LATE Payment POLICY

In the unlikely event that any of your invoice is not paid on time, we may charge a late fee amounting to three percent (3%) of the amount owed for every day that it remains unpaid.

CANCELLATION POLICY

You may cancel this contract up to 14 days prior to our meeting date, by informing us in writing (usually via email). At this time, the return of part or all of your deposit is up to management. Attempting to cancel after the 14 day deadline will result in your entire deposit being forfeit.


“IN A DAY” CONTRACT

We’ll always do our best to fulfill your needs and meet your expectations. But it’s important to have things written down, so we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. We want what’s best for both parties, now and in the future.

PROJECT SCHEDULE

We’ll do our best to meet the project deadlines outlined in the proposal. That said, our ability to do this depends on you giving us everything we need to complete the project in the format that we need it, as and when we need it. A list will be sent to you prior to our meeting that will let you know what you need to bring with you to our meeting as listed above.

PAYMENT SCHEDULE AND INVOICES

You agree to stick to the payment schedule outlined in this agreement, and to pay our invoices in accordance with the terms stated on the invoice. 50% of the total is due upon booking. The remaining 50% is due on or before our meeting date. All fees are non-refundable. All outstanding invoices past due for 15 days or more will result in the site being taken down until the balance is paid as listed above.

AMENDMENTS TO OUR WORK/ PROJECT SCOPE

We provide amendments to our work during the refine period of our process, as long as the changes requested do not substantially alter the original project scope, nature or purpose. Any other kinds of amendments are considered a change in the project scope.

We recognize that you may have new ideas which you may want to include later on, and we’ll be able to accommodate you. Inform us of the changes or additions, and if they are not already provided for in the existing proposal given, we will provide a separate proposal to cover them.

We understand that there may be urgent changes to the project scope that need to be carried out right away. You can request and approve an oral proposal in order for us to start work on urgently needed changes, and we will follow up with an invoice later on.

Scope changes often require an additional day or two (approx. $1500/day) to complete.

CANCELLATION

You may cancel this contract up to 14 days prior to our meeting date, by informing us in writing (usually via email). At this time, the return of part or all of your deposit is up to management. Attempting to cancel after the 14 day deadline will result in your entire deposit being forfeit.

FINAL DELIVERY

For graphic design projects, we will deliver to you the digital files containing the final project deliverables after you’ve paid all our outstanding invoices. The files will be delivered in PNG and EPS formats where available.

For website development projects, all files that are required for the website to function properly will be uploaded to your server after you’ve paid all our outstanding invoices. You will be receiving the website as is.

Upon our parting on the date of the meeting, your website or other items worked on in the meeting will be yours. You will be receiving a product as is, and we will not be responsible for future issues.

WHAT YOU CAN DO WITH THE DESIGNS AFTER PAYMENT OF THE FINAL PROJECT INVOICE

If we designed a trademark (in logo and/or tagline form) as part of your project, then, as far as the trademark is concerned:

        Upon payment of all our outstanding invoices for the project, and in exchange for such payment, we assign to you all right, title and interest in the trademark.

        In exchange, you grant us a royalty-free and permanent license to use representations of the designs and taglines in our portfolio (in all types of media), as a sample of our past works, in trade publications, educational material, to promote ourselves, and for competitions.

        You’ll be entirely responsible for making sure our designs and taglines are free for you to use and register as a trademark, and that they don’t infringe anyone else’s rights - we cannot and do not accept any liability for these matters. We’ll sign any documents that are reasonably needed to confirm or evidence that you own the designs, provided you bear any legal and other fees that are incurred by either you or us in the process.

For all other deliverables created by us:

        Upon payment of all our outstanding invoices for the project, and in exchange for such payment, we grant you a royalty-free license to use the deliverables for the uses stated in the proposal, without any changes or additions (except that you can make the designs smaller or larger for printing or display purposes).

        If you want to put the deliverables to additional uses, or make changes to them, additional fees will apply, and we might have to obtain additional licenses from third party vendors - contact us, and we’ll be happy to work out some terms with you. Otherwise we will have to look to you to cover us for any damage, legal fees and consequences if you put the deliverables to additional uses without our prior authorization.

        We remain the owners of all rights in the deliverables in draft and final form, as well as of the works used to create them (except for materials that you provided, or that are owned by third parties), and are free to use them in the future.

THIRD-PARTY VENDORS

We may purchase or license from third party vendors materials used in your project (including source code, work-up files, software programs, photographs, illustrations etc.). Where we license such material, the intellectual property rights in the licensed material remain the property of the third-party vendors.

RUSH FEES

The proposal attached does not cover any work that must be rushed ahead of the project schedule, or work outside the project scope that is to be executed on a rush basis. “Rush work” means work that you request us to complete within one (1) week of your request.

Our rush service fees are charged at a premium basis of $100 per day for the type of work requested.

DELAYS TO THE PROJECT SCHEDULE

Once a date has been scheduled, it is difficult to move since the entire day has been set aside for you. If your dates do change, please let us know, and we will do everything we can to accommodate you.

AN EXPLANATION OF OUR WORK

Design

We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We only deal in responsive Design for all websites.

Text Content

We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.

Photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we will purchase them for you at no extra charge.

Browser Testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device. As much as we’d like to, we can’t guarantee that our work will function with all browsers across the market or with browsers and versions developed in the future.

