Terms & Conditions: Website Packages

Last Updated: July 14, 2026

This Website Services Agreement (“Agreement”) governs services provided by MacMillan Design (“Company”) to any individual or entity (“Client”) that executes a written proposal incorporating this Agreement by reference.

By executing a written proposal issued by MacMillan Design (the “Proposal”), Client agrees that this Agreement is incorporated into and made part of that Proposal as if fully set forth therein. The version of this Agreement in effect on the date of Client’s execution of the Proposal shall control.

Client represents and warrants that the individual executing the Proposal has full legal authority to bind the Client entity.

Client agrees to provide all materials, information, approvals, and cooperation reasonably necessary for Company to perform the services described in the Proposal. Client acknowledges that failure to provide required materials or timely approvals may delay project timelines and may result in additional fees as described in the Agreement.

Company agrees to perform services in a professional manner consistent with industry standards. Company shall not be responsible for missed deadlines resulting from Client delay, failure to provide materials, or failure to provide timely approvals.

Company shall maintain the confidentiality of Client’s non-public information and shall not disclose such information to third parties except as required to perform the services or as required by law.

Clients must complete the questionnaire before being queued for content development. Since MacMillan Design cannot write effectively without knowing the Client’s products, the questionnaire includes the product spreadsheet. 100% complete is “complete.” Client may schedule a meeting if they need help. The primary decision-maker for the Client Team must be declared in the questionnaire. 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 on a case-by-case basis.

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, etc. 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. Client responses on the questionnaire are final as of submission. Changes to Client information (e.g. Company name, services, branding) after submission will be treated as a change order, and will be estimated on a case-by-case basis.

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 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. To re-queue a paused project, Client must pay $150.

Cancellations & Refunds

Clients may cancel any phase of the project within 7 days after the following milestones: Start Deposit and Content Approval Deposit. If a cancellation is requested within 7 days after these 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.

Timeline & Definitions

Project timelines begin upon the completion and receipt of the Client questionnaire as provided by the Client’s project manager.

The primary decision-maker for the Client Team must be declared in the questionnaire. 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 and invoiced on a case-by-case basis.

Client responses on the questionnaire are final as of submission. Changes to Client information (e.g. Company name, services, branding) after submission will be treated as a change order, and will be estimated and invoiced on a case-by-case basis.

During many portions of this project, the Client Team will be required to provide feedback and approval on items that MacMillan Design generates for the Client to move the project forward. While waiting on the Client’s responses to items that MacMillan Design builds, the Client’s timeline is paused and not counted in the overall timeline. Client must provide feedback within 72 hours of any given request on items that MacMillan Design generates, or they become auto-approved. If the Client requires more than the 72 hours to provide approval, then 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.

In the event that MacMillan Design determines there have been disproportionally high disruptions to the timeline, MacMillan Design reserves the right to pause the Client’s project any point in the project, 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.

Every page design and every page of written content receives a round of edits at every step of its formation, although sometimes a page or a piece of content needs a total re-do. MacMillan Design calls those “revisions”, and they are triggered when 25% or more of a page or piece of content needs to be revised. Every project is allowed five individual revisions. Because of how MacMillan Design creates content (incrementally with multiple points of course-correction reviews with you), revisions are rarely needed, but MacMillan Design includes these to make sure Clients know they have a few safeties built into the process. If, for some reason, more than five revisions are needed, they can be purchased at $500 each, paid upon completion of the Client’s project.

Items that will require approval, and their approval deadlines:

