget:

A monthly development budget can be established or purchased to allow for predictable regular monthly progress to be made until project completion. The budget can be increased within any given month to expedite project completion.

Design / Styling / Formatting, Structuring

The overall look and feel of the initial website design is usually largely a result of what is provided by the chosen Theme / Template. Spenny For Hire will recommend one or more industry related or relevant themes to choose from based on a combination of technical and optimization factors. Once the initial theme is established, Spenny For Hire can assist to make any color adjustments, applying additional styling, and apply additional topography and font setting. It is the Clients responsibility to provide all content applicable to the business. Spenny For Hire can assist if replacing any demo text and images provided by the theme that will not be needed or desired. If specific colors, fonts, and exact structuring is required, the Client must provide such instructions prior to services commencing. Otherwise, all will be chosen for the client during initial development. Any changes thereafter will be considered billable custom revisions.

Commercial Usage of Images & Content:

The Customer guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Spenny For Hire for inclusion on the website or marketing campaigns are owned by the Customer, or that they have received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Spenny For Hire and its subcontractors from any liability or suit arising from the use of such elements.

Turnaround Time and Content Control:

Spenny For Hire will install and publicly post or supply the Client’s website within a reasonable timeframe based on the size of the project and the available Client Budget. In order to expedite a faster turnaround time, additional installments or full payment can be provided to secure a greater position in scheduling.

Spenny For Hire cannot be expected to provide a fully publishable website if only partial payment has been provided. The Client agrees to not make unrealistic scheduling demands or force Spenny For Hire to adhere to unreasonable publishing dates. The Client agrees to supply all required content and information in a reasonable timeframe to allow for project completion in a timely manner.

Customer Involvement:

Spenny For Hire cannot be expected to perform Web Development, Ecommerce, or Marketing duties without the participation and feedback of the business requesting the services. Every business and industry vary in terms of functional requirements.

Spenny For Hire cannot be expected to automatically know your industry and the needs of the business or generate content without the active participation of the Customer. The Customer agrees to answer any questions and provide what is needed to Spenny For Hire to further web development, eCommerce, and design efforts.

Client Review & Proofing:

Spenny For Hire will provide the Client with an opportunity to view the appearance of the website during various stages of the website development. It is of the discretion of Spenny For Hire when Client Viewing will be scheduled. The Client understands and agrees that anything visual on frontend public-facing pages of the website is adjustable but will be billable as additional web development. It is up to all Clients to provide replacements for any demo content, text, images, or anything that the Client wishes to change. Spenny For Hire cannot be expected to write any content or information of any kind in regard to the client’s Business or Industry.

Web Browsers & Mobile Responsiveness:

Spenny For Hire makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). The client agrees that Spenny For Hire cannot guarantee correct functionality with all browser software across different operating systems.

Spenny For Hire cannot accept responsibility for web pages that do not display acceptably in new versions of browsers or mobile devices released after the website has been designed and handed over to the Client. As such, Spenny For Hire reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software or mobile devices.

Client Contact & Participation:

The Client agrees to delegate a single individual as a primary contact to aid Spenny For Hire with progressing the development in a satisfactory and expedient manner.

Failure to provide required website content:

During the project, Spenny For Hire will require the Client to provide website content such as PDFs, text, images, videos, or any other required files. All such content must be owned by the Client or allowed to be used Commercially. The Client agrees to provide all content, business requirements, additional instructions, and requests in a timely manner to prevent scheduling disruptions. Any significant delays will result in full project rescheduling & a buffer period to recover any lost scheduling time. Repeat offenders will be subject to full project termination at the expense of the Client.

If you agree to provide the required information and subsequently fail to do within 30 days of project commencement, Spenny For Hire reserves the right to close the project and the balance remaining becomes payable immediately.

Customer Conduct / Behavior:

Spenny For Hire will not tolerate any disrespectful or abusive behavior, unrealistic demands, haggling, or badgering of any kind. Any such behavior is subject to immediate termination of services at full cost to the Client. The Client will be responsible for all website transfer and decommissioning costs.

Post-Publishing Alterations:

Spenny For Hire cannot accept responsibility for any alterations caused by a third party occurring to ANY part of a Client’s website once anyone other than Spenny For Hire has access. All repairs & restoration efforts will be fully billable to the Client.

Disruption of Programming, Development, Features, SEO Work, and Other Site Conflicts:

Spenny For Hire is not responsible for the Customer overwriting website configurations, code, performance measures, or SEO work on their website that was already provided/optimized).

Any changes done by the Customer or any other party member that disrupts the website, headers, titles, tags, code, configurations, workflow, or any other functional whether it be structural, content or marketing related in nature and results in needed repairs will be fully billable to the Customer.

