Web Design Agreement - Terms and Conditions
Revised: March 31, 2009
Table of Contents
1. Design Agreement
2. Legal Agreements
3. Limitations
4. Maintenance and Alterations After Completion
5. 100% Satisfaction Guarantee and Refund Policy
6. Availability of Service
7. Your Obligations
8. Flawless Web Design's Rights and Restrictions
9. Contact Us
1. Design Agreement
Depending on the level of service purchased, FlawlessWebDesign.com will create a website to your specifications, according to the information collected during the consultation. If you have any images or other documentation that you would like implemented into your website design, we require that you supply those materials. All material must be supplied in an electronic file format and transmitted to us via email or file upload. If necessary we may require you to re-submit images if they are not high enough quality for standards. We will not begin the construction of your website until all requested materials and assurances of rights have been received from you. All materials provided should be copies and not original material. We then begin a draft design where we create a couple of different layouts to your specs to present to you, once you accept one of the layouts, which means we will be working towards a final draft, that is your acknowledgement to accepting all terms within the Satisfaction Agreement. Thus releases FlawlessWebDesign.com from any obligation for further revisions or alterations to the design. After this point a second page is created and we check with you again to make sure that you're still satisfied with the design. Upon acknowledging that you are satisfied with the design after seeing page two, that will be the agreement of satisfaction which no more design adjustments will be made to the layout, and we will be finishing the input of your content. Requests for additional design updates beyond what is included in your package will result in additional design fees based on the prices displayed on our website. We strive toward your satisfaction, but this does not guarantee that all of your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the services purchased.
2. Legal Agreements
You acknowledge that you agree to the Design Agreement and Universal Terms. You agree to be bound by these agreements and all policies and procedures as posted on the website.
3. Limitations
Flawless Web Design strives towards creating a web site that meets your expectations. Every step of the Service requires Your feedback. Failure to provide timely and reasonable feedback may delay completion of the Service. Flawless Web Design is not responsible for any additional time, or expenses incurred because of delays caused by lack of reasonable feedback, including Your failure to initiate the process. Should You fail to initiate the creation process by not responding to the initial request for interview within thirty (30) days, Your account will be considered inactive and the Service will terminate. In this case three fourths (3/4) of the amount paid will be given back due to termination as a result of Your failure to respond to the initial request for consultation or any feedback requests. Should You delay feedback for more than thirty (30) days Your unpublished website may be archived and will require additional activation fees to recover.
After the website has been completed and You receive the files, Flawless Web Design isn't responsible for maintaining Your website, unless those additional services have been purchased. Flawless Web Design shall not be liable for any revisions or changes made by You or any person gaining access to Your design. If any revisions are requested to fix such changes, its up to Flawless Web Design's sole discretion and then only upon payment of additional fees will your site be fixed. You are also able to retrieve a copy of the original website design for a lesser fee.
Flawless Web Design reserves the right to refuse any direction to create a web site that exploits children, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another or for any other reason that Flawless Web Design, in its sole discretion, decides. Flawless Web Design has the right, but not the obligation, to backup or archive Your web site prior to sending the finished product.
The Services, the resulting product and all copies must keep Flawless Web Design's logo/watermark on the website that was designed. The Services, the resulting product and all copies are copyrighted and are protected by United States copyright laws and international treaty provisions with all rights reserved. Flawless Web Design grants You an unrestricted license and any products resulting from the purchase of the Services to use freely among anyone's hosting. Early Cancellation of Your Service for any reason terminates Your license to the website and all services/products resulting from the purchase of the Services. You agree to prevent any unauthorized duplication of design or copying of the Services.
4. Maintenance and Alterations After Completion
Unless its included in the package that you purchased, Flawless Web Design will provide a maintenance service at additional cost determined by an associate depending on the time and skill required to carry out and finish the requested tasks. Flawless Web Design will strive toward your Satisfaction, but does not guarantee that all of your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the Services. Your acceptance of updated files of the website is acknowledgement of Your satisfaction with the Services and releases Flawless Web Design from any obligation for further revisions or alterations.
5. 100% Satisfaction Guarantee and Refund Policy
After finishing the Free Consultation which is included in your Web Design Package, you are asked to send any files/content that you want included on the website. After receiving those items we construct 2 different draft layouts of a homepage that we think would bests represent and promote your company. We then present the 2 drafts to you for review. At this point in time you can decide to cancel the Design Service and you will get refunded for everything minus (69) sixty-nine dollars for the consultation services, which would no longer be free due to the cancellation of the Web Design Package which that was included.
