TERMS & CONDITIONS
GENERAL – The Terms and Conditions here are policy set by The Deeper Graphic Web Design for design services requested by clients. Client agree that they are at least 18 years of age, mentally aware and are free to make good sound choices when placing orders or doing business with The Deeper Graphic Web Design. Notification of Terms and Conditions are sent to client by email, fax or written agreement. All Online Invoices are sent to Client with Notification of existing of Terms and Conditions agreement. All hard copy invoices request all clients read see these terms and conditions here online. Clients are asked to review Terms and Conditions before making any payments. Client payments made on invoices paid to The Deeper Graphic Web Design will act as proof that client has been notified of all Terms and Conditions and has reviewed and agree to all Terms and Conditions here and on invoices. The Deeper Graphic Web Design reserve the right to refuse service to anyone. The Deeper Graphic Web Design reserve the right to change or update any of it’s Terms & Conditions policies as we see fit.
The Client: Companies, organizations or individual requesting the services of The Deeper Graphic & Web Design are here after referred to in these Terms and Conditions agreement as (The Client).
The Deeper Graphic & Web Design : is the Primary Designer and operates for hire as a contracting self owner.
PRINTING / SPELL AND GRAMMAR CHECK
Please know that final document text and layouts approved by client will print EXACTLY as they appear in the final samples, no changes can be made by us once your order goes to print. Client is responsible to check that all spelling, content information and document layout is correct before making their printing/publishing payment. Client’s printing/publishing payment made to DGWD will serve as clients proof and verification that client is satisfied with all spelling, grammar, layout and design being sent to print or published by DGWD.
DGWD offers print and digital content creation and content editing services at a fee. Clients needing content services such as content research, gathering, writing, spell check, grammar check, typing of extended text or scanning of images, can inquire with DGWD for quotes as needed, such work is billable to Client from “DGWG”.
CLIENT’S TEXT AND IMAGE FILE DELIVERY TO DGWD.
All clients’ text content delivered to DGWD for creating designs and products must be in digital file format. DGWD must be able to copy and paste clients’ delivered text content as is. Spelling and Grammar corrections are available at a fee. Image files submitted by clients must be at least 300 DPI and large enough to scale up to the actual needed final dimension while retaining high resolution.
REVISIONS FOR DIGITAL DOCUMENTS, PRINT DESIGN AND WEBPAGES
DGWD offers clients three free rounds of revisions on new jobs before client take final delivery of any un-watermarked files. Client may revise as much content as needed during each revision round. Additional revisions after the 3rd round are available for the regular revision fees, please inquire about revision fees. Free revision expires immediately after a job is closed, successful delivery of final un-watermarked files, cancellation of order, void of order, or abandonment of orders by more than 2 weeks or more. Free revisions are not transferable, and do not act as credit towards any new or future projects, tasks or jobs.
LEGAL USAGE RIGHTS AND PROJECT DELIVERY
If The Deeper Graphic & Web Design (DGWD) should acquire its own legal useable images to use as elements for creating clients’ final designed collateral, acquiring images service fees may apply, charges are set by DGWD. DGWD will not use any known illegal images. DGWD will not be held responsible for any illegal images supplied by client, or directed to be used by client knowing or unknowingly. DGWD may use third party images only as elements to produce or create a unique final design/collateral. DGWD does not assume any rights to sell or pass on to clients any third party images in their original form. DGWD direct usage rights for images acquired from third parties by DGWD are not transferable. DGWD recognize that once paid for by client, client will own the single unique final design collateral created by DGWD and Not the DGWD master file, DGWD artist file or the individual elements inside DGWD’s master file/artist file created by DGWD use to create the clients final design collateral. Clients’ deliverable files are in JPEG format which client may use as they see fit. Clients and vendors do not own and are not granted any permission by DGWD to alter, separate or edited away elements of the unique final designed collateral created by (DGWD). Client may not resell, re-use or pass on to any third party for reselling or re use the delivered unique design work made for hire by DGWD without the proper legal rights. The transfer of master files (subject to copyright rules and their original specific terms and conditions) may be made available to client at an additional 150% charge of the projects total. Any work for hire created for client by DGWD that has been paid in full by client, shall be considered to belong to client according to the agreed deliverable format describe in these terms and conditions or as stated on invoices.
