Whilly Bermudez Media

What are your payment terms?

Our payment terms are pretty industry standard. We require 50% initial payment to begin any work and remaining 50% upon completion / delivery / upload to your server. We only accept United States currency.
When you do business with us, you must adhere to our 'Payment Guarantee'. Here is what it is:
Client certifies that 100% of the funding for this assignment / project is secure and available in accordance with project completion and / or any milestone schedule. Client certifies that the funding for the project is not dependent on any 3rd party such as Investors, Partners, Crowd Funding, or any other entity that would delay any payments due to the Contractor.

Do you accept other payment terms or milestones?

We typically stick with what has proven to work the best for both our company & our clients. This is our standard payment listed above. However, from time to time we may make certain exceptions or other milestone structures but prefer to keep things as they are.

Is a contract or formal agreement required to do business?

Typically yes, however it's not always required to do business with our company. However, we would be more than happy to engage/execute one - if needed.

Do you offer refunds?

Due to the nature of our business and the type of services we provide, we do not offer refunds. The step-by-step process of our work provides our clients with the ability to approve the work as it's going along. Since 2001 we have not had any difficult clients or any problems that would warrant a refund. Please see our 'Standing Ovations' to read some of our rave reviews.

What does the 'AWOL' clause in your agreements actually mean? If I abandon the project what does that mean for me?

In our business, there are sometimes clients that may end up facing financial difficulty or no longer have an interest in the project that they were once so passionate about. Although, this is very rare, if a client abandons a project, it hurts our business. As a result, we have implanted policies to protect us as much as possible. Below is the actual clause that would be included in our agreements:
Consultant has adopted an "AWOL" ( Absence without leave) which is defined as the Client taking time away from focusing on the project and the required ongoing attention to update approvals. Consultant has reserved work time & resources in order to develop the Client's project and delays not related to the ongoing work causes internal time constraints and financial losses. Client agrees to pay Consultant an additional $500 for every 15 work days and a maximum of $2,500 where Client went "AWOL" and where the ongoing work was delayed further.
Any AWOL time period of 90 days or greater will be considered "Abandoned" and no further development work is required to be performed by the Consultant any all / any deposits are forfeited. Continuation of any work is at the sole discretion of the Consultant.

What is your policy if a project is terminated once it has been started?

Either party may terminate an Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under the Agreement. If additional payment is due, this shall be payable within thirty days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
The Client and Consultant are independent parties and nothing in the Agreement shall constitute either party as the employer, principal, or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either expressed or implied, on behalf of the other.

How do you quote or estimate a project?

When we do a cost and work analysis for a project it is done by estimating the amount of work hours that we anticipate would take to successfully complete the project. We multiply the estimated hours by our hourly rate of $35 USD. This primarily is based on 'Fixed Cost' projects.

What is a 'Fixed Cost' Project?

A fixed cost project is where we estimate the amount of work hours that we anticipate will be required to complete your project. Typically, this is more of a benefit to a client because it not as strict as a straight hourly charge. However, fixed cost projects sometimes are risky for us the web developer.

What if we start a Fixed Cost project and then I realize that I want to add another feature or function?

Changes in client input or direction beyond the initial phase or excessive changes will be charged at $35 per hour for Design or Programming work. Any work the Client wishes Consultant to create, which is not specified in the DESCRIPTION section of an agreement, or in a Proposal will be considered an additional service. Such work shall require a separate Agreement and payment separate from that specified original Agreement/Work.
Additional materials such as Stock Photography images, Unique Fonts, and any open source software not covered within the original scope of the project that will require purchase- will be incurred by the Client. Consultant will always advise Client in writing- of any expenses that are not part of the original project scope agreement so that Client can make an informed decision before purchasing any additional materials.

What is your Warranty and Support Policy?

