These formalities are simply here to protect you, as well as Designing Fresh in seamlessly creating your website while having fun along the way. If you have any questions or concerns about the terms/conditions below, please do not hesitate to contact us.
Acceptable forms of payment are Paypal, Visa, Mastercard, Discover and American Express. Note: We do not currently accept any form of checks/money orders. A deposit of 50% of the total project cost is due when your project begins. This deposit is non-refundable. With the remaining balance due upon your website being in working order and ready to have products loaded (if ecommerce) or ready to view (if informational/blog).
The named client is engaging Designing Fresh as an independent contractor for the specific web design project of developing and/or improving a website, hereinafter referred to as “web design project” which may be installed on the client’s account on an Internet Service Provider (ISP), hereafter referred to as “hosting service.” The client hereby authorizes Designing Fresh to access this account and authorizes the Hosting Service to provide Designing Fresh with “full access” to the client’s account and any other programs needed for this web design project that are included as part of the client’s service agreement/level including but not limited to submitting the completed website project to major search engines.
3. Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to Designing Fresh for inclusion in the web design project 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 Designing Fresh from any claim or suit arising from the use of such elements furnished by the client.
4. Credits and Links
A link to Designing Fresh will appear in small type and graphical format at the bottom of the website. The link will not cause users to leave the clients website; rather, it will open a new browser window to the Designing Fresh website. The link will typically state, “Website Credit” This link may not be modified at any time without express written consent of Designing Fresh during the existence of the website for public viewing. If the client wants the link excluded, an agreement must be made between the client and Designing Fresh.
5. Project Delivery
After decisions on the screenshot and graphics have been made, I will upload the graphics and program to your website host. When basic payment, shipping and taxes have been configured and website is in working order, final payment is due. Afterwards I will continue working with you to complete the final tweaks, upload your products and to train you in the use of your website. There is no limit on training or support. It is available for the life of your website!
6. Website Support
You will receive e-mail and telephone support for life after your site has been completed by Designing Fresh. I am here to help you become familiar with your site and manage all aspects of your site. If you need help with time-consuming issues that are more complex than “basic website training,” or you need advanced modules or programs added to your website then an hourly or by-the-job fee will be charged. We will agree on all charges before the work begins…no surprise charges. =) The majority of our communication will be via e-mail or our support system…but rest assured I will check my e-mails promptly and reply in a timely matter to all client concerns and questions. I am also available to my clients by phone (via appointment).
7. Electronic Commerce Laws
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect and defend Designing Fresh and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client’s exercise of Internet electronic commerce.
8. Web Design Project Copyright
Designing Fresh will own the copyright to the finished web design site produced and designed by Designing Fresh. The client will be purchasing the rights to use the web design project and their website, as well as all included graphics once final payment under this agreement and any additional charges incurred have been paid. Designing Fresh retains the right to display graphics and other web design elements as examples of our work and to profile it in our portfolio, unless other arrangements have been specifically made. “In more laymen terms this means that, you can’t claim the graphics as having been made by you, since I designed them, but you own the right to use the graphics on whatever you want–as they are your graphics and you paid for them. I put select work of my clients’ on my portfolio page. If you would like your website to not be featured there, let me know and we’ll work out an agreement.
9. Legal Notice
Designing Fresh does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client (although I will do everything….to make this happen) In no event will Designing Fresh be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by acts of God or any other circumstances beyond our control, any lost profits lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor’s computer or Internet software.