RETAINER GENERAL AGREEMENT
For clients needing DGWD recurring website maintenance services, a monthly agreement with DGWD may be available, terms must be agreed to mutually in writing or digital format.
WEB DESIGN AGREEMENT TERMS AND CONDITIONS
When The Deeper Graphic & Web Design, referred to here as “DGWG” plan, design, code, and or publish a web site for Client, Website design specifications and descriptions are given to client together in the Invoice agreement.
Hosting & Domains
This Agreement does not include hosting and domain name registration fees or third party fees unless explicitly stated.
Website Creation Scope of Work
Web sites scope of work will generally consist of that which is described in writing as Proposals or as descriptions on the Invoice Agreement. Any additional work requested or required of “DGWG” by client, such as but not limited to adding pages or features that are not describe in the Final Proposal or billed invoice, may result in additional charges for any added work. In such cases, Client will be provided with a written estimate or invoice of any additional fees, before work begins.
Client acknowledges that the standard scope of work for a website design project will generally include a single home page design layout plus inner pages as summarized on invoice. Layout design on all inner pages where the header, navigation, and footer elements are located may appear in the same location on all inner pages to provide consistency and good functionality for the end users, unless otherwise stated on invoice.
When available “DGWG” may provide website samples and ask for client feedback on website projects. Clients feedback may be used to produce the final samples. After final website sample is delivered, DGWD may offer up to 3 rounds of revisions per page/layout. Excessive revisions will incur additional cost to client.
After DGWD verifies a website as launch ready and has uploaded the website. Any website changes not on original invoice, will require additional charges added to invoice or a new invoice.
Client will provide input and approval of any content and website design sample within 3 business days of receiving materials or links to review the clients website. Client acknowledges that if this time frame is exceeded, any due dates previously scheduled will be adjusted accordingly.
Clients delivering content to DGWD must provide all content such as artwork, images/photography, text, audio, etc… in digital format files such as but not limited to: Microsoft Word, Adobe Acrobat PDF, gif, jpg, tiff, psd and eps. Text and images provided by client to DGWD must be in good condition and in an appropriate format quality for Internet use as describe by DGWD. Clients can deliver digital content to DGWD online via e-mailed, or other digital sharable sources such as drop box, etc. Clients may deliver digital content on disc or storage drives. Hard copies from clients such as paper do not qualify as correctly delivering content. Clients sharing website links to DGWD of various websites do not qualify as correctly delivered content.
DGWD offers content creation and content editing services at a fee. Clients needing content services including content research, gathering, writing, spell check, grammar check, typing of text or scanning of images, can please inquire for assistance as needed, such work is billable to Client from “DGWG”.
Any content or information submitted to “DGWG” by client that is not considered final content ready by DGWD or information needing any modifications by “DGWD” is billable to client at regular fee for such charges. If additional copywriting and or editing are required, then additional charges may apply to Client.
In cases where clients may request DGWD to create websites where clients may have the ability to update their own content ongoing such as text, photos, etc… into a Content Management System (CMS), shopping cart or similar. DGWG will offer to populate enough content/items in the system to test functionality. If populating additional content beyond what’s needed for testing is required for Client from “DGWD”, additional charges may apply.
Website Delivery & Testing
All websites will be tested live for up to 7 days by Client online via a link provided by “DGWD” during which time any feedback concerning, bugs and fixes must be reported to “DGWD” to be fixed. At the end of this period, “DGWG” will launch the live website. The Client can request “DGWD” to put the website live before the end of this period if desired.
Live Launch Period
Any errors made by “DGWD” reported within the period prior to going live will be fixed free of charge.
Any bugs or errors reported within 15 days after the website goes live on the Internet will be fixed without any fee.
Any bugs, errors reported or matentiance requested after the client’s website is made live on the Internet for more than 15 days will be subject to billing. Charges will include time for diagnostic trouble shooting and implementing any needed solutions.
Termination & Cancellation
Client acknowledges that “DGWD” may terminate agreements, and retain client non-refundable deposit if client fails to provide all materials required and acceptable by “DGWD” for the completion of the clients website within 30 days after the deposit payment request date.
Should Client fail to initiate the creation process by not responding to requests for information within thirty (30) days, after the deposit payment request date, client’s account may be considered inactive and the project may be terminate by DGWD. No refunds or credits will be given.
If Client cancels the project after website has been designed Client will owe 100% of Project Total Cost.
