1-on-1 Website Consultation
Listen to the Wind Media, LLC will set up a 30-60-minute phone consultation, (free of charge) to discuss a design and services that are right for your business and budget. You might be given a questionnaire to review before the consultation which will help us determine your needs for your online presence.
Design Specifications and Requirements
Websites designed by Listen to the Wind Media, LLC are completed according to requirements and specifications provided by you, the client from our phone consultation at the beginning of our project.
During this time, it is important that you be as specific as you can so Listen to the Wind Media, LLC can produce the most accurate proposal suited to your web design needs. We can offer suggestions on design and framework, but we are here to make your website what you want it to be. We can only accomplish this by you letting us know what you want.
Completion times for a website project are only estimates. Listen to the Wind Media, LLC will strive to complete your website as quickly as possible but completion times can be affected by many unforeseen factors that can cause a project to be delayed.
Generally, most projects will take around 30 days to complete depending on other workloads.
You will be given a schedule of completion as part of the contract for your project. The contract will typically be divided into a 2 or 3 phase process depending on size and scope of your website. Each phase will have specific goals with a specified a payment due at the beginning of the phase. Listen to the Wind Media, LLC will schedule a review with you after the completion of each phase. The client will be required to sign off and okay the changes and updates and pay the next fee installment (if required by the contract) before the next phase is started.
Listen to the Wind Media, LLC will do rush orders but these can incur a significant additional fee in order to pay for overtime needed. Typically, we work on each project in the order they come so everyone is treated fairly.
Rates and Fees
If you are not under contract, all work will then be charged on an hourly basis in a minimum 30-minute increment and on retainer, (unless other arrangements have been made) For example a 40-minute task will be charged as 1 hour.
Rates are charged at $80/hr and $45 /half-hour.
Website Design and Build Fees
Building a website consists of a two-part fee schedule.
50% down before we start work and 50% due at the launch of site.
Your site will be tested for compatibility in the following browsers:
- Internet Explorer
- Mozilla Firefox
Site designs are tested both on the Windows PC and Mac operating systems. Unless specifically requested and purchased by the client, we do not code for browsers older than the current release. In addition, we do not code for browsers still in Beta testing. Please note that all browsers are not capable of “seeing” all CSS styles, for example, rounded corners.
Images on Your Site
Most of the images used in our site designs are obtained from free stock photo/imagery websites that allow a royalty-free license; or from stock photography/illustration sites where the original image is purchased with a limited license. The cost of which is included in the quote we’ve provided to you, up to $20 per project. Any imagery fees beyond that will be billed to the client at the start of the project.
Use of any non-licensed imagery is the sole responsibility of the client. Clients who provide images to us for use in their project assume the risk of liability for use of those images. When in doubt, contact the original artist of the image for permission before providing it for us to use in your design project.
The client understands that images and other media put on their website can and most likely will be taken and duplicated by search engines such as Google to display search results. Listen to the Wind Media, LLC cannot be held liable, if a third party takes those images and tries to reproduce them for profit.
The rights for all templates, photographs, graphics and images that are created for your project by Listen to the Wind Media, LLC remains the intellectual property of Listen to the Wind Media, LLC.
You may use those images and renderings on your personal website, blog or home computer as long as proper copyright is noted. You may not alter, transform, or build upon those images in any way. These items are not licensed for commercial use, profit or redistribution. Please contact us for information in regard to commercial licensing (ie: use for print advertising, t-shirts, merchandise, etc).
Written Copy and Text
The client assumes all liability for all text and copy created for their website. It is the client’s responsibility to make sure the text is accurate and clear of any copyright restrictions. One example might the be the use of an article or review from a magazine or related material to the subject of the website.
Search Engine Placement
Listen to the Wind Media, LLC makes no claim that it can give the client any specific ranking on any web search engines such as Google. Listen to the Wind Media, LLC will work with the client to help optimize their website for search engines, but we make no claim at how high we can get your website ranked.
Software, Plugin, and Theme Support
It is the sole responsibility of the client to obtain support from the software company for the software programs or plugins you are using to power your site and/or blog.
After the 3 (three) day time period from the final review of your website has passed, Listen to the Wind Media, LLC does not provide ongoing technical support for any added software programs, plugins or themes. We will provide you with useful links to the software, plugin or theme knowledge base, support forums or other online documentation that may be helpful in getting you started using the software, plugins or themes you have chosen.
Listen to the Wind Media, LLC can update or resolve issues with your software programs, plugins and themes through one of our service programs or by our hourly rate.
Software, Plugin, and Theme Licensing
It is the SOLE RESPONSIBILITY OF THE CLIENT TO OBTAIN PROPER LICENSING with use of any software program, plugin or theme. Listen to the Wind Media, LLC installs the programs, plugins or themes that best fits the need of your site according to your specifications. For your site to function as desired, there may be additional and/or recurring licensing fees that are YOUR RESPONSIBILITY to keep up to date and pay for.
Ask Listen to the Wind Media, LLC about provide ongoing maintenance plan for your plugin and theme licensing. Plans are customized for each client’s needs.
