TERMS OF USE

These are the standard terms and conditions for all Graphic Design/Website Design services and apply to all contracts and/or all work undertaken by Designer, Jessica Slays of Slays Design.

LEGAL AGREEMENT AND ACCEPTANCE
By using Designer's services, Client is entering into a legal agreement with Designer, consisting of these following Terms of Use and together with Wix.com Terms of Use and Wix.com Privacy Policy. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote and uses Designer's services, it implies that Client has read and accepted these terms and conditions in full. You may not use Designer's services if you do not consent to all terms and conditions. Please read the following carefully:

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Payment Obligations, Renewals, and Cancellations

 

Website Development Payment Obligations: A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee, unless an alternative contract or proposal specifies a different amount. The outstanding balance on your website is due after the design, navigation, and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the Client to get content submitted promptly so that their site can go live. It also ensures that Designer gets paid for performing their duty under the proposal, despite tardy content from the Client. After payment, Designer will still post outstanding content AT NO CHARGE for 3 months. In the event an “under construction” page is posted due to missing content, Designer will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date. After the three months have expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the Client, these changes will be billable at our current regular hourly rate.

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Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down-payment is non-refundable. Designer has sole discretion to offer a partial refund depending upon the circumstances.

 

Stock Photography Payment Obligations: Stock photography includes most photos/graphics not provided by the client. Stock photography purchased on behalf of client for use in website development is billable at a minimum of $10 per picture. This amount is separate from the amount quoted for website design and development. Designer will solicit client approval and communicate the price before purchasing in some cases when photo/graphics exceed the $10 minimum. 

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Description of Ongoing Costs: There are 2 types of ongoing costs: domain registration and hosting.

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Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. Domain name registration fees are not refundable.

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Hosting: This cost recurs annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. 

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Hosting Renewal Payment Obligations: Hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Designer fifteen (15) days before the renewal date that Client does not wish to renew the account.

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Hosting Cancellation Payment Obligations: Client may cancel at anytime. Please refer to the details under “Limited 14-day Money Back Guarantee.”

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Limited 14-day Money Back Guarantee: 

• Within the first 14 days: receive a full refund. However, this does not apply to Domain names, Mailboxes, Apps (they are all non-refundable). 

• After the first 14 days: Client can turn off your Premium Plan's auto-renewal and it will be canceled on the next expiration date:

  • MONTHLY PLAN: Plan will expire the following month. Client must pay for it until the subscription ends.

  • YEARLY PLAN: Plan will expire the following year. Client must pay for it until the subscription ends.

 

After the first 14 days, Client will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. Designer will refund the prepaid fees for basic hosting for the full months remaining after effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $25.

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All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to Client within 10 business days from your cancellation date.

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Limited 14-day Money Back Guarantee on Hosting: If you are not completely satisfied within the first 14 days from your site going live, you will be given a refund on your hosting fee excluding setup fees and time accrued from setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. Domain name registration is non-refundable.

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CANCELLATION

CANCELLATION BY USER:

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CANCELLATION BY DESIGNER: If Client's account has been cancelled by Designer due to abuse or violations of the terms and conditions on your part, you will not be eligible for a refund.

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CANCELLATION BY WIX: Failure to comply with any of the Wix Terms and/or to pay any due Fee shall entitle Wix to suspend (until full payment is made) or cancel your User Account and User Website (or certain features thereof), as well as the provision of any related Wix Services (e.g., Paid Services) or Third Party Services to you

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LOSS OF DATA, CONTENT, CAPACITY, AND BACKUPS

If Client's account or any of Client's services are cancelled, it may result in loss of content and data. Client is responsible to backup your data and materials. Client is responsible for maintaining your own backups with respect to Client's website and Designer will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by Designer.

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E-COMMERCE

Client is responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Designer and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce. Client is responsible for all sales activities, including relationships with customers and any payment service providers.

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DISCLAIMER OF WARRANTIES

Designer is not considered a "publisher" of your content, we do not endorse your content, and will not be liable for any content used by Client. Designer shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

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RELEASE OF LIABILITY

Client shall indemnify, defend and save Designer harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Designer’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Designer including, but not limited to, all attorneys’ fees, costs and expenses incurred should Designer be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Designer and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorney fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify Designer is not limited to any acts or omissions, statements or representations made by Designer in the performance and/or nonperformance of Designer’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Designer. All reasonable precautions will be taken to safeguard the property entrusted to Designer. Designer will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. Designer will not be held liable for typographical omissions or errors.

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OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos, graphics, etc. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

VARIATIONS
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $100.00 per hour.

PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases.

APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points. Once approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

REJECTED WORK
If you reject any of our work or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

PAYMENT
Upon completion, we will invoice you for the 50% balance of the project.

WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

LICENSING
Once Client has paid Designer in full for work, Designer will grant Client access to Client's Wix account and all its related contents for the life of the website.

SEARCH ENGINES
Designer does not guarantee any specific position in search engine results for Client's website. Designer does perform basic search engine optimization according to current best practice.

CONSEQUENTIAL LOSS
Designer shall not be liable for any loss or damage which Client may suffer which is in any way attributable to any delay in performance or completion of contract, however that delay arises.

DISCLAIMER
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Slays Design or Jessica Slays under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

SUBCONTRACTING
Designer reserves the right to subcontract any services that we have agreed to perform for you as we see fit.

NON-DISCLOSURE
Designer agrees not at any time, to disclose any of your confidential information to any third party.

ADDITIONAL EXPENSES
Client agrees to reimburse Designer for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.


OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting if we purchased on your behalf when you reimburse us for any expenses that we have incurred.
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CROSS-BROWSER COMPATIBILITY
We ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.


RIGHTS AND COPYRIGHTS

PORTFOLIO RIGHTS: Designer reserves the right to display, reproduce and distribute the designs in Designer’s portfolio and website, and third party trade publications or exhibits, solely for the purpose of promoting Designer’s work, and the right to be credited with copyright ownership and authorship of the designs in connection with such use. Designer understands some work may be considered “sensitive” and some work may be required to remain private from the public eye.

COPYRIGHT: Subject to Designer’s portfolio rights, Designer grants to the Client rights to reproduce, display, distribute, and create derivative works based on, the selected final design in all media. Under U.S. Copyright law, Designer retains all copyright in and to the preliminary works and the final design. All elements of text, images or other artwork provided by Client must be owned by the Client, or must have permission to use them. Designer is not held responsible to store source files for a certain length of time.
 

EXPIRATION & MODIFICATION

This Agreement shall remain in effect until either Party provides written notice of cancellation. This Agreement may be modified or amended as necessary after negotiations initiated by either Party. Once an agreement is reached, only a written instrument signed by both Parties will modify or amend this Agreement.

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