These terms of use (“Agreement”) set forth the legally binding terms for your use of the Site and Services. By purchasing design services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
This Agreement is between “The Designer”, Marin Design Agency LLC (DBA Michelle Marin) and the client purchasing the services.
PROJECT SUMMARY
E-Commerce Deliverables:
—5 Web Pages (designer will style up to 400 words of copy per page)*
—5 Product Pages
—5 Product Collections
—Shopify eCommerce Platform for easy product management and selling
—Secure HTTPS Protocol (SSL for site security and improved SEO)
—Responsive & Mobile Web Design
—SEO Friendly
—1 Round of Revisions
—1 Customizable Contact Form
—Fast Page Loading
—Streamlined Online Process
*Note: The deliverables don’t include copywriting, copyediting, photography selection, photo editing, photo optimization, or SEO. The client will need to provide their own content (proofread copy and web-ready photography). In addition, pages that include more than 400 words will require an additional fee.
CLIENT DEADLINES
Client will need to meet the following milestones/deadlines in order to keep his/her project in active status. The logo project must complete within 60 days of purchase. If client misses any of the following deadlines, the project will be cancelled without refund.
60 Day Timeline:
Complete Questionnaire:
Within 2 calendar days of purchase
Respond to the designer’s questions regarding your questionnaire:
within 2 calendar days
Approve website layout once designer sends to you for approval:
Within 2 calendar days
Provide feedback once designer sends the design:
Within 2 calendar days
Respond to the designers question’s regarding your changes:
Within 2 calendar days
Provide feedback/approval once designer sends the revised design:
Within 2 calendar days
Provide domain login credentials after final approval on the design:
Within 2 calendar days
CLIENT DELAYS/REINSTATEMENT FEES
The client must complete each form and/or provide a response in the client portal to any correspondence from the designer within (2) calendar days to keep their project in “active” status and to avoid an automatic project cancellation.
If the client does not respond within (2) calendar days to any emails from the designer relating to giving feedback/revisions or completed his/her delivered form, the project will be cancelled without refund. And the following “Reinstatement” fees and conditions shall apply.
- Delay (2+ Days) The project will be automatically cancelled and no refunds are given. The designer, at their desecration may choose to reinstate the project for a fee of $250.
PROJECT EXPIRATION
This project automatically expires and is canceled after 60 days of purchase. All work must be completed by then without exceptions. No refunds will be given once the project is expired.
TIMELINE
The timeline depends on the client’s responsiveness throughout the process. The client understands that it’s his/her responsibility to fill out his/her forms provided in order to move on to the next phase of the project. In addition, if the client is late in completing his/her form or providing any content/feedback related to the project, the client’s project completion date will be pushed back depending on the designer’s current production schedule.
Questionnaire Phase …………………………………………………………… Pre-Start
Client completes website questionnaire. After the client completes his/her questionnaire in its entirety, the designer will send a “questionnaire” email to clarify the client’s desired web pages, web content, website structure, and web features. After this phase has completed, the client will receive an email with his/her web layout form.
Questionnaire Phase …………………………………………………………… Pre-Start
Client completes website questionnaire. After the client completes his/her questionnaire in its entirety, the designer will send a “questionnaire” email to clarify the client’s desired web pages, web content, website structure, and web features. After this phase has completed, the client will receive an email with his/her web layout form.
Web Layout Phase ……………………………………………………………… Project Start
The project starts on the day the client receives his/her web layout form. After the client is supplied his/her “Web Layout” form, the client has (1) business day to complete his/her provided “Web Layout” form if the client would like the project to stay on time for completion. If the client needs more time to complete, the client has up to (2) calendar days from the time the client received his/her form to avoid delay fees. The web layout form must be completed in its entirety before the client can move to the next phase of the project.
Web Design Phase ………………………………………………………… 5 business days
After the Web Layout Phase is completed in its entirety, the designer will send the client the website via the “Website Design” form after 5 business days. After the client is supplied his/her “Website Design” form, the client has (1) business day to complete his/her provided “Website Design” form if the client would like the project to stay on time for completion. If the client needs more time to complete the form, the client has up to (2) calendar days from the time the client received his/her form to avoid delay fees. The web design form must be completed in its entirety before the client can move to the next phase of the project.