WordPress Hosting Platform Requirements
When clients contact Listen to the Wind Media, LLC for site installation and set-up, we assume that the client has already researched the requirements for running a WordPress site on their server. Please check the minimum requirements needed to run your site on your server. If necessary, contact your host to make sure that they can support the requirements stated in the documentation.
This page will tell you the requirements needed for WordPress. WordPress Requirements (Don’t fret, they aren’t extreme)
Listen to the Wind Media, LLC will not be responsible if your hosting plan does not support WordPress. Refunds will not be made in the event that Listen to the Wind Media, LLC finds that we cannot install the program on your account. The client is responsible for researching the requirements for WordPress up front. If you have questions regarding your hosting environment, please be sure to ask us when you place your order – we can assist with making an evaluation on whether or not your hosting environment meets the minimum requirements to run WordPress.
Listen to the Wind Media, LLC host websites on our WordPress optimized server to fulfill the above requirements. We highly recommend, you discuss having us host your site.
The Client assumes all responsibility for their files and templates. Listen to the Wind Media, LLC does keep a backup copy of your files during the design and development of your site. After the project is moved to your domain and server, it is your responsibility to keep backup copies of your site in case of emergency. Listen to the Wind Media, LLC will provide you with a zip file of the final project files, including plugins and themes at the time of your project completion. The zipped file will allow you to restore your site design to its original state, should you ever need it.
Listen to the Wind Media, LLC can also arrange for regular maintenance plan as an additional service.
Listen to the Wind Media makes no promises or guarantees that your website is PCI (Payment Card Industry) compliant. We will work with your hosting company to help you achieve compliance, but sole responsibility lies with the client to accomplish and verify compliance and any liability falls on the client.
Redistribution or Resale Prohibited
When you purchase a site design from Listen to the Wind Media, LLC, it is licensed for use on one domain only. The licensing of your template does not cover use on other domains and it is not available for redistribution or resale in any way, shape or form. If you decide you would like to use the theme on another or several other domains, please let us know and we will provide a quote on the additional licensing.
Limitation of Liability
Client agrees that it shall not hold the designer/developer or his/her agents or employees liable for any incidental or consequential damages that arise from the designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the designer or client, any client representatives or employees, or a third party.
Listen to the Wind Media, LLC can’t guarantee that our work will be error-free and so we 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 of them. Finally, if any provision of this contract we sign with you shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Listen to the Wind Media, LLC will make efforts to secure the client’s website against hijacking, virus, and denial of service attacks, but will not be liable for any losses sustained by the client due to malicious or illegal activity.
Unless specifically stated in the contract with the client, websites created by Listen to the Wind Media, LLC are not encrypted and do not have SSL (Secure Socket Layer) encryption built in as part of the website. Thus, Listen to the Wind Media, LLC makes no claims to the privacy of the data while being transmitted to and from the website as well as any data stored on the website created by Listen to the Wind Media, LLC.
Listen to the Wind Media, LLC will install SSL (Secure Socket Layer) certificates into the website if requested for such things as eCommerce stores. Listen to the Wind Media, LLC will not be liable for breach in a third-party SSL certificate and losses or costs in lawsuits because of the breach. The responsibility lies between the client and the original vendor of the SSL certificate.
If you host your website on Listen to the Wind Media, LLC servers, you will be given a free SSL certificate to enhance security of your website. As stated above, Listen to the Wind Media, LLC will not be liable for breach in an SSL certificate and losses or costs in lawsuits because of that breach. You may purchase a third-party SSL certificate that offers certain levels of financial protection.
HIPAA (Health Insurance Portability and Accountability Act)
Listen to the Wind Media website hosting servers are NOT HIPAA compliant, thus the client understands that certain privacy and security features are not available to their website should they add functionality to their site that would require HIPAA compliance.
Certain payment platforms can be incorporated into a client’s site to pass HIPAA requirements, but these need to be reviewed by the client’s current HIPAA compliance officer, before implementing.
Listen to the Wind Media will work the best they can with the client to make sure the client’s website and hosting meets HIPAA requirements, but it is ultimately the client’s total responsibility that they pass all HIPAA requirements. Any and all liability, financial or otherwise falls on the client and not on Listen to the Wind Media.
Listen to the Wind Media, LLC reserves the right to use project details for promotional material, our portfolio and client testimonial, project case studies for education, training and promotional reasons.
Clients are responsible for paying all of the web hosting, domain name registration, SSL license and merchant account fees.
Termination of Contract
The client or Listen to the Wind Media, LLC may cancel an existing (open) contract between the parties. If warranted, a refund will be given to the client per Listen to the Wind Media, LLC’s refund policy.
Maintenance Plans and Website Modifications
If you sign up for a Listen to the Wind Media, LLC maintenance plan or hire Listen to the Wind Media, LLC to perform modifications on your website, you are giving permission to Listen to the Wind Media, LLC to access your website and perform the tasks hired for. You are also allowing Listen to the Wind Media, LLC to install code that will allow us to access your site to perform these functions in a more efficient manner.
