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
WordPress Website Includes:
— Mobile & Tablet Friendly Web Design ( WordPress Theme )
— 1 Round of Revisions (5 design or content changes)
— 5 Web Pages— 3 Meetings (up to 30 min. ea.)
— 1 Contact Form
CLIENT SCHEDULE
Below are the allotted times the client has to complete each form and/or respond to any of the designer’s emails from the time they receive it. This includes the client’s questionnaire, questionnaire email, web layout form, web design review form, revision form(s), and web launch form.
- To Keep Project on Time for Completion: 1 Business Day
- Client Deadline to Avoid Delay Fees: 30 Calendar Days
If the client does not respond within (1) business days to any emails from the designer relating to giving feedback/revisions or completed his/her delivered form, the completion date will be pushed back per each business day that the client’s email response is not received by the designer and depending on the designer’s current production schedule.
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-StartClient 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 a calendar link to schedule the client’s “Web Layout” meeting.
Web Layout Phase ……………………………………………………………… Project StartThe project starts on the day of the scheduled web layout meeting. After the scheduled web layout meeting, 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 (30) calendar days from the time the client received his/her form to avoid delay fees. The web layout form must be completed in entirety before the client can move to the next phase of the project. After the “Web Layout” form is completed in its entirety, the designer will send the client a calendar link to schedule the client’s Website Design Review Meeting.
Web Design Phase ………………………………………………………… 5 business daysThe designer will present the website design to the client during his/her scheduled “Website Design Review” meeting. After the scheduled meeting, the client has (1) business day to complete his/her provided “Web Review” 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 (30) calendar days from the time the client received his/her form to avoid delay fees. The web layout form must be completed in entirety before the client can move to the next phase of the project. After the “Web Review” form is completed in its entirety, the designer will send the client a calendar link to schedule the client’s Website Revision Meeting.
Revisions Phase ………………………………………………………… 5 business daysThe designer will present the revised website design to the client during his/her scheduled “Website Revisions” meeting. After the scheduled meeting, 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 (30) calendar days from the time the client received his/her form to avoid delay fees. The web layout form must be completed in 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 daysAfter the client is supplied their “Web Launch” form, the client has (1) business day to completed 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 (30) calendar days from the time the client received his/her form to avoid delay fees. After the “Web Revisions” form is completed in its entirety the designer will transfer the website to the client.
PROJECT RUSHIf 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 SCHEDULETotal 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.
PRICE AS AN ESTIMATE(a) Price reflects the typical estimate price for a web design project in the given terms.(b) The total cost of the project depends on the finished design, amount of pages designed, features, custom functionalities and complexity of the website.(c) Additional features, web pages and functionality not originally agreed upon may be added for an additional fee and can be estimated after the change request is made.
PROJECT SCOPE DEFINITIONThe 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 indetail. 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, designer shall be entitled to submit a new and separate Proposal to 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 hourly rate of $175 per hour 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 client rejects the proposal or doesn’t respond within the 14 day time period, 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
Website Round of Revisions ………….…….……………………….…….. $400/roundThe client can purchase Round of Revision Sessions at $400 USD / ea. The client is given up to (5) design or content revisions (within design concept). This does not include functionality or structural changes to the website.
Additional Design/Content Revision(s) ………….…….…………….. $50/revisionOnce the allotted number of design and content revisions have been used up, the client may purchase additional design and content revisions at $50 USD per revision.
Additional Web Page(s) ………….…….………………………………… $100/web pageAdditional web pages cost $100 USD / per web page design.
Photography Selection ………….…….……………….…………………… $50/5 photosIf the client would like the designer to select imagery for the client’s website. The price is $50 / selection of 5 photos.Price does not include the price of the images themselves.
Additional Web Forms (s) ………….…….……………………………….. Ask for QuoteFor additional web forms not included in the client’s package, the client may ask for a quote.
Additional Web Design Concept(s) ………….………………………………… $750.00If the client would like additional web design concept(s) exceeding what is included in his/her package, the client will be charged $750 USD per new design concept session.
Re-Design / Re-Draw ………….…….………………………………………………… $750.00If, after the client is presented web design options and the client requests changes to an existing design which fall outside the parameters of minor modifications, a “re-design” fee of $750 USD will be charged.
Woccommerce Feature ………….…….…………………………………………… $400.00The designer will setup 1 product page, 1 product category, 1 “shop” page, 1 shopping cart page, 1 checkout page. The design will ensure the shop page shows each product. And that the product page links appropriately to the “add to cart” page, and checkout. The fee above does not include eCommerce shipping/tax/payment configuration, payment gateway setup, and WooCommerce product add-ons. It’s the client’s responsibility to provide website/product content, and secure a payment gateway.