Revisions Phase ………………………………………………………… 5 business days
After the Website Design Phase is completed in its entirety, the designer will send the client the revised website via the “Website Revision” form after 5 business days. After the client is supplied his/her “Website Revision” form, the client has (1) business day to complete his/her provided “Revisions” form if the client would like the project to stay on time for completion. If the client needs more time to complete the form, the client has up to (2) calendar days from the time the client received his/her form to avoid delay fees. The revisions form must be completed in its entirety before the client can move to the next phase of the project. After the “Web Revisions” form is completed in its entirety and there are no more changes requested by the client, the designer will send the client a “Web Launch” form. If the client elects to make more changes to the design, the designer will send the client a link to pay for the additional changes to the website.
Launch Phase …………………………………………………………… 5 business days
After the client is supplied their “Web Launch” form, the client has (1) business day to complete the form if the client would like the project to stay on time for completion. If the client needs more time to complete the form, the client has up to (2) calendar days from the time the client received his/her form to avoid delay fees. After the “Web Launch” form is completed in its entirety the designer will transfer the website to the client.
PROJECT RUSH
If the client would like to have the project completed before the typical timeframe, the client will be charged a rush fee of 20% of the total, per each business day the project is completed before the typical timeframe. If the typical timeframe is a range, the rush fee will be calculated from the average of the range given.
PAYMENT SCHEDULE
Total due upon project start. Payment for additional services not included in the client’s package are due in advance, prior to rendering any more work, and before delivering those additional services to the client.
PROJECT SCOPE DEFINITION
The scope of the project includes the services listed under “Project Summary.” This defines the list of deliverables and what the designer will deliver to the client.
The client understands that this service does not include: web-font licensing, copy-writing, SEO, PPC, image tagging, art direction, photography, stock photography licensing, stock video licensing, photo-editing, video-editing, photo-retouching, re-sizing/optimizing images for web-use, website performance optimization, data-entry, stripe/paypal setup, website hosting, website domain purchase, email setup/support, and website migration.
CHANGES TO PROJECT SCOPE
Change Request: If Client wants to change the Scope of Work after acceptance of this Agreement, Client shall send Designer a written Change Order describing the requested changes in
detail. Within 14 days of receiving a Change Order, Designer will respond with a statement proposing designers availability, additional fees, changes to delivery dates, and any modification to the Terms and Conditions. Designer will evaluate each Change Order at its standard rate and charges.
Major Change: A major change is defined as a major modification to the website. This may include a major change to the design, layout, structure, platform, features, and/or functionality of the website. The designer has full discretion in determining whether the client’s change request is a major change. If client requests are determined by the Designer to be a major change, the designer shall be entitled to submit a new and separate Proposal to the client for written approval. designer shall not begin work on the revised services until the designer receives a fully signed revised proposal and any additional fees.
Minor Change: If client requests are not Major Changes, client will be billed on a time and materials basis at designer’s current hourly rate or the designer may provide a flat fee for the service. Such charges shall be in addition to all other amount payable under this Agreement, despite any maximum budget, contract price or final price identified. Designer may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes.
Acceptance/Rejection: Client will have 14 days to respond in writing accepting or rejecting the new proposal. If the client rejects the proposal or doesn’t respond within the 14 day time period, the designer will not be obligated to perform any services beyond those in the original Agreement.
DECISION MAKER
Client represents (1) primary decision-maker for project & must be present for all meetings.
ADDITIONAL FEES
Any new website features, web pages, revisions, meetings not originally agreed upon in the deliverables of this contract can be added for an additional fee. Fees will be based on the designer’s current hourly rate and calculated using time and half (Hr rate x 1.5).
QUESTIONNAIRE
(a) Client agrees to complete the questionnaire and content in its entirety within (30) calendar days of purchasing design services and understands that no work will begin until its completion.