Content phase: (MacMillan Design will allow five revisions, total, across all portions and deliverables of the website packages project. A “revision” is defined for the purposes of this agreement as a change in 25% or more of the originally provided deliverable.
- Client Concept: Provided in a meeting, with 72 hours to review all after meeting.
  - Client Voice Profile
  - Overall Design Concept (home page comp)
  - Keyword pursuit list
  - Site Structure (via FlowMapp)
- Content outline for each page, provided en masse — the Client provides complete feedback or approval within 2 business hours for each page + 24 hours.
- Written content for each page, provided en masse — the Client provides complete feedback or approval within 4 business hours for each page + 24 hours.
- Design content for each page, provided en masse — the Client provides complete feedback or approval within 2 business hours for each page + 24 hours.
- In the event that content and/or design pieces are provided individually by the MacMillan Design Team, Client provides complete feedback or approval within 2 business hours for each page + 24 hours.
Development Phase:
- Prototype — the Client provides approval within 72 hours.
- Completed Site — the Client provides approval or all feedback through the feedback portal integrated into their staging website (via UserSnap) within 72 hours.
Search Engine Optimization (SEO) phase:
- If blogging is provided (based on SEO needs as determined by MacMillan Design):
  - Blog plan: 5-6 blog ideas — titles and keywords — the Client provides approval or complete feedback within 72 hours.
  - Each blog outline, individually — the Client provides approval or complete feedback within 48 hours.
  - Full blog — the Client provides approval or complete feedback within 48 hours
  - Posted blog — the Client provides approval or complete feedback within 24 hours.

SEO Performance Guarantee (Applicable Only to Qualifying Website Packages)

If the Client has purchased a Website Package that expressly includes a defined SEO performance guarantee as stated in the Client’s Proposal or package description incorporated into this Agreement, the following terms shall apply.

MacMillan Design agrees to use commercially reasonable efforts to achieve the specific SEO benchmark identified in the qualifying Website Package within the stated performance period. The applicable benchmark must be expressly defined in writing in the Client’s Proposal and may include measurable ranking placement, keyword positioning, or traffic metrics as specifically described therein. No SEO guarantee shall exist unless explicitly stated in the qualifying package documentation.

The SEO performance guarantee is conditioned upon the Client’s full compliance with this Agreement, including but not limited to: timely approvals; provision of accurate and complete business information; hosting stability; continued use of recommended SEO structure; no material alteration of website architecture, content, metadata, hosting environment, link profile, or keyword targets without prior written consent of MacMillan Design; and no engagement of third-party SEO providers during the performance period.

Client acknowledges that search engine rankings and indexing are controlled by independent third parties, including but not limited to Google, and that search engine algorithms are subject to change at any time. MacMillan Design shall not be deemed in breach of this Agreement due to performance fluctuations caused by algorithm updates, core engine changes, manual penalties imposed due to Client conduct, hosting instability, market competition changes, or other factors outside the reasonable control of MacMillan Design.

If MacMillan Design does not achieve the expressly defined SEO benchmark within the agreed performance period, and provided that Client has complied with all conditions herein, Client’s sole and exclusive remedy shall be the provision of an additional three (3) consecutive months of SEO services at no additional charge. Such additional services shall be performed under substantially similar scope and methodology as originally provided.

Under no circumstances shall failure to meet an SEO benchmark entitle Client to a refund, rebate, credit, setoff, or monetary damages of any kind. The additional three (3) months of SEO services described herein shall constitute Client’s exclusive remedy for any claimed failure to achieve the guaranteed SEO benchmark.

Meeting Time Allocation and Overage

Each Website Package includes a defined meeting time allocation as follows: Small Website Packages include three (3) total meeting hours; Medium Website Packages include five (5) total meeting hours; Large Website Packages include eight (8) total meeting hours.

Meeting time includes, without limitation, Zoom calls, strategy sessions, review meetings, consultation sessions, troubleshooting calls, and unscheduled discussions.

Meeting time is cumulative across the entire project lifecycle. Once the allocated meeting time has been exhausted, additional meeting time shall be billed at $100.00 per hour in thirty-minute increments and added to the final invoice. Separate written approval shall not be required for each additional meeting once the included allocation has been exceeded.

Details of the Works

MacMillan Design will create written content and designs for the look, layout, and functionality of the Client’s website. This contract includes one main design and two opportunities for the Client to make revisions to the final design. If the Client is not happy with the design at that point, MacMillan Design will provide the Client with an additional quote for the extra design work needed to complete the Client’s project to the Client’s further satisfaction. If instead, the Client wishes to cancel this agreement, the Client may do so, and MacMillan Design will retain the initial payment for the work completed to date.