Spenny For Hire cannot be responsible for any damages caused by the installation of plugins, modules, or scripts installed by the Customer or any other party. Spenny For Hire also cannot be held accountable for any damages or website outages that lead to any loss in sales due to plugin conflicts, database errors, WordPress errors, domain name errors, software bugs, faulty plugins, or server outages.

Spenny For Hire may recommend the use of or purchase of tools and services to aid in web development or marketing efforts. All Fees for plugins, software, marketing tools, or special upgrades to aid in web or marketing efforts are herein payable by the Customer upon approval. No fees will be accrued without the Customer’s approval beforehand. Spenny For Hire Agency Licenses may be available at a discounted rate for certain tools.

Spenny For Hire cannot be held accountable for any hidden clauses provided by plugin providers, directories, or software vendors that result in unexpected fees for the Customer but will make every effort to prevent them.

Third-Party Website Maintenance Provider Restriction

1. Engagement Exclusivity: Upon engagement with Spenny For Hire, the client agrees to engage exclusively with Spenny For Hire for website maintenance services, unless otherwise agreed upon in writing. This will prevent any chance of a third party causing any technical issues, disrupting anything important, or any interference of any kind.

2. Restriction on Third-Party Providers: The client acknowledges and agrees that during the active period of this agreement, they shall not engage, contract, or involve any third-party website maintenance providers, including but not limited to individuals, agencies, or organizations, to perform similar or overlapping services covered under this agreement without prior written consent from Spenny For Hire.

3. Cancellation Period and Restriction Extension: In the event of a cancellation request made by the client, this restriction on engaging third-party website maintenance providers shall remain in force and extend through the entire 30 Day cancellation period specified within this agreement. The client shall not involve or contract any external parties for website maintenance during this cancellation period.

4. Violation and Consequences: Any violation of this provision shall constitute a material breach of this agreement. Spenny For Hire reserves the right to take appropriate action, which may include but is not limited to legal recourse, termination of services, and pursuing damages for any losses incurred due to the violation of this clause.

5. Mutual Agreement for Third-Party Engagement: Notwithstanding the above, both parties may mutually agree in writing to engage a third-party website maintenance provider during the term of this agreement, provided that such engagement does not conflict with the terms outlined herein and is explicitly approved by both parties.

6. Reservation of Rights: Spenny For Hire reserves the right to modify, amend, or update this restriction on third-party providers clause without prior written notice. Any such modifications shall be considered binding upon both parties upon notice.

Additional or Remaining Development:

Spenny For Hire cannot be expected to provide every remaining configuration, additional ongoing development, or any other features required during the lifetime of the website outside of the initial starter pricing or services originally agreed too. Any services requested outside of the initial estimate or package are subject to additional costs.

Due to the highly customizable and technical nature of this work, final initial costs largely depend on many factors such as the overall stage the Client is at in their web development, eCommerce, security, and marketing. The amount and level of management, pages, products, images, styling, advanced functional, and other content required is also a major contributing factor as to overall initial costs. Other factors such as adhering to pricing models, integrations, custom requests, special features, form development, autoresponders, and so many other factors all take time to implement.

Every additional customization or functionality requested before, during, or after initial publishing are all additional factors that will need to be accounted for within the configurations and programming. If the Customer needs to stay within a certain budget per month, all non-essential or additional customizations can be scheduled for after publishing time or as part of additional future orders.

Website Errors:

Since software conflicts, security threats, errors, and other issues can arise at any time without warning, Spenny For Hire can not be held accountable for any plugin conflicts, website outages, security issues, theme issues, performance issues, login issues, website spam, or any other technical issues of any kind that arise during or after web development or maintenance.

Security:

Spenny For Hire cannot be held accountable for any security related breaches of any kind before, during, or after any security hardening or maintenance. In the event of a security breach or malware infection, Spenny For Hire can be hired to cleanup and restore the website to it original functioning secure state. The Client will be responsible for All associated website security tools and firewall upgrades required to cleanup and ensure website security following heavy infection.

Monthly Maintenance & Management:

All WordPress websites require a varying amount of maintenance each month. Working through issues is a big part of web development, eCommerce, maintenance, and marketing. The longer the site is left unattended and unmonitored, the greater the chance of much larger issues and threats developing resulting in avoidable unnecessary fees. Spenny For Hire offers tier based maintenance & management packages. There are many types and levels of website maintenance ranging from basic to advanced. The Client agrees to not make unrealistic demands beyond what is included within any monthly maintenance package. An additional hourly rate applies to all additional support, troubleshooting, maintenance, requests, and additional development outside of any estimate, package, or hour of work initially requested.

