Terms & Conditions

Payment Obligations, Renewals, and Cancellations

  1. Website Development Payment Obligations: A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee, unless an alternative contract or proposal specifies a different amount. The outstanding balance on your website is due after the design, navigation and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that Red Penguin Web Solutions gets paid for performing their duty under the proposal, despite tardy content from the client. After payment, Red Penguin Web Solutions will still post outstanding content AT NO CHARGE for 3 months, or continually of a maintenance/updates agreement in in place. In the event an “under construction” page is posted due to missing content, Red Penguin Web Solutions will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date. After the three months have expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.
  2. Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. Red Penguin Web Solutions my elect at its sole discretion to offer a partial refund depending upon the circumstances.
  3. Stock Photography Payment Obligations: Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of client for use in website development is billable at a minimum of $10 per picture. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $10, in which case we will solicit client approval and communicate the price before purchasing.
  4. Description of Ongoing Costs: There are 3 types of ongoing costs: domain registration, hosting and maintenance/updates.
    1. Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. You are NOT required to register a domain through us. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.
    2. Hosting: This cost recurs annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with Red Penguin to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.
    3. Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Red Penguin Web Solutions fifteen (15) days before the renewal date that you do not wish to renew the account.
    4. Hosting Cancellation Payment Obligations: You may cancel at anytime. If you cancel before the first 30 days from the opening of your account, please refer to the details under “Limited 30-day Money Back Guarantee.” If you cancel after the first 30 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. Red Penguin Web Solutions will refund the prepaid fees for basic hosting for the full months remaining after effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $25. Accounts that are terminated by Red Penguin Web Solutions for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 10 business days from your cancellation date.
    5. Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider Red Penguin Web Solutions can, upon request, download your site onto a CD and mail it to you. The cost for this service $50 per copy. Otherwise, FTP access to your site can be made available for transfer purposes.
    6. Limited 30-day Money Back Guarantee on Hosting: If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund on your hosting fee excluding setup fees and time accrued from setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.
    7. Sites NOT Hosted by Red Penguin: Should client decide to host their site on another server, Red Penguin Web Solutions cannot guarantee the all elements of the site will work. Red Penguin Web Solutions will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Red Penguin believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
    8. Website Maintenance: You are under no obligation to sign-up for a monthly/annual updates plan with Red Penguin – upon completion of your website set-up, you are welcome to take your website files elsewhere to host/maintain them on a different server. However, if you would like the personal, professional service of Red Penguin and the ease of maintaining your site, we offer monthly/annual unlimited update plans.

Additional Processes

  1. Email We offer free domain-based email accounts to our clients as part of any hosting contract. If site is not hosted by Red Penguin, we take no responsibility for setting up and troubleshooting email problems.
  2. Training – For websites with administrative control panels or content management systems, two (2) one-hour training sessions will be provided.
  3. Technical Support – We offer local and long-distance phone support to our clients. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If Red Penguin is not the source of the problem, technical support may be billable.

Training and Tutorials

Because customer service is in integral part of our business strategy, all of our projects include a one-time complimentary training session in order for our clients to better make use of their new web technology. Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.

Non-Domain-Based Troubleshooting

Red Penguin Web Solutions maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email accounts (name@charter.net, name@3rivers.net, etc), your home or office internet connections, or any other non-domain-based issues outside Red Penguin Web Solution’s realm of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.