Terms & Conditions
What do both parties agree to do?
You: You have the authority to enter into this agreement on behalf of yourself, your company or your organization. You’ll give us everything we’ll need to complete the project as and when and in the format we may need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule:
A non-refundable deposit of $800 will be required at the beginning of the project.
Payment plans are available upon request.
Payments are due immediately upon the provision of the invoice; delays in payment may cause delays in the project schedule as we do not begin work until any deposit or subsequent required payment is received. Payments that are not received within 14 days of the original due date will incur a late fee of 10% of the amount due for every 14 days they are late.
We consider development complete when all coding and design work on your website is complete. This is often, but not always, when the site launches. Coding may be complete before your site launches and/or before your domain name is directed to your site in situations where you are not finished with content, want to wait to launch, or are adding to the scope of the project. Once the website is complete to the agreed upon project scope, final payment is due. Payment may be due before the site is launched, as in the situations described above.
Because you are paying for our time and expertise, payments will not be refunded once work has begun, except in our sole discretion. Any funds that are returned will be for work that has not yet been created. We will not refund any amounts for time that we have spent on the Project.
Schedule & Turn Around
To better serve you, we require a non-refundable deposit of $800 to reserve a spot on our schedule for all Web Design & Development projects. This ensures that we will be able to devote our full attention to crafting your website in a timely manner.
We will reserve a 6-8 week block of time to work on your website. This block of time will be used to craft your site, setup your hosting, WordPress, SEO and other functionalities, as well as make any revisions that you might require.
We realize that this is a very short amount of time and additional time may be required depending on the size of the site, amount of content and/or amount of revisions. Additionally, if the scope of the Project is altered significantly, we reserve the right, in our sole discretion, to amend the launch date to accommodate the changes to the Project.
Please make sure to have the following submitted before we are scheduled to begin work on your site: design specifications, text content, photographs, videos, and any other pertinent information. Additional time will be required if any of these things are not submitted on time.
All requests for maintenance, modifications, and updates will be completed within 1 – 8 business days. This time varies depending on our schedule and project load. All requests and/or projects are dealt with in a first come, first serve manner.
We realize that this is a very short amount of time and additional time may be required depending on the size of the request.
You have 24 days from the completion of all web design and development projects to report any bugs, or issues to us. We agree to resolve any bugs or issues related to the original coding and design of the site for no additional charge within those 24 days; bugs, issues, or revisions unrelated to the original work (e.g. introduced by a site administrator or introduced as a new revision), or reported after 24 days, will be invoiced at our regular hourly rates.
For on-going maintenance of your website, including software updates, bug fixes, issues, design modifications, content updates, etc., we can provide individual estimates for all as they arise or we can provide an estimate for a yearly or monthly retainer.
First, you guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork you provide us for inclusion in this project are either owned by your good self, or that you have permission to use them. In the event that you are using an element of text, graphics, photos, designs, trademarks, or other artwork that is licensed to you from the owner, please provide us with a copy of the documentation granting such permission from the owner.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You own text content, photographs and other data you provided to the extent that you had full and complete ownership upon providing it to us for inclusion in the project. We do not make any statements regarding your ownership of such items that are licensed to you for your use.
We’ll own the unique combination of these elements that constitutes a complete design, including but not limited to markup, design elements, CSS and other code necessary to complete the Project, and we license its use to you, exclusively and in perpetuity for this project only. You agree that you will not share or provide the markup, design elements, CSS and other code necessary to complete the Project with any other person or entity. In other words, you agree not to sell, share or in any way distribute the custom website designed in accordance with the Project in whole or in part to any other party whatsoever without the express written consent of DL48 Studio. We may withhold consent in our sole discretion.
We love to show off our work and share what we’ve learned with other people, so we reserve the right to display and link to your project as part of our portfolio and to write, promote and/or discuss on websites, in magazine articles, TV, advertisments, social media and in books.
We may, at our discretion, include a small footer credit on the sites that we code containing a link to our site and one of the following sets of wording:
- Handcrafted By DL48 Studio (Recommended)
- Designed By DL48 Studio
- A DL48 Studio Design
- Handcrafted in the Midwest By DL48 Studio
In exchange for a one-time fee of $880, you may omit the credit entirely.
We do not guarantee that our work will be error-free or remain error-free forever. We will not be liable to you or any third-party for damages or any damages arising out of or in connection with the project, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
If any provision of this agreement shall be declared by any court to be null, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
In the event that the text content, photographs, graphics, fonts and other data that you provided is not owned by you and you expressly or impliedly claimed that you either owned the text content, photographs, graphics, fonts or other data that you provided to us, you agree to pay all costs, expenses and fees that we may incur that are associated with any claims or disputes that may arise as a result of your lack of ownership and/or permission to use the text content, photographs, graphics, fonts and other data. You agree to fully indemnify us in the event that any type of dispute arises regarding ownership or permission to use the text content, photographs, graphics, fonts and other data you provided.
In the event that working together is not working for us, either party may terminate this agreement by providing 5 days written notice to the other (non-terminating) party. In the event that the contract is terminated, you will be responsible for payment of all outstanding balances for all worked performed prior to termination. Ownership of all the work created in contemplation of the Project’s completion will vest in the same manner as if the Project had been completed.
The Small Print
Just like a parking ticket, you can’t transfer this contract to anyone else without written permission from us. Although the language is simple, the intentions are serious and this contract is a legal document. This agreement is construed solely in accordance with the laws of the Commonwealth of Nebraska, excluding its choice of law rules. Any disagreement that may arise between us will be brought in the Court of Lancaster County, Nebraska as the exclusive venue of any suit brought hereunder or in any way related hereto.
However, we each agree that we will try to resolve any dispute that may arise in mediation before we proceed to litigation.
Each of us can sign separate copies of this document, and together, each copy will be deemed an original, all of which together shall constitute one and the same document.
This document embodies the entire agreement and understanding between us with respect to the project.
This document may only be amended in writing that is signed by both of us.
If there is a time where we excuse a breach of any of the provisions of this agreement (like accepts a late payment without charging a late fee), such an excuse will not be deemed to be or construed as a continuing allowance of such a breach.
The dotted line
By purchasing services and products through, DL48 Studio, LLC, https://dl48studio.com, you acknowledge that you have read and agree to the terms and conditions listed above.
Effective as of January 22, 2017
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