HTML/CSS Layout Templates

MacMillan Design will develop using the WordPress platform, valid HTML5 markup, and CSS3 for styling. MacMillan Design will test all of the markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla, Google, and Opera. MacMillan Design will also test to ensure that pages will display visually in a similar—not necessarily an identical—way on mobile devices.

Project sites will not be tested in old or abandoned browsers, for example, Microsoft Internet Explorer 5, 5.5, 6, or 7 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera.

MacMillan Design will provide any stock imagery available from its license with iStockPhoto, up to the number allotted in the selected website package. Client imagery, such as headshots, Client icons, product imagery, and other such Client-specific imagery must be provided by the Client in high-resolution, in the final desired form via Dropbox. MacMillan Design will not be able to provide alteration for Client imagery unless estimated as a graphic design project outside the scope of the package project. Such alterations will not be provided as a part of the website package agreement. The Client is responsible to ensure all images provided to the MacMillan Design Team are legally acquired and legally permissible to use on the Client site. MacMillan Design accepts no responsibility for illegally acquired imagery that is provided by the Client for placement on the Client site.

E-commerce Integration

E-commerce available for Medium and Large website packages, in either WooCommerce or Shopify connected to WordPress via API. As part of the e-commerce package, MacMillan Design will provide limited data entry of product information in the following amounts:

Data entry for up to 25 products in the Medium Standard or Make It Grow website package.
Data entry for up to 50 products in the Medium Premium or Make It Grow Faster website package.
Data entry for up to 75 products in the Large Standard or Industry Challenger website package.
Data entry for up to 100 products in the Large Premium or website package.
Each product entered by the MacMillan Design Team can have up to 3 variations with up to 3 options for each variation. Variations and options beyond these limits may require additional fees to be decided on a case-by-case basis.

MacMillan Design will charge $10 per item added beyond the aforementioned limits.

If the Client Team performs their own data entry into Shopify or WooCommerce, MacMillan Design is able to provide e-commerce stores of up to 1,000 products and up to 35 categories.

Any writing and/or editing for any individual products and/or categories is included in the Clients’ allotted copywriting word count for their respective website package.

Name, Address, Phone Number (NAP) Citations

Citations, in local SEO, are mentions of key business information – the Client’s name, address, and phone number (NAP) – elsewhere on the web. A local citation can appear in a directory, on a social networking or review site, in an app, or somewhere else on the Internet. For best SEO performance, it is essential for this information to be consistent across the different sources. MacMillan Design provides NAP Citations, Citation Audits, and Citation Cleanup services through its partner at BrightLocal.com.

MacMillan Design will provide the following number of citations as a part of the Client’s website package, respective of website package size:

Local Package, Standard: 25 NAP Citations
Local Package, Premium: 50 NAP Citations
All Medium and Large Packages: 75 NAP Citations
NAP Citation Cleanup services are included in the NAP Citation package for all Small Packages.
Data Aggregator & Network Submissions are not included in website packages, but up to five can be included at $50 per submission to each Aggregator. MacMillan Design offers services for the following aggregators:
- Data Axle
- Neustar
- Foursquare
- GPS Network
- YP Network

Logos

If the Client requests a logo, MacMillan Design provides the two following options:

Option 1: MacMillan Design will provide an array of pre-designed, black-and-white logos for the Client to choose from, and then MacMillan Design will customize with the Client’s company colors.
Option 2: For an additional $1,000, MacMillan Design will provide 4-5 custom logo concepts for the Client’s review. After the Client selects one of those 4-5 concepts, MacMillan Design will provide 3 minor revisions to establish the Client’s final custom logo design.

The Client’s new logo will be provided to the Client in the following colors and formats:

1 source file (AI or EPS)
1 full color PNG
1 greyscale PNG (if possible according to design)
1 white PNG (if possible according to design)

Google Ads Campaign Set-up

The MacMillan Design Team will set up one Client Google Ad campaign as part of the Client website package. The Google Ads campaign provided can have up to 5 keywords for a campaign of up to and not exceeding $500 per month.

