Instead of giving you a rehash of the same websites and projects that you've seen over and over again,
at RedLotus Austin we give you the personal time and attention necessary to fully understand your vision.
Let us help you turn that vision into reality.
In order to give a client the best product possible, and before we do anything else, we first discuss your project and goals. Ony then can we help plan and design a site that perfectly fits your needs.
After we have all of the requirements and info about your project together, we can get started on the really fun stuff: the planning! Ok, maybe it doesn't sound that fun but, it's extremely important to make sure that everyone is on the same page and that no details get left out.
Okay, the planning is done, now on to the heavy lifting: building and testing your new site or project. This is where everything comes together and all of the bugs get shaken out. This is typically the longest stage since we make sure to thoroughly test every part of your site.
This is the moment we have been waiting for! Now, all of the time talking, planning, and testing things pays off and we get to see your site go live. It might be a small launch or you may have a huge party planned to show things off; either way, this is when you see your idea fully realized!
We're here to help you: Static & Responsive websites, blogs, CMS, CRM, Customer Outreach, Project Management, Business Process Control, Inventory Management, and more.
For RedLotus Austin, web-development is our bread and butter. We take your ideas and bring them to life.
We provide dedicated, customized solutions for all of your web hosting needs. Whether you just have to get a site online quickly to generate traffic for your business, or you have outgrown your current host and need something faster with more freedom, we have exactly the plan for you.
If you're ready to signup for hosting, just click on a section above.
Our Basic Maintenance Plan includes 5 text or image updates a month. These are generally limited to things that don't require modification to the layout/design/functionality of the site and would be useful for posting new blog posts, updated pictures, etc.
Starting at $49/mo.
The Advanced Maintenance Plan includes the same 5 text or images changes as our Basic Maintenance Plan, as well as weekly offsite backups and keeping the CMS and plugins up to date, if needed.
Starting at $99/mo.
If you sell merchandise through your website, then you know just how important it is to be able to add new products and deal with issues as they come up; so do we. Let us manage your online store with our Shopping Cart Support so you can interact with customers and run your business.
Starting at $79/mo.
In addition to up to 10 text or image changes per month, our Disaster Recovery and Maintenance Plan includes managed backups and monitoring of your site, VPS, or Dedicated Server so, if there is ever a problem, we can fix it quickly and keep your business running smoothly.
Starting at $149/mo.
Let us be the full-service webmasters for your company. Website, Email, Analytics Reporting, Backups and more- we take care of everything so that you don't have to worry about it. We work with you to constantly improve your website and help you reach your goals by providing valuable information about how your visitors interact with your website.
Starting at $249/mo.
Generally, we're able to be flexible and don't mind doing a few modifications to sites to make updates seamless. If anything is outside of the scope of the Maintenance Plan, we identify it as such and provide a detailed Scope of Work for the changes as a separate project, which you could approve if you chose to.
For most of our development and support services, we generally work from
8am - 6pm CST
Monday through Friday.
E-mail Support for our hosting services is available 24/7.
While we make every effort to respond as quickly as possible (usually within 12 hours), we are a small firm and can only guarantee to get back to you within 2 business days for most issues.
We are not responsible for republished content from this site on other sites or websites without our permission.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with RedLotus Austin, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. RedLotus Austin is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
Dedicated IP Address Allocation
Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Third Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. RedLotus Austin is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by RedLotus Austin are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.
We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
All services provided by RedLotus Austin may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless RedLotus Austin from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@RedLotusAustin.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.Examples of unacceptable material on all Shared and Reseller servers include:
Examples of unacceptable material on all Dedicated servers include:
RedLotus Austin services, including all related equipment, networks and network devices are provided only for authorized customer use. RedLotus Austin systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of RedLotus Austin system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. RedLotus Austin may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
Sites hosted on RedLotusAustin.com's service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. RedLotusAustin.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like RedLotusAustin.com and many of RedLotusAustin.com's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, RedLotusAustin.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under RedLotusAustin.com's webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us at abuse@RedLotusAustin.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Please read https://www.RedLotusAustin.com/mailpolicy.html for our generalized mail policy.