Marketing Section:

For the purposes of receiving SEO services, the Client agrees to provide and or agree to the following:

• Administrative/backend access to the website for analysis of content and structure.
• Permission to make changes for the purpose of optimization, and to communicate directly with any third parties needed to perform the marketing set forth
• Access to existing website traffic statistics for analysis and tracking purposes.
• Permission to manage an admin email account to manage all marketing duties.)
• Authorization to use client pictures, logos, trademarks, website images, pamphlets, content, etc., for any use as deemed necessary by Spenny For Hire for search engine optimization purposes.

If the Client’s site is lacking in textual or visual content, the Client will provide additional text images, and other content if and when required in electronic format for the purpose of creating additional or richer web pages to aid marketing and conversion efforts.

The client must acknowledge the following with respect to SEO services:

• All fees are non-refundable.
• All pricing is subject to change without notice.
• All included features are actively updated & subject to change without notice.
• All services, documents, recommendations, and reports are confidential.
• Spenny for Hire has no control over the policies of search engines and their algorithms or the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directories.
• Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Spenny for Hire does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term for an indefinite amount of time.
• Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than “x” amount of time. This is referred to as the “Google Sandbox.” Spenny for Hire assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
• Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO. Should a listing be dropped during the SEO campaign and does not reappear within 30 days of campaign completion, Spenny for Hire can re-optimize the website/page at the regular hourly rate based on the current policies of the search engine in question.
• Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees. All 3rd party listings should be discussed prior to implementation to prevent marketing conflicts and duplicate content penalties. In some cases, Spenny For Hire can provide research and consultation services in regards to sourcing, comparison, and review of 3rd part marketing agencies & the exact services they will provide to ensure it coincides with current efforts.
• Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. Spenny for Hire does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.

Estimates:

Spenny For Hire provides starter, custom web development and eCommerce tailored to the exact needs of any business or industry. The exact final costs will vary depending on many factors and requirements. A rough estimate can be provided in some cases which act as a development blueprint & includes a certain number of hours for each group of agreed-upon services. All Services are provided on an Hourly Basis. Estimates are not an all-inclusive Quote or final cost. Maintenance, security, performance, integrations, and any other services not included in the original rough estimate can be provided separately. Any services requested outside of the initial estimate are subject to additional costs.

Scheduling:

The Customer agrees to not disrupt Spenny For Hire scheduling with unrealistic demands or turnaround times. Future web development and marketing-related requests and tasks are recorded and will be executed at the prioritization level within a realistic timeframe. The Client understands that Spenny For Hire has a pre-existing schedule and other customers. Any rush orders, evening work, or weekend work will be assessed and performed based on overall prioritization measures and the current schedule.

Logins / Passwords:

All logins, passwords, licenses, pin codes, auth codes, or any other requested access will be available upon request. All logins will be sent securely and should be downloaded immediately before the download expires. Once access has been provided, the Client is responsible for all alterations and damages caused, or any security-related breaches as a result of insecure handling and safeguarding of login info and practices.

Software Licences / Renewals:

The client will be required to renew all monthly or annual subscriptions & licenses required by the hosting provider or any additional software, theme, plugins, domain names, or add-ons of any kind required in order for the website to function.

Support:

Spenny For Hire is fully committed to remaining your goto web guy for all website technical matters. However, Spenny For Hire cannot be expected to continuously manage all admin-based maintenance, emails, renewals, spam, security, updates, and every other web or marketing-related matter free of charge. An Hourly Rate or Monthly Maintenace Fee applies to all troubleshooting, support ticket management, or technical assistance of any kind. Maintenance packages are available at a periodic, monthly, or one-time cost or provided by Spenny For Hire Affiliates and Partners.

Payment:

To secure a position in scheduling, payment is required prior to all digital services and consultation. Monthly Payments are required on the 25th of each month. A detailed receipt will be sent at the end of each month. Payment(s) can be made via Website Checkout, Credit Card, or Interac Email Money Transfer.

For enhanced Security, Automatic Deposit has been enabled for all Email Money Transfers. Please make payable to sp***********@gm***.com

Charges for services to be provided by Spenny For Hire are provided on either a Retainer or Detailed Invoice that the Client receives via e-mail.

Unless agreed to otherwise with the Client, all website services require an advance payment to be made based on the amount listed on the applicable service page before the work is supplied to the Client. The remaining balance of the project is due in agreed-upon installments, or upon completion of the work, prior to publishing or release of any designs or materials.

Payment for services can be paid by Interac Email Money transfer or by Credit Card via Website Checkout.

Additional Requests Not Included in Any Package: (Additional Hourly Rates Apply. )

An additional hourly rate applies for all additional development, features, and other requests not included within any given package. A reasonable Retainer Invoice will be issued upon assessment of overall additional requirements.