(b) Questionnaires/content not completed within 30 days (from purchase) is canceled and no refunds are given.
(b) At the designer’s discretion, questionnaires submitted after (30) days from purchase may be reinstated by paying a “Delay/Reinstatement” fee of $150.
QUESTIONNAIRE EMAIL
(a) The designer may send a message via the client’s portal to the client to further clarify the client’s questionnaire. This may include questions about the client’s desired website structure, web pages, web features, etc.
(b) In the event that the designer sends a message to the client to clarify his/her questionnaire, the website design will start after the designer receives a response to that email. The client understands no work will begin until after the client has responded to the designer’s questionnaire email and all the designer’s questions have been answered.
(c) The client must respond to the above email within (1) business day to keep his/her project on time. The client has up to (2) calendar days from the time the client received his/her form to avoid delay fees.
(d) All design feedback must be submitted via the email sent to the client.
WEBSITE LAYOUT FORM
(a) The client will receive (1) Website Layout form prior to implementing the design into the working website.
(b) The client will be presented (3) layout options via email.
(c) The client must complete his/her form in order to move onto the next phase of the project.
(d) The client must complete his/her form within (1) business day to keep his/her project on time. The client has up to (2) calendar days from the time the client received his/her form to avoid delay fees.
(e) All design feedback must be submitted through the client’s form. No design feedback will be accepted via email.(a) The client will be presented (1) Website Design via email.
(b) The working website design is the implementation of the client’s chosen WordPress Template with the client’s copy and photography.
(c) The WordPress Template will be modified to fit the client’s brand colors and brand typography.
(d) The client must complete his/her form in order to move onto the next phase of the project.
(e) The client must complete his/her form within (1) business day to keep his/her project on time. The client has up to (2) calendar days from the time the client received his/her form to avoid delay fees.
(f) All design feedback and revisions must be submitted through the client’s form. No design feedback will be accepted via email.
WEBSITE DESIGN REVIEW
(a) The client will be presented (1) Website Design via email.
(b) The working website design is the implementation of the client’s chosen WordPress Template with the client’s copy and photography.
(c) The WordPress Template will be modified to fit the client’s brand colors and brand typography.
(d) The client must complete his/her form in order to move onto the next phase of the project.
(e) The client must complete his/her form within (1) business day to keep his/her project on time. The client has up to (2) calendar days from the time the client received his/her form to avoid delay fees.
(f) All design feedback and revisions must be submitted through the client’s form. No design feedback will be accepted via email.
WORKING WEBSITE REVISIONS
Revision Session:
Once we have a working website, the client is given (1) complimentary round of revisions. The client is given up to (5) design or content revisions (within design concept) per revision session. This does not include functionality or structural changes to the website.
Changes included:
– Design changes included: Changes to the font, color, button, text.
– Content changes included: Changes to text, imagery, media.
Changes not included:
– Custom coding is not included. The client can make minor changes like font and link color and the layout will be the same as the client’s selected theme.
– Web page layouts that are not already supported by the client’s selected theme can’t be changed. (see the themes’ demo pages)
– The order of the home page sections can’t be changed.
– Changes to how the theme functions inside of a browser or mobile device can’t be changed.
Note: If the client would like to make changes that are not included, the designer will give you a custom quote for these additional changes.
Below are the terms of the Website Revisions:
(a) Client Client must complete his/her Website Design form in order to move onto the Revisions phase of the project.
(b) Client gets (1) revision session included in his/her package.
(c) Client gets (5) design/content changes per each round of revision session.
(d) Every instance the client requests changes to the website and the designer completes those changes and presents those changes to the client is considered a completed revision session.
(e) Design Revisions include: Changes to the font, color, button, text.
(f) Content Revisions include: changes to text, imagery, media.
(g) Revisions not included: Custom coding is not included. The client can make minor changes like font and link color and the layout will be the same as the client’s selected theme. Web page layouts that are not already supported by the client’s selected theme can’t be changed. (see the themes’ demo pages). The order of the home page sections can’t be changed. Changes to how the theme functions inside of a browser or mobile device can’t be changed.
