This Agreement is between “The Designer”, Marin Design Agency, LLC (DBA Michelle Marin) and the client purchasing the services.
You are engaging the designer, as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorizes the designer access and “write permissions” to all directories and files of your account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.
PRICING & PAYMENTS
Once a client of the designer, you authorize the designer to charge the payment method you submitted for all the invoices generated for the services rendered under this ongoing website care plan.
Cancellation of any monthly recurring service can occur at any time after your first one month (30 days) of service.
In order to cancel your recurring payment or change payment method, simply contact the designer prior to your payment’s due date.
THIRD PARTY OR CLIENT PAGE MODIFICATIONS
You acknowledge that you or their staff have access to independently edit or update web pages within WordPress platform.
You also acknowledge that anyone other than the designer or its subcontractors who attempt to update the website and damages the design or impairs the ability for the web pages to display or function properly, may result in time to repair the web pages in order to restore the website.
In this event, damages will be assessed at an hourly rate of $175 per hour with a one-hour minimum. Work to repair the website from third-party modifications is outside of the support time and scope of the on-going website care.
LIMITATION OF LIABILITIES; DISCLAIMER OF WARRANTIES
Although there are limitations to the guarantees the designer can provide, your satisfaction is very important to the designer. Please read and understand our limits of liability before engaging in our services.
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.
For an additional fee, the designer can 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.
The client understands that this service does not include: web-font licensing, copy-writing, SEO, image tagging, art direction, photography, stock photography licensing, photo-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.
Client agrees and understands that all communication will be via email.
Emails and phone calls will be answered within 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 for any reason, 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.
Before work begins, the client will pay his/her fee. Full payment if required prior to work beginning on the website.
The designer accepts all major credit/debit cards for payment (Visa, Discover, American Express). Checks, cash or money orders will not be accepted.
CREDIT CARD AUTHORIZATION
Client authorizes the designer to charge the same credit card used to purchase the client’s web care plan for any additional fees requested by the client.
In the event that additional services are added beyond the scope of the client’s web care plan, the client will be charged for those additional fees. Payment for additional fees are due in advance, prior to rendering any more work, and before the service is delivered to the client.
All sales are final. There are no refunds.
(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.
(a) If, after the project has commenced, any subsequent invoices are not paid withing (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.
(b) After (60) calendar days of non-payment, the invoice will be forwarded to collections.
WARRANTY, OWNERSHIP, & INDEMNIFICATION
(a) Client guarantees that any elements (graphics, photos, designs, trademarks, or other artwork) provided for inclusion in the website 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 for the website.
(c) After full payment clearing for the project, full ownership 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.
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.
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.
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.
Both parties do hereby agree to resolve, through binding arbitration, any dispute that arises among the parties from date of entering into the contract.
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.