Late Payments:

Any Payment Delays affect scheduling, discounts, and the ability for Spenny For Hire to meet both monthly financial commitments and project turnaround times for all active clients. A strict Payment Policy is in place to ensure expedient development and response for all Spenny For Hire customers. Spenny For Hire reserves the right to charge Late Fees on all unreasonable late or delayed payments. If the Client is having financial difficulties and must delay payment for any reason, a significant advanced warning must be provided in writing. Otherwise, late fees will need to be applied to compensate for Spenny For Hire budgeting disruptions.

Additional Expenses:

The Client agrees to reimburse Spenny For Hire for any additional expenses necessary for the completion of the work. Any additional required purchases or expenses incurred are subject to approval by the Client prior to commencing.

Refund Policy:

No refunds are possible once services have been scheduled, commenced or on any services already rendered. For Monthly or Managed Plans, a 30 Day Cancellation Notice is required.

Client Abandonment & Unresponsiveness:

If a Client has to pause or stop a project for any reason, the Client agrees to inform Spenny For Hire in advance to discuss applicable options & provide a date on which project development can resume. If not, ANY abrupt Client Abandonment will be subject to complete termination within 30 days of Client unresponsiveness or Late Payment. Spenny For Hire reserves the right to retroactively withdraw any discounts of any kind on current and previous invoicing to help compensate for scheduling disruptions, and loss of income.

If the Client wishes to go with another Developer, all unpaid overdue balances would need to be paid in full before any website efforts can be released. The Client will also be responsible for any preparation and additional fees that result associated with Website Decommissioning, Website Migrations, Domain Transfers, and any time and efforts that will be required as a result of Client Abandonment. All Fees will be required to be paid in full before the website, passwords, and associated files can be released.

All designs, development, software licenses, information, images, domain names, email accounts, and hosting space will be revoked and will not be provided until payment is provided at full cost. Late payment fees and a surcharge will also need to be collected. Spenny For Hire reserves the rights to revoke and resell any software licensing, web development, logos, or any salvageable digital assets or efforts that can be repurposed under a different business or trade name to recoup any losses and financial hardship resulting from Client Abandonment.

Unpaid Default Accounts:

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 Spenny For Hire Web space, Spenny For Hire will, at its discretion, remove all such material from its web hosting space. Spenny For Hire is not responsible for any loss of sales incurred due to the removal of the service or of any Data or loss of website rankings or traffic.

Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Payment returned for insufficient funds will result in the Client’s account being immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Spenny For Hire reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Spenny For Hire in enforcing these Terms and Conditions.

Termination:

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity:

All Spenny For Hire services may be used for lawful purposes only. You agree to indemnify and hold Spenny For Hire harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright:

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Spenny For Hire the rights to publish and use such material. 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 Spenny For Hire permission and rights for use of the same and agrees to indemnify and hold harmless Spenny For Hire from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Spenny For Hire that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Ending your relationship with Spenny for Hire:

The Terms will continue to apply until terminated for viable reasons by either you or Spenny for Hire as set out below.

If you want to terminate your agreement with Spenny for Hire, please advise the reasoning in writing to Spenny for Hire’s email address sp***********@gm***.com. All unpaid balances will need to be paid before a full website release.

Spenny for Hire may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Spenny for Hire is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Spenny for Hire offered the Services to you has terminated its relationship with Spenny for Hire or ceased to offer the Services to you; or
(D) Spenny for Hire is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Spenny for Hire is, in Spenny for Hire’s opinion, no longer commercially viable.
(F) behave in a disrespectful manner or rudeness towards Spenny For Hire.
(G) make unrealistic demands or expect Spenny For Hire to perform services that exceed the allowable budget.

Nothing in this Section shall affect Spenny for Hire’s rights regarding the provision of Services of these Terms. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Spenny for Hire have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation. The terms & conditions above are subject to updates without notice.

General:

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of an advance fee constitutes agreement to and acceptance of all Spenny For Hire Terms and Conditions.

Governing Law:

This Agreement shall be governed by British Columbia, Canada.

Liability:

Spenny For Hire hereby excludes itself, Employees, Affiliates, Sales Reps, and any other Agencies from all and any liability from:

Loss or damage caused by any inaccuracy;
Loss or damage caused by any omission;
Loss or damage caused by any delay or error, whether the result of negligence or other cause in the production of the website;

The entire liability of Spenny For Hire 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.

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 invalid.

Contact Information:

Legal Name of Company: Spenny For Hire
Name of Business: Spenny For Hire
Contact Person : Spencer (Owner / Operator)
Email: ad***@sp***********.ca