Woccommerce Product ………….…….………………………………………. $25/product1 product short description text, 1 product title, 1 product preview image, 2-3 gallery images, 1 product category, 1 product price. Doesn’t include: product tags, product reviews, inventory, shipping configuration, linked products, attributes, product enhancements, WooCommerce product add-ons.
Additional Website Feature(s) ………….…….……………………….. Ask for QuoteAdditional features not included in the scope outlined in your contract.
Functional/Structural Change(s) ………….…….…………………… Ask for QuoteIf client would like to change the functionality or structure of the theme template they may request a custom quote.
Additional Browser Support ………….…….…………………………… Ask for QuoteSupport for outdated, or any browsers not included for support in your contract.
Additional Device Support ………….…….………………………………. Ask for QuoteSupport for outdated, or any devices not included for support in your contract.
Project Rush Fee………..……………………………………….……………………… 20% / business dayIf 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.
Questionnaire Delay/Reinstatement Fee ………..…………………………. $150.00The client has (30) calendar days to complete his/her website questionnaire. A client who submits his/her questionnaire after (30) calendar days from purchase will incur a “Questionnaire Delay/Reinstatement” fee of $150 USD to restart his/her project.
Project Delay/Reinstatement Fee …..…………………………………..… $150.00The client has (30) calendar days from the time he/she receives website layout/design/revisions form to complete his/her website layout/design/revisions form. A client who submits his/her website layout/design/revisions form after (30) calendar days from receipt will incur a “Project Delay/Reinstatement” fee of $150 USD to restart his/her project.
“Done For You” Transfer …..………………………………………………… $50.00When the website is ready for launch, the client will receive a transfer code from the designer to accept the transfer on his/her own web hosting planW with WP Engine. The client understand there are a few simple steps he/she will need to complete on his/her own to finalize the transfer. If the client would like the designer to complete the transfer on his/her behalf, the client can hire the designer to do so for an additional fee of $50 USD. This fee does not apply if the client elects to move their website to a host that’s not WP Engine. The designer doesn’t facilitate transfers to other web hosting companies outside of WP Engine.
Client Re-Schedule Fee …..……………………………………………………………. $75.00In the case that the client needs to re-schedule a design meeting with the designer, the client agrees to give 24-hour notice to the designer. If the client doesn’t show for a scheduled appointment or does not give 24-hour notice, a $75 USD Late Fee will be charged to the client’s balance due.
Additional Meeting Session ……………………………………………………… $100.00If the client would like to schedule an additional meeting outside his/her package allowance. (More than 3 meetings). Includes a 1-hour session via zoom video conferencing.
Additional Meeting Session (pro-rated) …..…………………………………… $50.00If the client would like to schedule an additional meeting outside his/her package allowance. (More than 3 meetings). Includes a 30-min session via zoom video conferencing.
Website Training Tutorial …..…………………………………………………… $175.001-hour tutorial screen-share session with you and up to 2 other staff members via zoom video conferencing. Includes 1 video recording that the client can refer back to at any time.
Website Training Tutorial (pro-rated) …..…………………………………… $90.0030-min tutorial screen-share session with you and up to 2 other staff members via zoom video conferencing. Includes 1 video recording that the client can refer back to at any time.
Final Files Retrieval …..……………………………………………………………….. $75.00If, after (30) calendar days after the project has been completed and after files have already been supplied to the client, there will be a $75 USD fee to retrieve and transfer digital files to the client.
QUESTIONNAIRE(a) Client agrees to complete the questionnaire in its entirety within (30) calendar days of purchasing design services and understands that no work will begin until its completion.(b) Questionnaires submitted after (30) days from purchase will incur a “Questionnaire Delay/Reinstatement” fee of $150 to restart the project.(c) Questionnaires/content not completed within 60 days (from purchase) are cancelled and no refunds are given.
QUESTIONNAIRE EMAIL(a) The designer may send an email 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 an email 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. If the client has not responded to the email within (1) business day, the completion date will be pushed back per each business day that the client’s email response is not received by the designer. In addition, the completion date after the client has not responded within (1) business day may also be pushed back depending on the designer’s current production schedule.(d) All design feedback must be submitted via the email sent to the client.
WEBSITE LAYOUT MEETING(a) The client will have (1) Website Layout Meeting prior to implementing the design into the working website.(b) The client will be presented (3) layout options during his/her scheduled meeting.(c) The client must complete his/her form in order to move onto the next phase of the project.(d) All design feedback and layout selection must be submitted through the client’s form.(e) No design feedback will be accepted via email.(f) The client has (30) calendar days from the time he/she receives his/her website layout form to complete his/her website layout form. A client who submits his/he website layout form after (30) calendar days from receipt will incur a “Project Delay/Reinstatement” fee of $150 USD to restart his/her project.