Website / Graphic Design Payment Schedule
50% deposit required before work starts. Remaining balance due same day on or before product delivery. All deposits are non-refundable. Client is considered notified of terms & conditions upon receipt of invoice, terms and conditions are sent simultaneously with invoices for client’s review. Clients are always welcome to read and ask us any questions concerning DGWD terms and conditions at www.thedeepergraphicwebdesign.com/termsconditions. Quotes for any original job description as presented to the client, then later changed by client request whether made orally or in writing, may result in adjustments to quotes or fees accordingly.
It is the discretion of DGWD to choose to offer any discounts to clients. Specials or discount pricing offered by DGWD on invoices without deposits paid by clients will expire after 10 days of the original date of discount offer. Discounts offered by DGWD are automatically voided if and when clients request any revising or change to the original discounted invoice such as; changes in total quantity ordered, pricing, delivery schedule or any other request that will require the terms of the original discounted invoice to be revised or changed. In most cases DGWD will apply a new discount that DGWD see fairly fit the revised work order. Any new discount must be approved by DGWD and stated in writing on invoice. Published, online or general public discounts/sale offers are valid as expressed in their ads.
Rushed jobs are billed an additional 50% of the total or $35 added to the total invoice, which ever is higher. It is our preference that clients schedule all jobs accordingly to take advantage of our regular rates vs rush fees. Some conditions that will constitute rush charges are: Any job request with less than a 3 day turn-around, request that may require working after office hours Monday-Friday 9 a.m. – 5 p.m., and job request which may need work performed on holidays and weekends.
Late charge fees on unpaid balances may apply if payments are not received by their due date.
If Client fail to make payment on any amounts billed by DGWD, resulting in DGWD using collection services or any legal steps to resolve payment disputes, Client shall be liable for all legal fees, including and credit card services fees and court costs incurred by both parties to satisfy said payment(s).
Mutual Performance Obligations
Client and “DGWD” hereby acknowledge and agree that completion of the project described in this Agreement requires the mutual cooperation, assistance and participation of both Client and “DGWD” including without limitation with respect to Marketing Collateral Delivery, Content Delivery, Timely Approvals, Feedback from client and final “Go Live” approval. Client and “DGWD” agree to work together in a reasonable business manner to complete the project described herein, and shall not engage in any activity or course of conduct to hinder or prevent in whole or in part the other party’s ability to perform its obligations hereunder.
“DGWD” will strive to create websites that will meet Client’s expectations. However, “DGWD” does not guarantee that expectations will be met if requests are unreasonable or unable to be completed within the described scope of the project or if client fails in meeting any performance obligation. If Client fails to provide timely and reasonable feedback which may cause delay or frustrate the DGWD work flow process of the Project or compromise the timeline, DGWD may apply fees for the additional time. Client understands that they are responsible for additional fees due to increased time, or expenses incurred to “DGWD” because of such delays. If Client should fail to respond to requests for feedback from DGWD for a period of 14 days during either the consultation, design or development phases, “DGWD” may choose to stop and archived the project and any resources assigned to Clients project. Any payments made on the project to date will be non-refundable and forfeit.
Web site design and files created by “DGWD” are the property of DGWD; upon full payment, web site design and files become the property of the Client.
Client agree that any material created by DGWD such as samples, jobs or services for clients, are subject for use and show by DGWD in our portfolio of work and published testimonial s for “DGWD”.
“DGWD” shall be entitled to place an unobtrusive credit with a hypertext link such as “Website Design by DGWD “ in the footer on each page of the web site.
Client agree and understand that any elements of text, keywords, keyword phrases, graphics, photos, designs, trademarks claims, or other artwork provided to “DGWD” by clients for inclusion on a client website has been previously legally acquired by Client or are part of the public domain, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend “DGWD” from any liability or suit arising from the use of such elements.
“DGWD” is not responsible for changes made to the Web site by other parties that adversely affect the functionality, look, access availability, search engine rankings or anything else that was not created by “DGWD” agreed in writing and invoice.
Clients are informed to contact The Deeper Graphic & Web Design directly using our online contact form. When doing so, please give sufficient information to locate any material (such as a url) and clear informative descriptions. The Deeper Graphic & Web Design will respond asap with intent to share or seek fair satisfaction of both The Deeper Graphic & Web Design and client.