Terms of Service
Terms of Service Agreement. By purchasing any service from sasspurrella designs the client is agreeing to the terms of service agreement as expressed below. These policies have been put into place to protect both the client and sasspurrella designs. This agreement is subject to change at any time by sasspurrella designs. You agree to check these terms periodically for changes. Once you have submitted your initial payment, you are agreeing to the Terms of Service in their entirety.
Status and Duration of Offers. Proposals and project estimates are valid for a period of one month from the date issued. If a proposal has not been accepted by either party and project deposit or estimate has not been paid within the one month time-frame, the offer is deemed to have expired. A new proposal and project estimate can be generated at client’s request, however, there is no guarantee that the project estimate will remain the same.
Scope of Web Design Services. Your web design project includes the installation & configuration of your Genesis child theme, applicable plugins only and graphic design elements, such as logos, headers or sidebar images, as specified in your proposal and project estimate. Web design services does not include the management of content or ongoing maintenance of website. This includes but is not limited to the following: widgets, plugins, links and SEO. You may purchase blog management services if you require assistance with maintenance. All web design elements will be at web resolution (72 PPI), which is not a suitable resolution for printed materials. You will be charged an additional fee for print-ready files.
Written Content. Written content is not included unless requested as an add-on and included in the quote for website designs or print materials. Current content will be utilized or you must provide content for print projects. No revising, editing or proofreading is included unless purchased as an add-on.
Design and Revisions Process. The design process is simple, yet very comprehensive. During the initial consultation, we will discuss the project to see if we are a good match. Assuming we are, we will then go into the nuts and bolts of your project in which you articulate a clear vision of how you want your website and/or materials to look and function. Once I have clear picture of your goals and needs, I will create a proposal outlining the project, services requested, any recommendations to further enhance your project and the project estimate. You then review, edit (if needed) and approve the proposal. Once payment has been received, either the project deposit or full project estimate, design work will commence.
You will see two stages of work. The first stage is a rough, conceptual draft. This is the time and place to make your major changes. You have up to 5 days to review and may make as many changes as you like. However, do not send me separate emails with every change but compile your changes and send one complete email. Note: if your changes are significantly different from the proposal you accepted, additional fees may be assessed.
I will incorporate your revisions and create your website and/or materials. You will now have a chance to review a live website (not on your real domain) to test functionality or view watermarked print materials. You have 48 hours to review. You may request up to 3 changes and any additional revisions will be billed at my hourly rate.
Footer Credit. The credit in the footer “site by sasspurrella designs” is required. I understand that there may be instances where you wish to remove the credit. To do so, I must give written permission and charge a $100 removal fee. If I discover that you have subsequently removed the footer credit without permission or paying the $100 fee and your current site still utilizes a design by sasspurrella designs, you will be invoiced the $100 fee, plus a penalty fee of an additional $100 for a total of $200. I am proud of the work I do and firmly believe you will be as equally proud to let your website visitors know who built your amazing site.
Authorization. The client is engaging sasspurrella designs as an independent contractor for the project discussed. The client hereby authorizes sasspurrella designs full access to all necessary materials, accounts, resources and programs for project completion. sasspurrella designs will not share, trade, distribute or sell this information, nor are they to be held responsible for any damage or loss of data.
Cancellation and Termination. Either party may cancel and terminate the project at any time for any reason. If such an event occurs, all work will cease immediately and all payments made prior shall be retained by sasspurrella designs. All liable expenses already incurred by sasspurrella designs shall be paid by the client in full. If cancellation and termination is done on the part of sasspurrella designs or occurs prior to the design approval, no cancellation fee will apply. However, if the cancellation and termination is done on the part of the client after design approval, the client will be liable to pay 75% of the remaining project balance. A lack of communication and/or failure to pay final installment in a timely manner constitute as termination by the client. Thus, you will be responsible for any incurred expenses and 75% of the remaining project balance. In the event of cancellation and termination, sasspurrella designs retains ownership of all copyright and any original artwork.
Copyrights and Trademarks. The client unconditionally guarantees that any elements of text, graphics, photos, design, trademarks or other artwork furnished to sasspurrella designs for inclusion in the 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, indemnify and defend sasspurrella designs and it’s subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the client. It is the Client’s responsibility to do a Trademark/Copyright search in order to register their logo as a company Trademark. Learn more at: www.uspto.gov
Project Copyright. Copyright remains with sasspurrella designs. sasspurrella designs may display completed projects in design portfolios. Upon request, sasspurrella designs will provide client with low-resolution JPEG files of design, but will not supply any layered PSD, AI or EPS files. Client is not allowed, for any reason, to alter, change, duplicate, redistribute or resell any information, draft, image, graphic or design sasspurrella designs provides for client’s personal or business use. All sites are required to have designed by sasspurrella designs with an active link to my web design page in their website footer. If you would like the attribution link removed, it requires written permission and a $100 fee.
Payments. Payments for services provided hereby shall be in accordance with the conditions contained in these terms. All quotes are in USD. sasspurrella designs will accept no payment outside of PayPal, unless pre-approved. All orders under $500 must be paid upfront in full before project can begin. All orders over $500 may be paid for in two parts: 50% upfront, 50% before installation or file hand-off. If collection proves necessary, the client agrees to pay all fees (including all attorney fees and court costs) incurred by that process. Due to the nature of our services, there are no refunds after the design work has already started.
Legal Notice. The entire risk as to the quality and performance of the completed project is with the client. sasspurrella designs does not warrant that the functions contained in the project will meet the clients requirements or expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free. All web sites at time of completion will be compatible with the latest versions of Internet Explorer, Mozilla Firefox, Safari and Google Chrome. sasspurrella designs is not be held responsible for any functionality or design errors that may occur with the use of any other browser. In no event will sasspurrella designs be liable to the client or any third-party for damages, including lost profits, lost savings or other incidental consequential or special damages arising out of the operation of or inability to operate the project due to your internet hosting service or third party software.
Warranties and Liability. Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of sasspurrella designs. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy.
Client hereby agrees to indemnify and hold sasspurrella designs harmless from any claim resulting from the client’s publication of material or use of those materials. It is also understood that sasspurrella designs will not publish information over the Internet which may be used by another party to harm another. The Developer will also not develop a pornography or warez web site for the Client. sasspurrella designs reserves the right to determine what is and is not pornography.
Indemnification. Client agrees that it shall defend, indemnify, save and hold sasspurrella designs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with sasspurrella designs involvement in the client’s project. This includes Liabilities asserted against the Developer, it’s subcontractors, it’s agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless sasspurrella designs against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Electronic Commerce Laws. The client agrees that the client is solely responsible for complying to any government laws lees, taxes and tariffs affecting internet electronic commerce, and will hold harmless protect and defend sasspurrella designs and it’s subcontractors from any claim, suit, penalty, tax or tariff arising from the clients exercise of internet electronic commerce.
Acceptance of Terms
By submitting your deposit, you agree to the terms and conditions listed here. You are responsible for adhering to the terms and conditions listed here, even if you didn’t read them.