By purchasing services from Simply Creative (www.simplycreative.com), you as the client are agreeing to the following terms and conditions:
Payments
An initial $250 deposit is required to hold your place on the waiting list. 50% of the total project cost is due at the start of the project, with the remaining balance due upon acceptance of the design/layout. All payments are non-refundable upon receipt. There are no exceptions.
For projects under $500, Simply Creative requires 100% of total payment up front before starting on the project.
All amounts must be in US Dollars (US$) and made through credit card (Visa, MasterCard or American Express) or PayPal.
Completion Date
Simply Creative and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 90 days after client has submitted all necessary materials. If the client does not supply Simply Creative with complete text and graphic content for this web design project within 45 days of the date this agreement was signed, the contact is void and any deposits are forfeited.
Project Delay
If circumstances change and you need to put your project on hold, you will be locked in to your quoted price for a period of 90 days from your estimated start date. After 90 days, your project will need to be reassessed at current rates. If you decide not to proceed, all deposits are forfeited and any graphics, layouts or mock-ups will remain the property of Simply Creative.
Communication and Support
Once payment has been received and the design of your website has commenced, you must be available via e-mail, able to answer all questions and complete tasks daily throughout the design process. Almost all communication is via e-mail and not by phone, fax, postal mail or in person.
You will receive e-mail support for 45 days after your site has been turned over to you. You are encouraged to use this time to load your products and process several test orders to become familiar with the functionality of your site. After 45 days, there may be a charge for hourly support depending on the frequency and complexity of your questions.
Authorization
As the client, you authorize Simply Creative to install any scripts, software or programs relevant to the web design project and to access your website account through your hosting service panel and FTP. You will provide Simply Creative with the login information and passwords necessary to access your website if you are not hosting on our server.
Credit and Usage
All graphics, illustrations, and layouts are intended to be kept whole as given to you. All work done by Simply Creative may not be used by anyone else but the specified client on the domain for which it was originally designed. All preliminary mockups to include graphics, layouts, etc., which are not selected by the client remain the full property of Simply Creative and may be used in future projects for other clients.
Simply Creative retains all rights to display artwork in portfolios and advertising materials. E-mail testimonials from clients may be posted on www.simplycreative.com.
All website designs by Simply Creative require a text link back to Simply Creative unless other arrangements have been made. The client guarantees that links back to Simply Creative will remain in place until such time as that website design is no longer published on the Internet. Removal of this link is in violation of this agreement and subject to breach of contract.
Copyrights and Trademarks
When providing artwork, graphics, or photos for use on your site, we require that you have license to use it. This means that it must be a royalty-free stock image or custom designed artwork where the original illustrator, photographer or artist has given you permission to use their work on your site. This will apply to artwork we choose for you as well.
Project Ownership
Ownership of final artwork designed by Simply Creative on behalf of the client will be transferred to the client upon final payment, unless otherwise specified by Simply Creative . This does not include code or software. Copyright on all software and code remains the property of Simply Creative or its otherwise respective owner.
Claims Period
Any claims for defects or damages must be made by the client in writing within 15 days after project delivery. Failure to make such a claim within the stated period of time shall constitute acceptance of the project as delivered and any subsequent requests for changes will be charged at our normal hourly rate.
Liability
Any service purchased from Simply Creative is provided 'as is' without warranty of any kind that the web design project will be uninterrupted or error-free. In no event will Simply Creative be liable to you or any third party, on any legal theory for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use of any Simply Creative service, graphic or code, or the use of any hosting service, service provider, telecommunications carrier, internet servers, third party e-commerce programs, or your site visitor's computer or internet software, including, without limitation, service interruptions caused by Acts of God and/or Nature, or any other circumstances beyond our reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
Simply Creative will make no warranty to cover AOL, text-based or old browsers or requested special effects that have been advised against.
Confidentiality
All correspondence and documents provide will be treated as confidential between the client and Simply Creative.
These terms and conditions supersede all previous representations, understandings or agreements. Terms are subject to change.