MacMillan Design will not pay the Google Ads account fees. The MacMillan Design Team will provide the Client Team access to the Google Ads account, if needed, so they may provide a valid credit card for Google to charge ad fees against.

MacMillan Design will not maintain this or any other Google Ad Campaign, unless hired to do so under a monthly service contract which is not included in the website packages agreement. MacMillan Design will set up the Client Google Ads campaign to the best of their ability and the knowledge available to them. Success of that ad campaign is not assured, and MacMillan Design cannot be held liable for the outcome.

Text Content

MacMillan Design will provide unique, well-researched, keyword-optimized SEO copywriting for the Client’s project based on the project scope. While MacMillan Design does its best to understand the Client’s business and industry, the ultimate responsibility for the accuracy of its content falls to the Client. MacMillan Design will not accept any legal responsibility for the content (written or visual) MacMillan Design provides to the Client upon the Client’s approval. Upon final payment of the Client’s final invoice for the project, all content MacMillan Design has created on the Client’s behalf becomes fully the property of the Client, and all imagery licenses pass to the Client.

Legacy Content Migration; Responsibility Allocation

Where Client directs MacMillan Design to migrate content from a prior website or other Client-provided source, MacMillan Design shall not be responsible for proofreading, grammar correction, fact verification, legal compliance review, regulatory compliance, or hyperlink validation of such legacy content unless separately contracted in writing.

If MacMillan Design materially edits, rewrites, or creates new content, responsibility shall extend only to the portions created or modified by MacMillan Design.

If structural modifications to the website result in changes to URL paths, MacMillan Design shall implement commercially reasonable internal redirects to preserve navigation continuity and internal link integrity. MacMillan Design shall not be responsible for maintaining, repairing, or recreating third-party backlinks unless separately contracted.

Photographs

If needed, the Client will supply MacMillan Design with photographs in digital, and will be fully responsible for acquiring the copyright for those assets the Client provides. MacMillan Design will purchase and use Stock photography and imagery from various online stock vendors and place them in the Client’s design according to the quantity allotted in the Client’s chosen package. MacMillan Design will maintain the licenses with these stock providers and the license will pass to the Client upon final payment.

Client-Provided Imagery and Asset Responsibility

Client agrees to provide only final, approved imagery and assets intended for inclusion in the website. MacMillan Design shall not be responsible for sorting, organizing, filtering, selecting, or determining Client preferences from bulk image submissions, unstructured file libraries, or disorganized digital assets.

If Client requests assistance in organizing, reviewing, selecting, editing, enhancing, restoring, compositing, manipulating, or generating imagery, including through the use of Photoshop, artificial intelligence tools, or other design software, such services shall constitute additional billable work at the rate of $100.00 per hour.

MacMillan Design makes no representation or warranty regarding subjective aesthetic satisfaction of edited or AI-generated imagery. Time spent performing requested edits or image manipulation shall be billable regardless of whether Client ultimately approves the resulting image.

Where imagery-related work arises mid-project and materials are incomplete, disorganized, evolving, or unknown in scope, any time estimate provided shall be preliminary only and may vary by plus or minus forty percent (±40%). All such overages shall be due upon final invoice.

Changes and Revisions

The estimate/quotation prices in this proposal are based on the time MacMillan Design estimates the MacMillan Design Team will need to accomplish the Client’s site build under normal circumstances. If the Client approves content or designs, but then wishes to make changes at a later stage, add extra pages or content, or even add new functionality, the Client will be provided with an additional time and cost quote for the additional work.

Scope of Work and Additional Fees

The website package prices outlined in this agreement are based on estimated hours of effort at a rate of $100 per hour. These estimates are intended to cover the scope of work as detailed in this agreement. If the Client’s project exceeds the estimated hours due to changes in requirements, unforeseen complexities, additional features, or excessive revisions, MacMillan Design will notify the Client that the project has exceeded the expected scope. MacMillan Design will provide an explanation of why the overage has occurred and discuss options, including additional fees for the extra work required or recommended actions to bring the project back within the standard scope. No additional work will be performed beyond the original estimated hours without the Client’s prior written approval.

