Terms & Conditions: Carbon Copy Websites
Effective Date: June 14, 2023
These Terms and Conditions apply to any Carbon Copy Website service purchased from MacMillan Design. Project scope, pricing, included deliverables, revision limits, support scope, and applicable service details are determined by the specific Carbon Copy Website option selected by the client at the time of purchase.
By selecting or purchasing a Carbon Copy Website service from MacMillan Design, the client agrees to these Terms and Conditions.
1. Carbon Copy Website Services
MacMillan Design provides Carbon Copy Website services for clients who want an existing website replicated using WordPress, Elementor, or similar page-building tools, along with related supporting technologies as needed.
Specific scope, pricing, included deliverables, revision allowances, milestone structure, add-ons, and service details are defined in the applicable proposal, invoice, checkout terms, or service agreement.
2. Client Authority and Cooperation
The client represents that they have the power and authority to enter into this agreement on behalf of the client’s company or organization.
The client agrees to provide MacMillan Design with everything necessary to complete the project, including company details, proprietary images, specialized fonts, logos, and other information as and when needed, and in the format MacMillan Design requires.
The client agrees to review MacMillan Design’s work, provide feedback, and give sign-off approval in a timely manner and is bound by any deadlines that MacMillan Design and the client set together.
The client also agrees to keep to the payment schedule set out in the applicable proposal, invoice, or checkout terms.
3. Project Materials and Delivery Requirements
The MacMillan Design Team will provide a Dropbox for the client team to provide all client deliverables, such as product imagery, logos, custom icons, manual PDFs, and other project files as needed.
All client deliverables must be provided through this Dropbox link. Assistance on how to find and use Dropbox can be provided by the client’s Account Team and via tutorial video.
Changes to client information, including company name, services, or branding, after project materials have been submitted will be treated as a change order and will be estimated on a case-by-case basis.
4. Decision-Maker Requirement
The primary decision-maker for the client team must be declared at the start of the project.
The declared decision-maker must remain available for communication and must be the signatory on all project feedback and approval.
Changes requested from other stakeholders after the declared decision-maker has provided approval will be treated as a change order and will be estimated or invoiced on a case-by-case basis.
5. Timeline and Client Delays
Project timelines begin upon the completion and receipt of all required project materials as provided by the client’s project manager.
During many portions of the client’s project, the client will be required to provide feedback and approval to move the project forward. While waiting on the client’s responses, the client’s timeline is paused and not counted in the overall timeline.
The client must provide feedback within 72 hours of any given request on items that MacMillan Design generates, or those items become auto-approved. If the client requires more than 72 hours to provide approval, it is the client’s responsibility to contact MacMillan Design in writing, and MacMillan Design will discuss the timeline on a case-by-case basis.
The client team must make themselves available for client meetings on Zoom at each phase of the project. Failure to do so within five days of the request will trigger a pause of the project.
In the event that MacMillan Design determines there have been disproportionately high disruptions to the timeline, MacMillan Design reserves the right to pause the client’s project at any point, as such delays can harm other client timelines. In such situations, the client’s project will be paused and re-queued at a later date for a fee of $150.
6. Approval Process and Revisions
Upon receiving the initial website replication, the client has twenty-four (24) hours to review the deliverable and provide consolidated feedback to MacMillan Design.
After the first round of revisions has been implemented, the client has an additional twenty-four (24) hours to review and approve the adjustments or request final edits.
Upon completion of the second round of revisions, the deliverable will be deemed approved unless the client submits further changes within the agreed-upon timeline.
Any changes requested after the second round of revisions will be considered outside the scope of this agreement and treated as a change order, which will be estimated and invoiced separately.
All feedback must be consolidated and provided by the client’s designated primary decision-maker.
If the client fails to provide feedback or approval within the specified timelines, the project timeline will be paused, and a new completion date may be established.
7. Scope of Work
MacMillan Design will replicate the client’s existing website using the WordPress platform and Elementor, recreating the design, layout, and functionality of the original site while upgrading the underlying infrastructure to improve performance, scalability, and usability.
This agreement includes two (2) rounds of revisions to refine the replicated site.
If the client requires significant design or functionality changes beyond the scope of the original replication, those changes will be treated as a change order and estimated separately.
8. Carbon Copy Pricing Basis
Carbon Copy Website pricing is based on the average hours per page typically required for this type of project under normal circumstances.
If MacMillan Design discovers unusual circumstances that increase the hours required to complete the project, MacMillan Design may adjust the estimate.