Please read https://www.RedLotusAustin.com/dedicated-mailpolicy.html for our dedicated server mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
RedLotus Austin reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
RedLotus Austin reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of RedLotus Austin.
4.) Payment Information
You agree to supply appropriate payment for the services received from RedLotus Austin, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify RedLotus Austin of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the client portal. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of RedLotus Austin, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify RedLotus Austin of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by RedLotus Austin. RedLotus Austin reserves the right to bill your credit card or billing information on file with us. RedLotus Austin provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to RedLotus Austin for services rendered. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at sales@RedLotusAustin.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and RedLotus Austin cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at sales@RedLotusAustin.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@RedLotusAustin.com
RedLotus Austin reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. RedLotus Austin is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on RedLotus Austin servers.
6.) Cancellations and Refunds
RedLotus Austin reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and RedLotus Austin is not responsible for any change in exchange rates between time of payment and time of refund.
Customers may cancel at any time via their client portal. RedLotus Austin gives you an unconditional 45 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.
Cancellations requested after the initial 45 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 45 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Refund requests for .com, .net., and .org domain names (made within the 45 day money-back guarantee period) will have the common market value subtracted for those tld's. Any ccTLD's domain name purchases are non-refundable. Please note that domain refunds will only be considered if they were ordered in conjunction with a hosting package. Eligibility of said refunds will be determined at the time of cancellation.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("https://yourdomain.com/include.php") use include("include.php")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
7c.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9a.) Money back Guarantee
On dedicated servers no full refund will be honored -- the 45 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of RedLotus Austin's managed shared, VPS, and reseller servers carry a 45 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
RedLotus Austin will not activate new orders or activate new packages for customers who have an outstanding balance with RedLotus Austin. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by RedLotus Austin in writing.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of RedLotus Austin dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@RedLotusAustin.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. RedLotus Austin does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. RedLotus Austin will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
11.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.
The Business plan provides a free toll-free number for your web site and business. Minutes Included Per Month: 100 -- Additional Minutes: 4.9 Cents. Included minutes are based on a calendar month. By default, you'll be able to receive calls from US callers only. You can enable calls from Canada in your control panel, but will be billed 6.9 cents per minute for all calls from Canada due to the increased costs of providing service there. This service is provided and supported by Voipo for new RedLotus Austin clients.
*Please note: Toll-Free numbers issued must be called at least once every 30 days. Toll-free numbers with 0 calls in a 30 day period will be considered inactive and disconnected. If you cancel your hosting package with RedLotus Austin or switch to a plan other than the business plan, your toll-free number will be disconnected unless you contact VOIPo to change to a paid service plan prior to the RedLotus Austin cancellation.
12.) Dedicated Servers
RedLotus Austin reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. RedLotus Austin reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@RedLotusAustin.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
13.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on RedLotusAustin.com, and the right to increase the amount of resources given to plans at any time.
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.
Customer agrees that it shall defend, indemnify, save and hold RedLotus Austin harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against RedLotus Austin, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless RedLotus Austin against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with RedLotus Austin; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from RedLotus Austin's server.
15b.) Arbitration By using any RedLotus Austin services, you agree to submit to binding arbitration. If any disputes or claims arise against RedLotus Austin or its subsidiaries, such disputes will be handled by an arbitrator of RedLotus Austin's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
RedLotus Austin shall not be responsible for any damages your business may suffer. RedLotus Austin makes no warranties of any kind, expressed or implied for services we provide. RedLotus Austin disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by RedLotus Austin and its employees.
17.) Disclosure to law enforcement
RedLotus Austin may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
18.) Changes to the TOS
RedLotus Austin reserves the right to revise its policies at any time without notice.
Between RedLotus Austin (presented as "RedLotus" or "we") and CLIENT’S NAME (presented as "you" or "client").
We will always do our utmost to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we're both on the same page as far as goals, who is responsible for what and what happens if things go wrong. In this contract you won't find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret; we want what's best for the safety of both parties, now and in the future.
You, CLIENT’S NAME, are hiring RedLotus Austin located in Austin, Texas to design and develop a web site for the quoted total price outlined in our previous correspondence, as well as in the attached Scope of Work. The agreed payment plan is at the end of the document in the Payment & Fees section.