Clarification of Package Pricing; Adjustment for Material Changes

The parties acknowledge that all Website Package pricing is derived from estimated hours calculated at One Hundred Dollars ($100.00) per hour under normal project conditions and assumptions. Such assumptions include, without limitation, complete and organized Client materials, stable scope, consolidated feedback, consistent stakeholder structure, standard tools and platforms, and timely approvals.

Package pricing does not constitute a guaranteed maximum price where Client-driven changes or external circumstances materially increase the time required to complete the project.

If, at any time, Client actions, omissions, delays, expanded requirements, process changes, platform substitutions, stakeholder additions, branding changes, regulatory or compliance requirements, asset restructuring, repeated reversals of approved decisions, or other deviations from the original project assumptions materially increase the number of hours required, MacMillan Design shall notify Client that the project has exceeded standard assumptions.

Upon such notice, additional time shall be billed at $100.00 per hour and added to the final invoice. Continued direction by Client after such notice shall constitute acceptance of additional billing.

MacMillan Design retains reasonable discretion to determine when project circumstances materially exceed original assumptions.

Disruption and Workflow Interference

MacMillan Design reserves the right to protect project workflow integrity and the timelines of other clients.

Conduct that materially disrupts workflow includes, but is not limited to, fragmented or excessive communication outside agreed channels; repeated reversal of previously approved decisions; introduction of new stakeholders after approval milestones; failure to consolidate feedback; repeated re-litigation of approved deliverables; submission of incomplete, disorganized, or shifting materials; or other conduct that materially increases required hours.

If MacMillan Design determines that Client conduct materially disrupts workflow, MacMillan Design shall provide written notice identifying the disruption. Client shall have three (3) business days to correct such conduct.

If disruption continues, MacMillan Design may, at its discretion:

(a) bill additional time at the standard hourly rate;

(b) pause and re-queue the project pursuant to the existing re-queue policy;

(d) terminate the Agreement for material breach.

In the event of termination for Client breach, all payments made shall be non-refundable, and Client shall remain liable for all accrued hours and approved overages.

Technical Support

As agreed, the quote provided includes the installation and set-up of the Client’s site on the MacMillan Design hosting server or those of their vendors (Flywheel, Bionic, and WP Engine) as well as the implementation of 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. While MacMillan Design will activate automatic updates to the Client’s site, 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 this hosting service. MacMillan Design will provide the Client a quote for debugging the update and getting the Client’s site updated securely.

MacMillan Design website packages do not include technical support for email, the Client’s computer, or third-party services such as ActiveCampaign, Kajabi, Shopfy, and others. If the Client does require help with such services, MacMillan Design may provide a quote for these 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 need assistance installing or debugging third-party plugins the Client has purchased or installed on the Client’s site, MacMillan Design is happy to 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’s performance.

Legal

MacMillan Design shall not be liable to the Client or to any third party for any damages arising out of or related to this Agreement, the services provided, the website developed, or the operation of or inability to operate the website or any related services. Such excluded damages include, without limitation, lost profits, lost savings, loss of revenue, loss of data, business interruption, reputational harm, loss of goodwill, or any incidental, consequential, indirect, exemplary, punitive, or special damages, whether arising in contract, tort, negligence, strict liability, or otherwise, even if MacMillan Design has been advised of the possibility of such damages. In all events, the total aggregate liability of MacMillan Design arising out of or relating to this Agreement shall not exceed the total fees actually paid by the Client to MacMillan Design under this Agreement. The Client acknowledges that the pricing of the services reflects this allocation of risk and limitation of liability.

Except for any express written performance guarantees specifically identified in the Client’s selected Website Package and incorporated into this Agreement, MacMillan Design makes no additional warranties or guarantees regarding search engine rankings, advertising performance, revenue generation, conversion rates, business growth, uninterrupted service, error-free operation, or compatibility with third-party platforms or hosting environments. The Client acknowledges that digital performance depends on numerous factors beyond the reasonable control of MacMillan Design, including but not limited to market competition, third-party algorithm changes, hosting infrastructure, and actions taken by the Client or other third parties.