Afterwards

Monthly maintenance plans are available for ongoing help after the final hour of our final day of this contract. While we wish we could be there every step of the way for FREE, we cannot. We hope you understand and choose the Maintenance plan if you think you will have questions in the first few months.

SOFTWARE, FONTS AND RAW FILES

Software and fonts used for the project remain our property and will not be released to you. Likewise, project raw files will not be supplied. If you require the raw files for the project, we can provide a separate estimate for that, which includes the release of copyright to you.

NON-PAYMENT

We’re sure you understand how important it is as a small business that we get paid promptly for our invoices. We rarely have any late payment issues with our clients, but we need to protect ourselves too.

In the unlikely event that any of your invoice is not paid on time, we may charge a late fee amounting to three percent (3%) of the amount owing for every day that it remains unpaid.

We also may choose to cancel the project immediately, suspend work till payment is received (including stopping ongoing work, removing unpaid material, and taking down the website), and/or take legal action to recover our fees and any lawyer’s charges with doing so.

OUR RIGHTS BEFORE PAYMENT OF THE FINAL PROJECT INVOICE

All originally created deliverables, including logos and taglines, in draft and final form, are wholly owned by us prior to full payment of the final project invoice by you. A retainer of 50% of the project will be non-refundable.

ERRORS AND OMISSIONS

We will use our best efforts to prevent errors and omissions from occurring in web page copy or text. If such errors or omissions occur, please notify us, and we will correct them for a fee, and that will be the limit of our responsibility and liability.

CONFIDENTIAL INFORMATION

“Confidential Information” means information that is marked as secret, trade secret or confidential, or which, based on the circumstances in which it was disclosed, ought to be treated as confidential.

In the course of this project, we may receive from you (and you from us) Confidential Information. If either party receive from the other Confidential Information, the receiving party agrees to keep the Confidential Information secret, ensure that its agents and employees keep it secret, and not disclose it to any other person, organization or entity (unless absolutely necessary).

However, the receiving party may use or disclose Confidential Information received from the other in order to comply with a court order, law or regulation, direction of a governmental or statutory authority. The receiving party may also use or disclose Confidential Information that entered the public domain due to no fault of that party, or that was disclosed to the receiving party by another source lawfully and without any obligation of confidentiality.

LIMITS ON LIABILITY

While our aim is to deliver top quality and client satisfaction, there are some things we are unable to accept responsibility for.

We provide the deliverables to you on an as-is basis, and we make no promise or guarantee that they will be fit for, or achieve, any particular purpose.

We cannot and do not promise or guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period.

We will not be liable to you for lost profits or other special or consequential damages of any kind, nor will we be liable to you for direct damages unless caused by our gross negligence or fraud. The maximum damages payable to you in any event shall not exceed the amount of fees actually paid to us in connection with the project, which is the subject of this contract.

Specifically, we will not be responsible or liable to you for damages or loss caused by:

    - your use of the designs and deliverables in ways that are not covered by the licenses we grant to you;

    - anything performed by us on your instructions, or using material you provided to us;

    - any breach of these terms and conditions by you;

    - any legal, governmental, contractual or other approvals that were required but which you did not obtain,

and you will keep us indemnified for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to any of these specific actions and omissions.

FORCE MAJEURE

The parties understand that performance by WEB DESIGN CHIC may be interrupted or delayed by an occurrence outside of its control, including but not limited to the following: an act of God, war, riot, sovereign conduct, or conduct of third parties. If that should occur, WEB DESIGN CHIC shall be excused from performance for as long as it is reasonably necessary to complete performance, but in no event longer than 3 months. In case of any dispute as to the reasonableness of a resulting delay in performance, the parties shall submit the matter for the decision of an expert agreed on by both parties or through the courts of Florida as outlined below under OTHER LEGAL STUFF.

NO TRANSFER OF THIS CONTRACT

No whole or partial assignment of this agreement or of any right accruing under it shall be made without the prior written consent of the other party.

OTHER LEGAL STUFF

We are an independent contractor and not your employee, and thus, any laws by which ownership of copyright in works created by an employee is automatically transferred to the employer do not apply the work-for-hire principle under US copyright law, or other laws anywhere in the world.

This contract and all matters arising from it are governed by Florida and United States Federal laws.

The courts of Florida are the most appropriate and convenient courts to settle any dispute connected with this contract (including a dispute regarding the validity, existence or termination of the contract), and the courts of Florida have exclusive jurisdiction to settle any dispute arising from or connected with this contract.

The Web Design Chic may amend these terms and conditions at any time without prior notice.

If the remaining provisions shall remain in full force and effect as if this agreement had been executed without the invalid provision.

A failure or delay by either party in exercising any right or benefit under this contract does not amount to a waiver of that right or benefit. This contract will bind the parties’ respective legal personal representatives, successors and permitted assigns.

Except where expressly stated otherwise in this contract, a person who is not a party to this contract has no right to enforce any term of this contract, but this does not affect any right or remedy of a third party which exists or is available. By signing this contract or by expressing your confirmation in writing (on paper or in electronic form), you agree to all the terms and conditions of this contract, which is effective from the most recent date that appears in the signing page or email.

INTEGRATED CONTRACT

This Contract constitutes the entire agreement between the parties, and there are no agreements, understandings, restrictions, warranties, or representations between the parties other than those set forth or provided for in this Contract. ATTEST: THE WEB DESIGN CHIC