Upon final delivery / completion of the project, Consultant agrees to provide Client with (3) months / 90 days of a warranty period where all features & functions are guaranteed to perform as initially required. Any technical issues that may arise will be diagnosed and resolved by the Consultant at no additional charge.
Consultant also agrees to provide Client with Technical Support for the same period of warranty. "Technical support" refers to a response to a support request, verbal and/or written communication, whether by phone or other electronic means, given by WB Media for the purpose of assisting with the needs of authorized representatives explicitly within the scope of the website design, appearance, function, and use.

What is your policy on 'Due Dates' and completion times?

Consultant agrees to deliver samples of design on dates as agreed upon in the Proposal. Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information, materials, or give approvals to ongoing updates in a timely manner may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work. Consultant will work on Client's project until completion and based on work days (Monday-Friday and not weekends or Holidays)

What is your Assignment Policy?

Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.

When the project is completed, do we retain complete ownership of the files and the work?

All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials. Upon completion of the project, ownership is transferred to the Client.
The short version, yes, you will retain 100% ownership of the complete project and its files. We retain nothing.

Do you upload product data to an Ecommerce website?

Unless otherwise specified by WB media in writing: WB Media is not responsible to add or upload any product/s data to an ecommerce site. WB Media is only responsible to build the full working engine that will enable the client to manage and operate their online ecommerce store. It is the client's responsibility to add, edit, and manage their own ecommerce site once it has been completed by WB Media.

General Questions

What are your hours of operation?

Our work hours are 9am to 6pm (Eastern Time) Monday - Friday - Not Including Holidays.

Do you accept walk-ins?

We do not accept walk-ins. We operate a web-based business and do not accept walk-ins or unsolicited visitors. However, we sometimes meet with our clients if previously discussed and required meetings have been set.

What is the first step in the process?

We have made our processes simple and straightforward. We have simplified it down to a science. Once we have received the initial payment for your project, we take all of the information that you have given us and use it to create the initial mockup design (look and feel). Once the initial mock up design has been approved, we move to begin the coding phase of the project.You will have the opportunity to approve the work at every step.

How can I get in touch with the designer/programmer handling my project? What is the best way?

In order to maintain the highest levels of quality and customer service, we have a fulltime work desk where all emails are received, routed, and answered- faster than you can send a text on your iPhone.

How do you communicate with clients while a project is being developed?

The best way to communicate about a current project is via email, notable app, or Skype chat. We do not accept changes or input via phone. We hold Skype chats on most morning from 8am to 10am ( Eastern Standard Time)

What is your Confidentiality policy?

The Client and Consultant may disclose confidential information one to the other to facilitate work. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
1. is already known to the party to which it is disclosed;
2. is or becomes part of the public domain without breach of an Agreement;
3. is obtained from third parties, which have no obligations to keep confidential to the parties to an Agreement.
4. The client agrees to never disclose financial terms with any of our development team members. In any emails or Skype correspondence, the client agrees to never share or indicate any of the agreed to terms of the project. Communication with our developers is only for technical matters.

How long are your proposals good for?

Any proposal issued by our company will be honored for 30 days from the time of issue.

Do you provide quality photo images/stock photography for client projects?

Due to the high costs of stock photography images, we do not provide images of any kind.

Do you provide SEO (Search Engine Optimization) services?

Yes, we do provide SEO services and this is a separate service from Web Development. Please inquiry about pricing with your account manager.

Can you develop the mobile version of my website so that it is better visible on phones and mobile devices?

Yes, we do provide mobile web development and it is a separate service. Please inquiry about pricing with your account manager.We also developer 'Responsive' websites.

Do you develop custom mobile applications for smart phones? ( iPhone, android, etc)

Yes, we do provide custom mobile application development and it is a separate service. Please inquiry about pricing with your account manager.

What is your Reservation of Rights Policy?

All rights not expressly granted in an agreement are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials. Upon completion of the project, ownership is transferred to the Client.

What is your Releases & Permissions Policy?

The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

What is your Publications Policy?

The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant. The Consultant will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.

What is your Copyright & Ownership Policy?

Copyright is in Consultant's name. Upon completion of Work, the copyright will only be released to the Client and all work will belong exclusively to the client.