In that event, the client will be notified in writing of the reason for the increase, the estimated additional cost, and any available alternatives to help reduce or avoid additional scope.
9. Layout and Compatibility
MacMillan Design will develop the replicated website using WordPress, Elementor, or similar page-building tools, and related supporting technologies as needed.
The completed website will be tested for compatibility with current versions of major browsers, including Apple Safari, Microsoft Edge, Mozilla Firefox, Google Chrome, and Opera.
The website will also be built for responsive display on modern desktop and mobile devices. However, some visual variations may occur across browsers, devices, and screen sizes.
MacMillan Design will not test for compatibility with outdated or unsupported browsers, devices, or software environments, including but not limited to Microsoft Internet Explorer versions 5, 5.5, 6, or 7, or unsupported legacy versions of Safari, Firefox, or Opera.
10. Imagery
Most imagery will be pulled directly from the client’s existing website. However, MacMillan Design may request original, high-resolution imagery from the client to optimize visuals for better aesthetics or performance, such as faster loading speeds.
MacMillan Design will incorporate stock imagery, as necessary, from its iStockPhoto license. The number of stock images used will align with the scope of the Carbon Copy Website project.
The client warrants that all imagery provided to MacMillan Design is legally acquired and permissible for use on the client’s website.
MacMillan Design is not liable for any legal issues arising from improperly sourced imagery provided by the client.
11. E-commerce Integration
E-commerce functionality is available as an added service for the Carbon Copy Website project and will be estimated based on the scope of the requested store.
This may include integration with WooCommerce or Shopify connected to WordPress via API.
MacMillan Design will handle the setup of the e-commerce platform and may provide limited product data entry, which will be detailed in the project estimate. Product data entry includes up to three (3) variations with up to three (3) options for each variation.
Additional variations, options, or products beyond the agreed-upon scope may incur additional fees, which will be quoted on a case-by-case basis.
If the client prefers to handle product data entry themselves, MacMillan Design can provide guidance and support to set up an e-commerce store capable of managing up to 1,000 products and 35 categories.
MacMillan Design does not provide writing or editing for individual product descriptions or categories as part of this service unless explicitly requested and included in the estimate.
The final cost of e-commerce integration will depend on the specific requirements of the client’s store, including the number of products, customizations, and additional features requested.
12. Text Content
Carbon Copy Website projects do not include copywriting as part of the standard scope of work.
If copywriting services are requested, whether for SEO-optimized content or general content updates, those services will be estimated and invoiced as an additional fee on a case-by-case basis.
While MacMillan Design can provide professional copywriting tailored to the client’s needs, the ultimate responsibility for the accuracy of the content, including factual information about the client’s business, products, or services, falls to the client.
MacMillan Design will not accept any legal responsibility for content, written or visual, provided by or approved by the client.
13. Technical Support and Hosting-Related Items
If included in the applicable quote, proposal, or invoice, MacMillan Design may install and set up the client’s site on the MacMillan Design hosting server or those of its vendors, including Flywheel, Bionic, and WP Engine, as well as implement Google Analytics, Google Search Console, and search engine optimization of the client’s site.
Updates to, and management of, that server fall to MacMillan Design and its vendors.
If requested by the client, MacMillan Design may activate automatic updates to the client’s site, and the client will be responsible if standard updates to the client’s site cause a malfunction. In that case, MacMillan Design can restore the client’s site from a backup upon request and as a part of the hosting service in effect.
Carbon Copy Website projects do not include technical support for email, the client’s computer, or third-party services such as ActiveCampaign, Kajabi, Shopify, and others. If the client requires help with such services, MacMillan Design may provide a quote for those additional services on a case-by-case basis.
The client is responsible for any plugins the client team adds to the client’s WordPress installation. If the client needs assistance installing or debugging third-party plugins the client has purchased or installed on the client’s site, MacMillan Design may provide a quote on a case-by-case basis.
MacMillan Design maintains several premium developer licenses for its WordPress clients while they are on MacMillan Design servers. These licenses are at the discretion of MacMillan Design and can be discontinued or changed at any time without the client’s prior approval. In such an event, MacMillan Design will inform the client about discontinuing those licenses and suggest, or in some cases provide, alternatives for the continued benefit of the client’s site performance.
14. Cancellations and Refunds
Clients may cancel any phase of the project within 7 days after the following milestones: Start Deposit and Initial Replication Milestone Deposit.
