Design Project Terms & Conditions

  • This Website Design Agreement (“Agreement”) is being made between the above party and Servously/Shauna Callaghan on 01/15/2021.

    Terms & Conditions

    Shauna Callaghan & Servously Terms & Conditions

    Please read all information carefully.

    Summary:

    We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

    You are hiring us to design and develop a website for the estimated total price outlined in our previous correspondence or proposal.

    What do both parties agree to do?

    As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including final page copy, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. You also agree to stick to the payment schedule set out in our previous correspondence or proposal.

    We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been delayed in supplying materials or have not approved our progress in a timely manner. On top of this we will also maintain the confidentiality of any information that you give us.

    Design

    We will create designs for the look-and-feel, layout and user experience of your website. This contract includes an initial design with the opportunity for you to make a reasonable number of revisions.

    Text content

    We’re not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’d be happy to connect you with a copywriter if needed.

    Photographs

    You will supply us photographs in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. Many design projects will include stock images in the project rate.

    Changes and revisions

    We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.

    The estimate/proposal pricing provided are based on the amount of time that we estimate is needed to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged at an agreed upon rate based upon the additional requested. Along the way we might ask you to put requests in writing so we can keep track of changes.

    Technical support

    Servously offers reliable website hosting services as well as ongoing website maintenance and support. We would love to support your site on an ongoing basis. Please contact our team for rates.

    Legal Liability

    We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.

    If any provision of this agreement shall be 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.

    Confidentiality

    We are committed to hold your confidential information in the strictest of confidence and to protect your confidential information from disclosure to any third party. Servously/Shauna Callaghan will take all necessary steps to protect your confidential information and will not use such information, or any part of it, for its own purposes or the purposes of any other party.

    Copyrights

    You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by you, or that you have permission to use them.

    When we receive your final payment, copyright is automatically assigned as follows:

    You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.

    You also own text content, photographs and other data you provided. You have the permanent right to use and modify the XHTML and CSS in regard to your corporate website (not restricted to the specific project). You do not have permission to use this code for any website not owned by the client or to distribute it without seeking further license.

    We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.

    Payments

    We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As such, you agree to stick to the agreed upon payment schedule.

    Payment schedule:

    50% of rate quote due upon start of project Balance due upon launch of website

    Additional payment schedules available if requested

    Refunds

    Due to the digital nature of our products and services, NO REFUNDS will be given for any reason. Once a deposit is placed for a custom design, it cannot be withdrawn. Should the client decide to cancel the project, any payments already made will be forfeited.

    Ongoing Maintenance Monthly Billing

    We offer monthly payment plans for our clients that opt to have us take care of WordPress updates, maintenance and edits on an ongoing basis.

    Final details

    Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

    Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of U.S. courts.