Terms of Service
‘Client’ is engaging above named ‘Provider’, a sole-proprietorship, as an independent contractor for the specific project of developing a web site. The ‘Client’ hereby authorizes ‘Provider’ access and “write permissions” to all directories and files of this account.
Quotes & Contracts
Quotes provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.
Fees & Payment
- All fees applicable to payment in full.
- Service costs are variable and based on individual projects.
- A down payment or full payment may be required prior to any work beginning.
- Payments online will be accepted via PayPal, Visa, Mastercard, Discover, and American Express.
A request to terminate services must be presented in writing. You will receive a full refund within 30 days of your written request. Otherwise, please follow the refund terms below.
Refund Amounts will be calculated in the following ways:
- A cancellation fee of 20% (twenty percent) of the total deposit paid will be retained for projects that have been booked, but cancelled prior to the start date.
- A cancellation fee of 30% (thirty percent) of the total deposit paid will be retained for projects that have been started and are in the design process.
- A design fee of 50% (fifty percent) will be retained on projects where the design portion of the development has been completed, and the client has accepted the design, but whereas the development process of the project has not begun. (Upon payment, the design will be released to the client for use, see copyright & ownership clause).
- Projects that are in the development process at the time the request for termination is received will be billed at the hourly rate. Should the amount of time put into your project be greater than the deposit you have paid, you will be billed the difference. Upon payment of these fees, the work completed up to the time of termination will be released to the client.
Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
Copyright & Trademarks
The ‘Client’ represents to ‘Provider’ and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ‘Provider’ for inclusion in web site are owned by the ‘Client’, or that the ‘Client’ has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ‘Provider’ from any claim or suit arising from the use of such elements furnished by the ‘Client’.
‘Provider’ guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both ‘Client’ and ‘Provider’ that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless ‘Client’ receives direct authorization from the 3rd party.
Copyright to the finished assembled work of individual web site produced and designed by ‘Provider’ is owned by ‘Provider’. This ownership is to include rights to the design, any photos or graphics supplied by ‘Provider’, source code, and computer programs specifically designed for this web site. Upon full and final payment of this contract, the ‘Client’ is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site.
Laws Affecting Electronic Commerce
The ‘Client’ agrees that the ‘Client’ is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ‘Provider’ and it’s subcontractors from any claim, suit, penalty, tax, or tariff arising from the ‘Client’s’ use of Internet electronic commerce.
In the event that ‘Client’ or other agent acting on the behalf of the ‘Client’ accesses files and disrupts the layout or functionality of the web site, ‘Provider’ can work to get the web site back up and running at the regular hourly rate.
Under no circumstances, including negligence, shall ‘Provider’, or any other company involved in the creation, production or distribution of the web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ‘Provider’s’ services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to ‘Provider’s’ records, programs or services.
Providers may, during the course of providing services hereunder or in relation to this contract have access to, and acquire knowledge regarding materials, data, systems, and other information of or with respect to ‘Client’ which may not be accessible or known to the general public. Any knowledge acquired by ‘Provider’ from such materials shall not be used, published or divulged by ‘Provider’ to any person, firm or outside source without the express written consent of ‘Client’.
Acceptance & Understanding
This constitutes the sole agreement between the ‘Provider’ and ‘Client’. This agreement shall be governed and construed in accordance with international law.
If you have any additional questions about this Terms of Serivce, please contact us.