If you are satisfied with 1 of the 2 drafts we created then we will continue the construction of your website until completed, otherwise we will construct 2 more layouts after getting more specifics from you on a layout you would prefer and re-present those drafts to you for review. Along the way there will be several checkpoints. (i) We ask if there is any other minor changes you would like made to the layout before continuing to create the next pages in your design plan. (ii) After the design has been agreed upon we create 4 more pages (totaling 5) and present them to you for review. (iii) At this time if you wish to cancel you will get 50% of the total price refunded (minimum of sixty-nine dollars will be charged for consultation services). Otherwise we will make any modifications requested and complete the design if the Starter Package was purchased. If the Small Business Package was purchased we will continue with the design and present every 5 additional pages created to you for review and/or modifications. At this point after 5 pages have been created and we continue at anytime if you cancel the design we will refund 25% of the total cost. We strive to fulfill your requests any way possible as long as its within the limitations of your purchased package
6. Availability of Service
Subject to the terms and conditions of this Agreement and each of Flawless Web Design policies and procedures, Flawless Web Design shall use commercially reasonable efforts to attempt to provide the Services within a timely manner depending on the package, throughout the term of this Agreement. You acknowledge and agree that from time to time the Services may be delayed by causes beyond the reasonable control of Flawless Web Design or that are not reasonably foreseeable by Flawless Web Design, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Flawless Web Design has no control over the definite timeline and completion of the Service(s), however we will efficiently use our time to the best of our capabilities to achieve the quote timeline.
7. Your Obligations
By using the Services, You agree that You are age eighteen (18) or over. The Service is available only to persons who can make legally binding contracts under applicable law.
You agree that you have the appropriate rights or licenses in all content, logos, trademarks or intellectual property supplied by You. You agree that You have the right to provide and use all content provided by You, including feeds and third party account information. You also represent and warrant that Your use of such content complies with all laws and is in accordance with any third party terms and conditions.
You agree that all requests shall be reasonable in nature and within the scope of the Service as advertised. You also agree that You will not use the Service to create a website that contains the following types of information: (i) personal information about children without their parent's consent, (ii) obscene content, as determined by Flawless Web Design in its sole discretion, (iii) tasteless images, (iv) excessively violent material, (v) links to websites containing the serial numbers for unlocking software illegally, (vi) pyramid schemes, (vii) impersonations of another person, (viii) encouraging the use of a controlled substance, (ix) selling or promoting products that are unlawful in the location where the site is published, (x) advocating, promoting, or encouraging violence against any person, organization, or the government, or (xi) links to webpages containing any of the aforementioned content. You represent and warrant that you will not violate any law, third party rights, or post any false, inaccurate, misleading, defamatory or libelous content or statements on your web site.
You also agree to respond to any requests for feedback within seven (7) days. Failure to respond within thirty (30) days shall result in cancellation of the Service and a refund that is entitled depending how far into the design process you are as explained above.
Upon notice that Your web site is ready for You to review, within ten (10) days of such notice, You must: (i) provide Flawless Web Design with Your site update revisions; or (ii) notify Flawless Web Design that You have no revisions. If You do not provide revisions or notify Flawless Web Design that You have no revisions, Your website will be completed on Your behalf.
Your website will be archived on Your behalf once the website is completed, unless You notify Flawless Web Design via the email of Your election not to finish due to certain circumstances.
You acknowledge and agree that once you receive the archived files, all Flawless Web Design obligations under this Agreement have been met. At any point after receiving the files, You may request updates to be made for an additional fee - cost depending on the skill and time involved to accomplish your request - which factors will be determined by Flawless Web Design
8. Flawless Web Design's Rights and Restrictions
Flawless Web Design explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Flawless Web Design; (ii) establish limits and guidelines concerning the use of the Services; (iii) terminate Your use of the Services for use of the Services to unnecessarily or illegally harass, non-payment of fees for the Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Flawless Web Design, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Flawless Web Design determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against Flawless Web Design or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit, and (v) terminate Your use of the Services if You have not responded to requests for feedback. If Flawless Web Design terminates Your use of the Services, Flawless Web Design may, at its own option and in its sole discretion, remove and/or delete files that were created for you. Flawless Web Design has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.
9. Contact Us
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please Contact Us.
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