As our client, you verify that you have the power and ability to enter into this contract on behalf of you or your company or organization. You agree to provide RedLotus with everything that we need to complete the project including text, images and other information as and when we need it, or as outlined by project milestones, and in the format that we ask for. You agree to review our work, and to provide feedback and sign-off on approval or request changes in a timely manner. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
In order to complete the work that we've agreed upon, it may be necessary for RedLotus to access your hosting or domain account, server or any other related device or account. As such, you agree to provide us with the necessary access to any such items names in this Scope of Work, or that may be identified once the project is started. At RedLotus we value security and privacy and will always maintain the confidentiality of any information that you give us.
RedLotus has the experience and ability to perform the services you need and will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set, but we can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off on our work on-time at any stage.
We will create or customize designs for the look-and-feel, layout and functionality of your web site if requested and outlined as part of the scope of the project. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions, unless otherwise specified. If you're not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract, continue to commission us to make further design revisions at the hourly rate detailed in the Payment & Fees section below or provide a finished design from another source.
If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid HTML5 markup and CSS3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Google, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 7 for Windows as this browser is now past its support date.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Opera unless otherwise specified.
Unless a mobile or responsive version of the site has been requested, mobile browsers will display the pages in as close to an approximation of the full site as possible
We are not responsible for writing or inputting any text copy unless we specified it in the original estimate.
If needed, you will supply us with photographs in digital format. Any time we spend searching for or taking appropriate photographs will be charged at an hourly rate, after a free initial consultation to determine if this is the best route to take.
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don't want to limit either your options or your opportunities to change your mind.
The quotation prices at the beginning of this document are an estimate based on the amount of time and complexity of solutions required to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won't be a problem. For any additions that come up, we ask you to put requests in writing so we can keep track of changes. Depending on what new things you want to add, we may suggest going with an hourly rate in addendum to this project or creating a new project with those specific goals.
Unfortunately, there is no way to guaranty that any given site will work on any given web host. We do make sure that everything works on our servers, which means that they will usually work with other hosting providers but, there are times when restrictions on your account, outdated software or other things prevent your site from working when we move it anywhere else. We do our best to identify any possible issues and test them before creating a Scope of Work, let alone actually launching but, it's not always 100% possible to check everything.
You may already have professional web site hosting, you might even manage that hosting in-house; if that's the case, great! If you don't manage your own web site hosting, we would love to have you as a hosting client at RedLotus or we can suggest several other hosting companies who we recommend. The cost of installing your site on your web server is included in the quotation price of this project.
For 30 days after your site is live and accessible online to the public, we will provide technical support and troubleshooting free of cost. After the 30-day period, the updates to, and management of your site and server are your responsibility. If you need help beyond that period, we would love to discuss that with you.
We can't guarantee that the functions contained in any web page templates or in a completed web site will always 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 arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised me of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide for inclusion in the web site are either owned by your good self, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them somewhere safe, as we are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.
We love to show off our work and share what we have learned with other people, so we always ask you for the right to display and link to your completed project as part of our portfolio and to discuss or write about the project on web sites, in magazine articles and in books about web design, as well as any other media.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we also hope that you'll want to continue your business with us, you agree to stick to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.
We prefer that payments be handled through our online system, both for simplicity and because it uses less paper, fuel and human resources. We accept all major credit/debit cards, PayPal and bank transfers. If you need to pay by check, please let us know beforehand and be aware that we are unable to begin work until the first payment has been received so, this may delay starting on your project.
Deposit: 50% of total estimated fee upon execution of this agreement.
Remainder of fee payable not more than 14 days after receipt of finished product.
Interest accrued if payment is more than 14 days late is 5% of outstanding amount to be added every 7 days, starting from 15th day after receipt of finished product.
A $75 hourly rate shall govern additional work beyond the maximums and scopes specified above and in the project quotation for such services as general Internet orientation education, server or Content Management System maintenance, marketing consulting, design, editing, and art, photo, or graphics services.
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. 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 of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the courts of Texas state.