(h) Revisions must fall under a minor content or design revision, as defined above.
(i) Revisions that fall outside of a minor design revision or a content revision can be done for an additional fee, and an estimate will be generated for the client.
(j) A “change” is a minor modification to an existing design.
(k) Changes to an existing design that fall outside the parameters of minor modifications are considered a “re-design”.
(l) Designer has full discretion in distinguishing between a “change” and a “redesign”.
(m) If the designer defines the change(s) as a re-design, the client will be charged an additional web design concept at 1.5x the designer’s current hourly rate.
(n) All design feedback and revisions must be submitted through the client’s form. No revision requests will be accepted via email. Any new revisions the client would like to make after submitting his/her form can be applied to a new revision session.
(o) The client must complete his/her form within (1) business day to keep his/her project on time. The client has up to (2) calendar days from the time the client received his/her form to avoid delay fees.
(p) If the client’s form is not completed within 2 days from receipt, the project is automatically canceled and no refunds are given.
(q) Once the client approves his/her design, no more revisions will be made to the website. If the client would like the designer to make changes to the design after the project is finalized, the client can hire the designer to do so under a new contract and for an additional fee.
(r) Website launch/hosting info will be given to the client upon final payment clearing and final client approval.
DIGITAL FILES
Length of storage: All final files created for the client are stored by the designer up to (30) calendar days from the date that the designer supplied the files to the client.
Retrieval fee: There will be a nominal fee to retrieve and transfer any digital files after the project has been completed and after all files have already been supplied to the client.
WEBSITE REQUIREMENTS
If the client has specific requirements for specific devices/browsers the website must be supported on, the client agrees to send those requirements to the designer via the client’s questionnaire or prior to project start.
PROOF READING WEBSITE COPY
It’s the Client’s responsibility to ensure all content is accurate before giving it to the designer to input into any designs created. Additionally, the client is responsible for Proof Reading the website before it is approved. The designer is not responsible for errors found after the website has been approved.
COLOR
The designer cannot guarantee that colors in the website will appear consistently or accurately on the web as it’s impossible to control the way any given monitor screen is calibrated. It’s advised that the client calibrates his/her monitor before design meetings and/or reviewing designs to ensure he/she is viewing the most accurate colors.
DESKTOP BROWSER TESTING
The designer will test the website in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome) and Microsoft (Internet Explorer). The designer will also test to ensure Microsoft IE Edge for Windows users get an appropriate experience. The designer will not test for older versions of Internet Explorer or other older browsers unless the client specifies otherwise. If the client needs an enhanced design for an older browser, the designer can provide a separate estimate for that.
RESPONSIVE DESIGN & MOBILE DEVICE TESTING
The designer will create the website using responsive web design. This does not mean that the website will have a separate custom design/website for mobile. Responsive means the website is using a responsive grid that recognizes when the screen size goes to mobile and adjusts the layout to contain the contents within that size.
The client’s mobile design experience will be tested on portrait orientation. If the client would like the designer to also create a custom design for landscape orientation on mobile, a quote can be generated for an additional fee.
If the client would like a completely custom web design experience on mobile devices, that will be quoted as a separate project altogether as it will require a new design and build of a mobile version of your website.
The designer will test the working website on the following mobile devices:
Mobile Devices:
iPhone 7, iPhone 8 Plus, iPhone XR, iPhone 11, Samsung Galaxy s9, iPad
Mobile Browsers:
For iOS Devices: Safari
For Android 4.x Devices: Google Chrome
The designer doesn’t test Blackberry, Opera Mini/Mobile, Windows Phone, Amazon Kindle or other mobile browsers. The designer cannot guarantee that the client’s website will look the same on every mobile device. If the client would like to guarantee that his/her website looks good and consistent on a browser or a mobile device not listed in the designer’s list of devices/browsers the designer will test on, that can be done for an additional fee.
