By purchasing services from Amy Irwin, LLC, and by viewing this website, you as the client are agreeing to the following terms and conditions:
As the client, you are engaging Amy Irwin, LLC, as an independent contractor for the specific purpose of designing and/or improving a website to be published on your account with a hosting service.
These terms shall be construed in accordance with and governed by the laws of the State of Nebraska, U.S.A., without regard to principles of conflicts of law. Each party consents to the exclusive jurisdiction and venue of the courts of Douglas County, NE for the resolution of any action arising out of these terms.
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 $500, Amy Irwin, LLC requires 100% of total payment up front before starting on the project. All amounts must be in US Dollars (US$) and made through credit card (Visa, MasterCard or American Express) or PayPal.
Amy Irwin, LLC 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 Amy Irwin, LLC 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.
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 Amy Irwin, LLC.
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.
As the client, you authorize Amy Irwin, LLC 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 Amy Irwin, LLC with the login information and passwords necessary to access your website if you are not hosting on our server.
Amy Irwin, LLC reserves the right, and you hereby agree, to assign subcontractors to this web design project to insure that the terms of this agreement are met as well as on-time completion.
Credit and Usage
All graphics, illustrations, and layouts are intended to be kept whole as given to you. All work done by Amy Irwin, LLC 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 Amy Irwin, LLC and may be used in future projects for other clients.
Amy Irwin, LLC 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 Amy Irwin, LLC require a text link back to www.simplycreative.com unless other arrangements have been made. The client guarantees that links back to www.simplycreative.com 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
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Amy Irwin, LLC for inclusion in the web design 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 Amy Irwin, LLC and its 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.
The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows Amy Irwin, LLC full access to the website via FTP.
Amy Irwin, LLC offers web hosting services upon request, for which the following points apply. The client acknowledges that web hosting services are provided off-site and any downtime can not be anticipated, nor can Amy Irwin, LLC be held responsible for down time of your web site related to web hosting issues. Amy Irwin, LLC will provide the client with full customer support for provided hosting related issues during regular business hours.
Amy Irwin, LLC reserves the right to terminate hosting services if payment for hosting is not made yearly or monthly, depending on the hosting package selected by the client, within 14 days of the due date. Upon termination, all website files and images will be removed from the server. Amy Irwin, LLC can not be held liable for any loss or damage to data caused by server downtime or other unforseeable events. Amy Irwin, LLC will keep a copy of all original files for client sites for (1) year after completion. It is the client’s responsibility to regularly back up their website regularly.
Web Site Maintenance
Amy Irwin, LLC offers site maintenance at the current hourly rate. In addition, packages may be made available to keep a designer on retainer for specific maintenance. All maintenance payments must be received prior to any work completed.
Amy Irwin, LLC retains copyright to the finished website design until payment has been received in full. Upon receipt of full payment for all services rendered, ownership of template, coding and images created by Amy Irwin, LLC are transferred to the client for use on the domain for which it was originally designed. The client does not receive the right to redistribute the website design or any parts contained therein.
Rights to software, photos, graphics, source code, and sample files are specifically not transferred to the client, and remain the property of their respective owners.
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.
Electronic Commerce Laws
The client agrees that the client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the web design project or any other services contemplated herein, and will hold harmless, protect, and defend Amy Irwin, LLC and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the client’s exercise of internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Any service purchased from Amy Irwin, LLC is provided ‘as is’ without warranty of any kind that the web design project will be uninterrupted or error-free. In no event will Amy Irwin, LLC 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 Amy Irwin, LLC 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.
Limitation Of Liability
Any service purchased from Amy Irwin, LLC is provided ‘as is’ without warranty of any kind that the web design project will be uninterrupted or error-free. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services, which are the subject of any such claim.
In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising. In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
All correspondence and documents provide will be treated as confidential between the client and Amy Irwin, LLC.
These terms and conditions supersede all previous representations, understandings or agreements. Terms are subject to change.