If Listen to the Wind Media, LLC performs a backup solution for your website, please be aware that it is still advisable to have a second backup solution in place. This is usually performed by the hosting service of the website itself. On rare occasions, backups like any computer file can get corrupted and unusable. This is why it is recommended to have at least two backup solutions.
Listen to the Wind Media, LLC will not be held liable financially or otherwise for any loss due to a corrupt file or the inability to restore your website.
The cost of restoring a website is not part of the backup service. This is considered an emergency service and can incur a premium fee of $150 per hour. (Minimum 1 hour)
The fee for the hosting client only covers storage of the client’s website on Listen to the Wind Media, LLC’s host server. Any general web design work or work to fix a site that is broken or has been hacked or compromised is not covered by the hosting fee and the client is charged the normal hourly rate of Listen to the Wind Media, LLC.
Surcharge for Certain Web Hosts
Additional fees might be incurred for certain web hosts because of possible difficulties in their hosting configuration which can lead to additional time needed to launch and configure your new website.
These hosts will incur that fee:
One on One Hosting $250
We recommend that you host your website with our WordPress configured servers here at Listen to the Wind Media, LLC. Typically, on a new website, you will get 2-4 months free hosting and maintenance for new customers.
Limitation of Liability-Hosting
Client agrees to hold Listen to the Wind Media, LLC harmless from any claims or causes of action, incidental damages, actual damages, or consequential damages, whatsoever, as a result of the hosting services provided by Listen to the Wind Media, LLC, including any loss of revenue that might have or allegedly have occurred. This includes but is not limited to, the intentional, unintentional, or negligent acts in the performance of hosting services by Listen to the Wind Media, LLC or by any third party. Listen to the Wind Media, LLC will refund to the client, upon request, a prorated amount for website outages due to host server failure, to a maximum liability for any incident not to exceed one (1) month’s service, according to the contract or invoice.
Website hacking from outside sources is a common challenge with any hosting service. Listen to the Wind Media, LLC cannot be held liable if your website is hacked. It is the client’s responsibility to make sure their website code is kept up to date and to have a backup of their site in case their site is corrupted by a hacker, user, or themselves. Listen to the Wind Media, LLC will fix to the best of their ability any broken site and the client will be charged an hourly rate to do so. Keeping plugins and website core files updated is no guarantee that your website cannot be hack and we make no claim of this.
Recommendations and Referrals by Listen to the Wind Media, LLC
From time to time Listen to the Wind Media, LLC will make referrals of individuals to a client. Though we have faith in our recommendations, we do not warrant their work or accept any liability for mistakes that they might occur from their work.
Recommended businesses or individuals are not employees of Listen to the Wind Media, LLC and we receive no direct financial benefit from these recommendations. Listen to the Wind Media, LLC clients are free to use whomever they wish for content, hosting, graphics or anything other need for a website project.
Right of Refusal
Listen to the Wind Media, LLC reserves the right to refuse to construct a website we deem to be unfit due to its content or otherwise. This includes, but is not limited to, sites containing adult material such as pornography, sites which promote or encourage hatred towards persons belonging to any ethnic group, religion, or sexual orientation, or which promote suicide or self-harm, and sites which infringe copyright or are contrary to United States laws.
Cancelation of Service
The client or Listen to the Wind Media, LLC can cancel their hosting and/or maintenance agreement at any time and for any reason. A 30-day notice is required. A prorated portion of the hosting and maintenance contract fee will be refunded within 30 days of cancelation.
Listen to the Wind Media, LLC can cancel their hosting and/or maintenance agreement IMMEDIATELY if Listen to the Wind Media, LLC determines there may be illegal activity occurring on the client website or are given a take-down order by a government authority.
Listen to the Wind Media, LLC may suspend or cancel hosting and/or maintenance service 30 days after due date of invoiced work for non-payment.
Once Listen to the Wind Media, LLC begins work on your project, any refund will be pro-rated. Refunds will be considered on a case-by-case basis. Listen to the Wind Media, LLC will retain fees to cover any work completed from time of scheduling work through the time of your termination request. Listen to the Wind Media, LLC will make every effort to work with you to ensure that payment terms are handled fairly and in a timely manner. The client may receive a copy of the website in its present form at the time of the termination request.
From time to time Listen to the Wind Media, LLC will send its clients newsletters with information we feel is important for the client to know about. We try to limit these emails to no more than two a month. As a client, you are automatically added to our newsletter system. A client can always opt-out of these emails by clicking on the unsubscribe link in the email or contacting Listen to the Wind Media, LLC by email.
This Agreement, and any related Statements of Work, shall be construed in accordance with, and governed by, the laws of the State of Ohio without regards to Conflict of Law principles. In the event of any dispute or disagreement with respect to the meaning, effect or interpretation of this Agreement or in the event of a claimed breach of this Agreement, the parties hereto agree that such dispute shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitration shall be conducted in Greene county, Ohio unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.
Terms of Service Changes
Listen to the Wind Media, LLC terms of service are subject to change without notice
If we decide to change our terms of service agreement, we will post those changes to our website and any other places we deem appropriate. You can find the latest version of our terms of service at this URL https://listentothewindmedia.com/terms-of-service/
Last updated September 18th, 2020