TECHNICAL SUPPORT
For an additional fee, the designer can set up the client’s email, domain, plus any statistics software such as Google Analytics. The designer can provide a separate estimate for this support. Afterward, the management of that server will be up to the client.
LIMITATION OF LIABILITIES; DISCLAIMER OF WARRANTIES
Although the designer strives for the client’s website’s optimal performance and security, the designer does not build the WordPress software or plugins used on the website, nor are supplying the hosting platform it runs on.
For this reason, the designer does not represent, guarantee or warrant that the functions contained in these webpages or internet website will be will be uninterrupted, error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and the designer disclaims any liability relating thereto.
To the extent not prohibited by law, in no event will the designer be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, however caused, even if the designer has been advised of the possibility of such damages.
THIRD PARTY OR CLIENT MODIFICATIONS
The designer is responsible for the code that is produced until it reaches the Client. If the Client makes any changes to the code, or the Client incorporates other code that was not originally part of the project, such as new updated plugins or themes, third-party account integrations, libraries or extensions, the designer will not be responsible for any adverse affect on the project. In the event that an adverse affect happens after the Client makes changes to the website, the Client may elect to hire the designer to fix the issue for an additional fee.
CLIENT REVIEW & TESTING
The client agrees to fully test the website prior to giving final approval on the website.
This includes testing web forms as well as mobile device testing. Any errors on the website must be provided to the designer prior to approval on the website. Once the website is approved, additional changes will require an additional fee and a new contract.
WEBSITE LAUNCH
In order to complete the website process, the client must approve the final website and submit final payment (including any additional revisions / overtime hours).
WEBSITE HOSTING
Once the client has given final approval on his/her live website, the client may either:
(a) Migrate their website from the designer’s web host to a different web host. In this case, the client is responsible to arrange the migration and payment to his/her new web host company. The designer does not offer website migration services.
(b) Set up the client’s own hosting plan with the designer’s same web host company. (The web host company will then transfer the client’s website from the designer’s plan to the client’s newly creating hosting plan. All hosting billing will then go to the client.) In this case, the designer will send the client all information relating to how the client can create his/her own hosting plan and start the process of the website transfer.
WEBSITE TRANSFER
If the client elects option (b) noted above and selects the designer’s recommended web host company, the client will receive instructions on how he/she can accept the website transfer via a website transfer code provided by the designer. There will be steps the client must follow on his/her end in order to complete the website transfer. If the client would like the designer to take the steps of completing the website transfer on the client’s behalf, that can be done for an additional fee.
ONGOING WEBSITE SUPPORT
Once the website is approved by the client and the project is launched on the web, any additional changes made to the website and/or website will require an On-Going Support Contract.
The Client can elect to either enter an on-going support contract, or contract the Designer for one-time support sessions. All one-time support sessions and monthly support contracts must be paid in advance. The designer does not offer email website support at this time.
ONGOING INVESTMENT
Websites aren’t a set and forget marketing tool. They’re an ongoing investment that thrives with a bit of TLC. After this, there are a few things the client will need to renew. The client has 2 options below to keep the website up-to-date and protected from website hacks in the future.
(a) The client can buy licenses for premium plugins used on his/her site in order to keep those plugins up-to-date. The designer will provide the information to obtain a license after Website Launch upon request by the client. In addition, the client will be responsible for making updates to his/her own site in the future.
(b) The client may elect to enter an ongoing Website Care Plan Contract so the designer will perform updates and manage all plugin licenses on the client’s behalf.
CONTACT
The client understands that all communication will be via the client’s online client portal.
Client portal communication will be 3 business days during the work week when the designer is in the office. The designer will respond to emails sent over the weekend, nationally observed holidays, or when the designer is out of the office within 3 business days of the following business day. Any correspondence after 5pm EST/EDT on business days will be considered received the following business day.
PAYMENT SCHEDULE
Before work begins, full payment is due. The project can be scheduled once the designer receives the payment. If additional features/services are added to the project, the payment is due upon receipt, and before the designer begins work on the additional features/services.