If a cancellation is requested within 7 days after those milestone payments, a refund will be provided after subtracting payment for any work hours accrued on behalf of the client in the next phase.
Work hours are billed at $100 per hour, by half hour increment.
If a refund is issued, all work up to the previous milestone payment will belong to MacMillan Design and cannot be used by the client in any way unless MacMillan Design provides written approval in advance.
If no refund is requested, the rights for all work leading up to the previous milestone payment will transfer to the client for commercial use.
Should the client choose to cancel the agreement after the website replication process has begun, MacMillan Design will retain the initial payment as compensation for work completed to date, except to the extent a refund is otherwise required under this section.
15. Copyright and Ownership
The client guarantees to MacMillan Design that any elements of text, graphics, photos, designs, trademarks, or other artwork that the client provides MacMillan Design for inclusion in the website are either owned by the client or that the client has permission to use them.
When MacMillan Design receives the client’s final payment, copyright is automatically assigned as follows: the client owns the graphics and other visual elements that MacMillan Design creates for the client for this project.
MacMillan Design will give the client a copy of all files, and the client should store them carefully, as MacMillan Design is not required to keep them or provide any native source files used in making them after one year.
The client also owns text content, photographs, and other data the client provided unless someone else owns them.
MacMillan Design owns any MacMillan Design custom plugins or code that MacMillan Design uses on the client’s site and licenses it to the client for use on only that website.
MacMillan Design also reserves the right to display and link to the client’s completed project as part of MacMillan Design’s portfolio and to write about the project on websites, in magazine articles, and in books.
The license for all stock photography used on MacMillan Design website projects from iStockPhoto.com remains with MacMillan Design as part of the website product provided by MacMillan Design. Those rights cannot be transferred to the client. The client may not use stock photography provided by MacMillan Design unless the client purchases a license for their own use.
16. Payment
All projects are queued on a first-come, first-served basis, determined by the receipt of the initial start deposit payment.
For Carbon Copy Website projects under $3,000, the payment schedule is as follows:
- 50% of the total fee upon signing up for the project.
- 50% of the total fee upon completion of the project.
For Carbon Copy Website projects exceeding $3,000, the payment schedule will follow milestone completions:
- 33% of the total fee upon signing up for the project.
- 33% of the total fee upon completion of the initial replication milestone.
- 34% of the total fee upon final approval of the project.
Clients who choose to pay the entire cost of the Carbon Copy Website project in the start deposit will receive a 10% discount on the total project fee. Clients must contact their project manager to arrange this option prior to project commencement.
Interest will accrue if payment is more than 30 days late. MacMillan Design reserves the right to add 5% to the outstanding balance every 7 days, starting from the 31st day after the due date.
Hosting services are not included in the Carbon Copy Website price unless expressly stated in the applicable proposal, invoice, or checkout terms. MacMillan Design’s hosting service may be recommended where appropriate and, if selected by the client, will be billed separately according to the applicable hosting terms.
17. Limitation of Liability
MacMillan Design is not liable to the client or any third party for damages, including lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate this website and any other web pages, even if the client has advised MacMillan Design of the possibility of such damages.
To the fullest extent permitted by law, MacMillan Design’s liability will be limited to the amount paid by the client for the applicable Carbon Copy Website service giving rise to the claim.
18. No Warranty
Carbon Copy Website services are provided on an “as is” and “as available” basis, except as otherwise expressly stated in writing.
MacMillan Design disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
19. General Terms
These Terms and Conditions may not be transferred to another party without the express permission of MacMillan Design.
If any part of these Terms and Conditions is found to be invalid or unenforceable, all remaining provisions will remain in effect.
MacMillan Design may update these Terms and Conditions from time to time. Updated terms become effective upon posting to the applicable Terms page unless otherwise stated.
Continued purchase or use of Carbon Copy Website services after an update constitutes acceptance of the revised Terms.
20. Governing Agreement
These Terms and Conditions are incorporated into any applicable proposal, invoice, checkout, estimate, or service agreement for Carbon Copy Website services.
If there is a direct conflict between these Terms and Conditions and a separately signed written agreement, the signed written agreement will control to the extent of that conflict.
21. Contact
Questions regarding Carbon Copy Website services or these Terms and Conditions may be directed through the contact information listed on MacMillan Design’s website.
Selection or purchase of any Carbon Copy Website service in a MacMillan Design proposal, invoice, checkout, or service agreement constitutes acceptance of these Terms and Conditions.