WEBSITE DESIGN REVIEW(a) The client will be presented (1) Website Design.(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) All design feedback and revisions must be submitted through the client’s form.(f) No design feedback will be accepted via email.(e) The client has (30) calendar days from the time he/she receives his/her website design form to complete his/her website design form. A client who submits his/he website design form after (30) calendar days from receipt will incur a “Project Delay/Reinstatement” fee of $150 USD to restart his/her project.
WORKING WEBSITE REVISIONSRevision 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 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 content or design revision, as defined above.(i) Revisions that fall outside of a 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 which 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 for an additional web design concept fee of $750 USD.(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) Upon receipt of the website, client has (1) business day (per each round of revisions) to provide designer with revision requests to keep the project on time. If the client has not given revision requests within that time-frame, the project will be delayed and completion date pushed back per each business day that the revision form is not completed. In addition, the completion date may also be pushed back depending on the designer’s current product schedule.(p) The client has (30) calendar days from the time he/she receives his/her website design/revisions form to complete his/her website revisions form. A client who submits his/her revision form after (30) calendar days from receipt will incur a “Project Delay/Reinstatement” fee of $150 USD to restart his/her project.(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.
ADDITIONAL ROUNDS OF REVISIONSThe client can purchase additional Revision Sessions at $400 USD / revision session. The client is given up to (5) design or content revisions (within design concept). This does not include functionality or structural changes to the website.
ADDITIONAL DESIGN/CONTENT REVISION(S)Once the allotted number of design and content revisions have been used up, the client may purchase additional design and content revisions at $50 USD per revision.
DIGITAL FILESLength 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 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.
If the client would like a completely custom web design experience on mobile devices, that will be quoted as separate project all together 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: SafariFor 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 SUPPORTFor 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. Afterwards, the management of that server will be up to the client.
LIMITATION OF LIABILITIES; DISCLAIMER OF WARRANTIESAlthough 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 & TESTINGThe 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.
If an error is detected, the Client agrees to fill out the “Website Glitch” form including a screenshot, location of the error, and the device and browser used prior to giving final approval. The time it will take to complete the error varies depending on the type of error, and an estimate timeframe can be given once the issue is understood by the designer.
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 TRANSFERIf 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 of $50.
WEBSITE WARRANTYThe designer will correct unforeseen glitches or errors within (7) business days of the site launch. This is only applicable if the site does not appear as the Client’s approved site, if the Client did not make changes to the website or servers and if it’s confirmed that the error is not due to the Client’s hosting environment, third-party software, plugins or functionalities (things outside the designer’s control). The warranty is not applicable if the site appears as the Client approved the site and wanting to make additional changes. In addition, the warranty does not include include enhancements to the website or other services outside the scope of the agreement.
If an error is detected, the Client agrees to fill out the “Website Error” form including a screenshot, location of the error, and the device and browser used to view the error. After the client completes the error form, the designer will review and complete an assessment of the error. The designer has full discretion in determining whether the error request is a unforeseen error that wasn’t present prior to approval. If the designer sees the error was present prior to approval, the designer will give the client a quote to fix this error.
If the designer determines the error request is an unforeseen error that wasn’t present at the time of website approval, an estimate timeframe can be given once the issue is fully understood by the designer. The time it will take to complete any error varies depending on the type of error and the designer’s current production schedule. Errors found after (7) days of website launch are not included in the Website Service and a quote can be given to make those fixes.
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 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 on-going Website Care Plan Contract so the designer will perform updates and manage all plugin licenses on the client’s behalf.
CONTACT
Client understands that all communication will be via email. Or during his/her scheduled zoom meeting. (Up to 3 phone calls total).
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 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 FEESIn 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.
DELAYED PAYMENT(a) 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.(b) After (60) calendar days of non-payment, the invoice will be forwarded to collections.(c) Client shall pay all collection or legal fees caused by delayed payments.(d) Payments will be credited to late payments first, then to unpaid balances.(e) 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.(f) 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
Prior to starting work on the project, the designer may cancel the contract if the designer feels the client and designer are not a good fit, or for any other reason.
Should the client have a desire to terminate the agreement before the completion of the project, the Client will notify the Web Designer 30 days in advance, and must send the designer a reason for the cancellation request in writing. In addition, the client agrees to give the designer 30 days from the time the designer receives the written statement from the client, to respond, resolve and correct any dispute or grievance that the client has communicated to the designer. The client agrees to communicate and cooperate during the 30 day period.
If the project is cancelled for any reason after the 30 day period noted above and there is no resolution, payment is due with the same terms. In the event of a cancellation, the client agrees to pay a flat $500 cancellation fee and pay for services already completed and for hours already worked. 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 client will remain in client’s ownership.
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.