ACCEPTED PAYMENTS
The designer accepts all major credit/debit cards for payment (Visa, Mastercard, Discover, American Express). As well as Paypal payments. Checks, cash or money orders will not be accepted.
CREDIT CARD AUTHORIZATION
Client authorizes Michelle Marin to charge the same credit card used to purchase the client’s package for any additional fees including: additional revisions, client delay fees and rush fees.
ADDITIONAL FEES
In the event that additional services/fees are added to the project. The client will be charged for additional fees including: additional design options, additional revisions, rush fees, or anything not included in the client’s package. Any additional fees accrued (add-on services, changes in scope, late fees, etc.) are due in advance and before the designer begins work on the additional features/services.
REFUND POLICY
All sales are final. There are no refunds.
CHARGEBACK
(a) In the event the client does a chargeback, client agrees to pay all fees related to the charge back including, but not limited to collection fees and fees charge by the payment processing company.
(b) Client also agrees and understands that if a chargeback is made, they will be sent to collections to recoup all costs associated with the chargeback.
NON-PAYMENT
(a) After (30) calendar days of non-payment, this contract will automatically be cancelled. The full balance of the project is then due immediately. No refunds will be given.
(b) After (60) calendar days of non-payment all remaining balances will be forwarded to collections.
(c) If, after the project has commenced, any subsequent invoices are not paid within (30) calendar days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring (30) calendar day period until the full amount is received.
(d) Client shall pay all collection or legal fees caused by delayed payments.
(e) Payments will be credited to late payments first, then to unpaid balances.
(f) Designer will withhold delivery and transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full.
(g) All grants of any license to use or transfer ownership of any intellectual property rights under this Agreement are conditioned on full payment, including all outstanding Additional Costs, Expenses, Fees, or any other charges.
CANCELLATIONS
ALL SALES ARE FINAL. Should the client want to cancel the project there are no refunds. All service fees are due immediately upon cancellation regardless of what stage of the project is in or what has been completed. This holds true even if the client cancels after the project is completed and whether or not the end product is delivered to the client. The designer will retain any work completed. All content provided by the client will remain in the client’s ownership.
The designer may cancel the contract at any time during the project if the designer doesn’t feel that the client is a good fit.
WARRANTY, OWNERSHIP, & INDEMNIFICATION
(a) Client guarantees that any elements (graphics, photos, designs, trademarks, or other artwork) provided for inclusion in the web design are either owned by client, or that he/she has permission to use them. In addition, the client will hold harmless, protect, indemnify and defend the designer from any claim or suit arising from the use of such work.
(b) The designer guarantees that the work produced is original or properly licensed for commercial use. Before payment clearing, the designer retains ownership of all artwork.
(c) After full payment (including additional design options, additional changes, and delay fees) clearing for the project, full copyright is given to the client.
(d) The designer reserves the right to display and link to the completed project as part of the designer’s portfolio and to write about the project on websites, in magazine articles and books about graphic design upon receiving written consent from the client.
NONDISCLOSURE
The client agrees not to share any of the designer’s concepts, art, or work with outside designers or agencies unless you have purchased the artwork release from the designer. This includes, but is not limited to design concepts, sketches, proofs and design work. In addition, the designer will also keep the Client’s ideas, artwork or content confidential unless written consent has been granted by the Client to do so.
FORCE MAJEURE
Any delay in the performance by the designer is not be a breach of this Agreement if such delay arises out unforeseen events such as storm, flood, hurricane, strikes, work stoppages or slowdowns, sickness, death, epidemic or quarantine restrictions and/or unforeseen equipment failure.
LEGAL STUFF
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.
ARBITRATION CLAUSE
Both parties do hereby agree to resolve, through binding arbitration, any dispute that arises among the parties from date of entering into the contract.
ENTIRE AGREEMENT
Just like a parking ticket, you can’t transfer this contract to anyone else without the designer’s 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. This contract is a legal document under exclusive jurisdiction of the courts of Tampa, Florida in the United States of America.