The Client agrees to indemnify, defend, and hold harmless MacMillan Design, its owners, officers, employees, contractors, agents, and affiliates from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorney’s fees and arbitration costs, arising out of or relating to (a) materials, content, trademarks, data, or intellectual property supplied by the Client; (b) allegations of infringement relating to Client-provided materials; (c) regulatory or compliance matters relating to the Client’s business or website content; (d) structural, content, design, or operational decisions approved or directed by the Client; or (e) modifications made to the website by the Client or third parties after delivery. These indemnification obligations shall survive termination of this Agreement.

MacMillan Design reserves the right to protect the integrity of its workflow and the timelines of other clients. If Client conduct materially interferes with project workflow, including repeated reversal of approved decisions, failure to consolidate feedback, introduction of new decision-makers after approval milestones, or other conduct that materially increases required effort, MacMillan Design may provide written notice identifying such interference. If such conduct continues for three (3) business days following notice, MacMillan Design may bill additional time at the agreed hourly rate, pause and re-queue the project pursuant to this Agreement, require a written scope adjustment, or terminate the Agreement for material breach. In the event of termination due to Client breach, payments made shall be non-refundable, and Client shall remain responsible for accrued charges.

Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved exclusively through binding arbitration conducted in Cherokee County, Georgia, under the laws of the State of Georgia. The parties knowingly and voluntarily waive any right to trial by jury. Arbitration shall be conducted before a single neutral arbitrator, and judgment upon the award may be entered in any court of competent jurisdiction.

In any arbitration or legal proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, arbitration costs, and costs of collection.

If any provision of this Agreement is determined to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

Copyrights

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 that MacMillan Design 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 this 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 packages from iStockPhoto.com (Getty Images) remains with MacMillan Design as a part of the website product provided by MacMillan Design. The rights cannot be transferred to the client under any circumstances; therefore the Client may not use any stock photography provided by MacMillan Design, unless the Client purchases a license for their own use from iStockPhotography.com.

Payments

Proposal-Specific Payment Arrangements

The payment schedules stated below are the Company’s standard payment schedules. If the Proposal accepted by the Client expressly states a different payment arrangement, the payment arrangement stated in the Proposal shall supersede and control over any conflicting payment schedule contained in this Agreement. This limited override applies only to payment amounts, percentages, deposits, installments, payment milestones, due dates, and any expressly stated payment discount. No other provision of this Agreement is modified by a proposal-specific payment arrangement. Any subsequent change to the payment arrangement must be issued or approved in writing by MacMillan Design and accepted in writing or electronically by the Client.

All projects are queued on a first-come, first-served basis upon receipt of the required initial deposit.

Unless a different payment arrangement is expressly stated in the accepted Proposal, projects totaling $3,000 or less will follow this payment schedule:

50% of the total fee upon signing the Proposal.
50% of the total fee upon completion of the site build, whether or not the Client decides to launch at that time, plus any additional fees accrued during the project.

Unless a different payment arrangement is expressly stated in the accepted Proposal, projects exceeding $3,000 will follow this payment schedule:

33% of the total fee upon signing the Proposal.
33% of the total fee upon approval of the written content and design.
34% of the total fee upon completion of the site build, whether or not the Client decides to launch at that time, plus any additional fees accrued during the project.

Clients who choose to pay the entire cost of the website package project in the start deposit will receive a 10% discount on the total package fee. Clients must contact their project manager to arrange this option prior to signing the contract.

Interest accrues 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 receipt of the finished product.

The Client’s package includes the Client’s first year of hosting. Every year thereafter will be invoiced 30 days in advance of the new hosting year. Interest is accrued if payment is more than 30 days late. If the Client’s hosting payment becomes 90 days delinquent, MacMillan Design reserves the right to shut down the Client’s hosting package until full payment for that year has been received and deposited.

The Client cannot transfer this contract to anyone else without permission from MacMillan Design. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts will remain in force.