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The Flagship Plan

Terms of Agreement

1. Term & Cancellation


1.1 The Flagship Plan is an at-will agreement and may be canceled at any time.

1.2 The full life of the contract is three years (unless opting for the 1-year option: see 1.5). Before the completion of the contract, Pier 2 Design owns all the intellectual property we created excluding the clients logo (the logo is considered the clients intellectual property upon delivery).

1.3 Cancellation of the contract before the completion will result in the return of the clients intellectual property (text and images when applicable) while Pier 2 Design retains their intellectual property (web graphics, custom code).

1.4 After the two year term is complete the client owns all the intellectual property transferable from Pier 2 Design. This excludes non-transferable ownership of items such as open source code or graphics under Creative Commons.

1.5 Clients may opt for a one year option if they desire to own their site free and clear in a shorter time span. In this case the monthly would be $380 rather than $250. Clients may only transition from a two-year agreement to a one-year agreement if they pay $80 for every month previous. Clients may transition from a one-year to a two-year contract, but no additional credit for the previous months will be given (meaning you'll just continue the contract paying the $250 for the remainder of 24 months from the start of the contract). Generally it's in your best interest to pick the contract that is right for you and stick with it.


2. Payments & Enumeration


2.1 The base price is $500 for the first month, paid after the discovery process comes to a close and before the design phase begins.

2.2 Extra initial costs for features and services in addition to the base offering must be paid with the first month payment unless a payment plan is agreed upon, in which case the first month charge will be $500 + adjustments.

2.3 Beginning one month after the site goes live the client will pay the monthly base price of $250 unless there is a payment plan to cover additional features and services, in which case each month will be $250 + adjustment (or unless they are doing the two-year plan). In addition, extra hours for services from the previous months will be charged at a discounted rate of $75 an hour.

2.4 An account is considered past due on the 11th day after the due date. A past due payment incurs an additional fee of $20. While an account is past due no service hours will be rendered, however the service hours my be recouped or rolled over to the next month if the full balance is paid before the next billing date. If the client wishes, they may waive the service hours in exchange for a waived overdue fee, in which case they would owe only their regular monthly payment, provided that payment is made before the next due date.

2.5 After two months are past due, the site will be suspended on the first day of the third billing cycle. The client must pay two months and two overdue fees in order to restore service. A suspended site will remain on the Pier 2 Design servers for 45 days before deletion. If the client pays the first two overdue months in full the site will be restored, but the payment for the current month will be due immediately, or past due, depending on the date. After 45 days of suspension the site will be deleted from the web servers and archived offline. Restoration of an archived site will incur a setup fee of $200. The client may request extension of suspension without deletion, but these requests will be considered on a case-by-case basis.


3. Client Obligations


3.1 The client is responsible for providing a completed creative brief and all initial content (unless content writing is part of the service) before the commencement of the design phase.

3.2 While P2D will help you plan the use of your monthly service hours, it is ultimately the clients responsibility to commission the use of those hours and provide adequate input per-project.

3.3 While we try to complete all tasks quickly and expeditiously, we are not responsible for delays caused by waiting for client feedback or client approval.


4. One-Month Offset Program


4.1 The One-Month Offset Program is designed to help clients who are having a tight month. We understand that on a rainy day, the last thing you need is a kick in the pants by extra fees.

4.2 Clients may make a one-time request for an offset month before their next billing date. We will then give you that month "free" in that you will not be charged. We will add one more month to your two-year contract. During the offset month we will not be performing the usual monthly services for you (you get those on that last month), but your site will continue as usual. You will then be billed the following month as though the previous month never happened. In this way you enjoy a one month reprieve on your subscription fees without losing the vital services of your web site.

4.3 The One-Month Offset Program may be used on any month of the two-year term (excluding the first month), and may be used only once. If you have already used your offset month but are facing more financial difficulty, contact us directly and we can discuss what options may be available.

4.4 If a client is past the due date for their billing cycle, that month is not eligible for Offset, however you may request the following month as an offset month before it's due date.