Terms of Service Agreement. By purchasing any service from Design Me Pretty, 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 Design Me Pretty.
Authorization. The client is engaging Design Me Pretty as an independent contractor for the project discussed. The client hereby authorizes Design Me Pretty with full excess to all necessary materials, accounts, resources and programs for project completion. Design Me Pretty will not share, trade , distribute or sell this information, nor are they to be held responsible for any damage or loss of data.
Assignment of Project. Design Me Pretty. reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion.
Cancellation and Termination. Either party may cancel and terminate the project at any time for any reason, in such event all work will stop immediately and all payments made prior shall be retained by Design Me Pretty. All liable expenses already incurred by Design Me Pretty or those Design Me Pretty is liable to pay shall be paid by the client in full. If cancellation and termination is done on the part of Design Me Pretty 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. In the event of cancellation and termination, Design Me Pretty 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 Design Me Pretty 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 Design Me Pretty 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.
Communication. All communication will be done through email during our business hours (Monday-Friday 9:00 am – 5:00 pm. Closed Holidays). If you do not receive a reply from us within 72 business hours please send your email again as we may not have gotten it the first time. During the design process please check your email often and respond to ALL questions and requests as soon as possible. If we do not receive a response from you for 14 consecutive days your project will be dropped and your payment will be forfeited.
Completion Date/Turnaround Time. After supplying Design Me Pretty with all necessary information, payments and materials, each client will be given a starting date and turnaround to first draft/proof based on our availability. Design Me Pretty will send additional drafts within 5 business days after receiving clients draft reviews and comments. If the client does not supply Design Me Pretty with a draft review within 14 consecutive days the client may choose to cancel and terminate this agreement or postpone the project for up to 6 months. If postponed the client must pay an additional holding fee of 10% of the total project price per month. If after the 6 months the client still hasn’t supplied Design Me Pretty with the necessary materials Design Me Pretty will terminate the project. Installation and file hand-off, as applicable, will be completed within 5 business days after any remaining balance is paid and the final draft is approved by client.
Clients Alterations and Technical Support. There shall be no charges to the client for revisions or corrections or additions made necessary be errors on the part of Design Me Pretty. Any changes requested by the client before the approval of the final design are not considered client alterations but draft critiques. Changes requested by the client after design approval and before or after project completion shall be considered client’s alterations and will be charged. If the client wishes to modify or enhance the site beyond minor changes, Design Me Pretty shall be given first option to perform such modifications and enhancements. In such cases a new order will be written up.
Project Copyright. The client will obtain copyright of the final logo and illustration reversion upon receiving the files. All other copyright remains with Design Me Pretty. Design Me Pretty may display completed projects in design portfolios. Client is not allowed, for any reason, to alter, change, duplicate, redistribute or resell any information, draft, image, graphic, design, template, layout or code Design Me Pretty provides client with for clients personal or business use. Please do not create or hire another designer, outside of Design Me Pretty , to create something with, based on or similar to our designs.Downtime and Hosting Most images will be hosted using the space provided through the clients blog platform or web host. We are not responsible for any error or downtime associated with this space. When applicable client’s images and files will be hosted through our hosting provider. We are not responsible for any error or downtime on their part, but should it occur client is advised to please wait it out. If client’s images and files are not up and viewable within 4 hours they may contact us for an overview on the issue and an estimated time of it’s solution. If desired client may provide us with a replacement hosting provider (site and login info) to which we will switch said images and files over to. In such event the client will be given full control of the new location but the copyright will continue to remain with us.
Payments. Payments for services provided hereby shall be in accordance with the conditions contained in these terms. Design Me Pretty will accept no payment outside of Paypal. All orders must be paid with a 50% upfront payment before the project can begin. The remaining 50% must be paid before installation or file hand-off.
Credit Line. At the bottom of each blog and web page Design Me Pretty will include a small credit line . This credit line will link to http://www.deignmepretty.com and will be written as follows: “Web (or blog) Design (or Customization) by Design Me Pretty”. This credit line, including text and link must remain intact, clearly viewable and unaltered. On blog design projects a button will also be installed on client’s sidebar.
Legal Notice. The entire risk as to the quality and performance of the completed project is with the client. Design Me Pretty 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 and Mozilla Firefox, Design Me Pretty is not be held responsible for any functionality or design errors that may occur with the use of any other browser. Design Me Pretty is not to be held responsible for the function of the favicon, load times, or any other errors occurring due to reasons beyond Design Me Pretty’s control. In no event will Design Me Pretty be liable to the client or any third-party for and 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, failure of any services provides, of any telecommunication carrier, of the internet backbone, of any internet servers, your or your sites visitor’s computers or internet software, even if Design Me Pretty has been advised of the possibility of such damages. If any provision shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed serviceable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Warranties and Liability. Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use ofDesign Me Pretty . 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 Design Me Pretty harmless from any claim resulting from the client’s publication of material or use of those materials. It is also understood that Design Me Pretty will not publish information over the Internet which may be used by another party to harm another. Design Me Pretty will also not develop a pornography or warez web site for the Client. Design Me Pretty reserves the right to determine what is and is not pornography.
Indemnification. Client agrees that it shall defend, indemnify, save and hold Design Me Pretty harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Design Me Pretty’s involvement in the client’s project. This includes Liabilities asserted against Design Me Pretty, 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 Design Me Pretty 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 agree 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 Design Me Pretty and it’s subcontractors from any claim, suit, penalty, tax or tariff arising from the clients exercise of internet electronic commerce.
