Terms and Conditions
DESIGN PROCESS AND LEGAL INFORMATION
1. Indulgent Beauty Designs will consult, plan, design, and code a website, E-commerce website, Wordpress Blog, Facebook page or other requested customizations for the individual or corporation, referred to in this document as "Client".
2. The cost included on the clients covers only that which is described in the Indulgent Agreement signed by the Client. Additional work will result in additional charges. Additional work is defined as the addition of pages, graphics, or other significant features. The Client will be provided with a verbal estimate.
3. The process of web design consists of the client providing visuals, color choices, graphics, other site examples, existing advertising materials, logos, images, or any other content the client deems suitable as a design guideline. Indulgent Beauty Designs will create an initial design and request feed back from the client. The design will be revised per the Client's recommendations. Indulgent Beauty Designs allows for two design revisions, unless otherwise stated in the design agreement. After which, an hourly rate of $63 may apply. Once the project is completed any further assistant will be billed at an hourly rate of $63.
4. Text content will be provided by the Client as final drafts ready for publication and in digital form. This can be submitted via email. If this option is not available, additional charges may occur depending on the extent of the content requiring digital transformation.
5. To maintain our portfolio credentials, and the integrity of any applicable copyrights, Indulgent Beauty Designs shall be entitled to place a minor credit with a hypertext link (ie:"Design By: Indulgent Beauty Designs") in an obscure location on each page of the web site, Facebook page, other sites, banner ads or graphic products. Indulgent Beauty Designs is also entitled to reproduce samples of web work done for the Client’s in our portfolio and in any marketing materials.
6. Project turnaround time may vary depending on the size of the project. However, typically for a 5 page HTML website, the total project time is three weeks. If there is a deadline to be met before a three week time frame, it is possible accommodations can be made with a rush payment. Client must provide all necessary information and content before project will commence.
7. Indulgent Beauty Designs will maintain the confidentiality of the Client’s materials, data, marketing plans and any other sensitive information.
8. Indulgent Beauty Designs and the Client agree that any dispute arising out of this Agreement shall first be resolved by mediation, if possible. This contract was entered into in Middlesex County, Massachusetts, and any necessary arbitration or litigation will take place in this county.
9. Copyright to web documents produced by Indulgent Beauty Designs for the Client, including page designs, their source code, and the unique assembly of these elements which constitutes a web site, shall be retained by Indulgent Beauty Designs. Indulgent Beauty Designs agrees not to use these page designs, or significant recognizable portions of them, as part of any other published work. Upon full payment of all invoices due and/or cancellation fee, the Client is fully licensed to use and freely reproduce these products for his own purposes; however, this license may not be re-sold or transferred to any third party.
10. Client is solely responsible for the editorial content of the material included on its website. Accordingly, the Client agrees that it will defend and indemnify (hold harmless) Indulgent Beauty Designs from any suit, demand, or claim resulting from the editorial content of the website. Indulgent Beauty Designs will not publish any content that violates the terms of service for the web hosting provider used to publish the Client's web site or images.
11. The Client represents to Indulgent Beauty Designs and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Indulgent Beauty Designs for inclusion in the Client’s web site or 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 and defend Indulgent Beauty Designs from any claim or suit arising from the use of such elements furnished by the Client. Indulgent Beauty Designs is not responsible for any content uploaded to the website by the client or its website users.
12. If requested Indulgent Beauty Designs will set up web hosting for the Client with a professional hosting company known to be reliable. However, Indulgent Beauty Designs makes no guarantees as to minimum "uptime", nor shall Indulgent Beauty Designs be held responsible for any direct, indirect, special or consequential damages resulting from possible lapses in hosting services. Such possible damages include any lost profits or business interruption or loss of digital data. It is the client's responsibility to request login details for any hosting account that Indulgent Beauty Designs sets up on the clients behalf, as well as keep an up to date version of all files pertaining to completed website. Indulgent Beauty Designs may not have or keep an up to date version of client's website, if files are lost or deleted, Indulgent Beauty Designs is not responsible to retrieve, recover or supply such files. Should Indulgent Beauty Designs have an up to date version of client's website files, we can restore files at our hourly rate. Also Indulgent Beauty Designs is not liable for any deletion or interruption of a Facebook account.
13. Indulgent Beauty Designs will not be liable to Client or to any third party for any damages arising from the use of web site.
14. 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.
HOSTING TERMS AND POLICY
15. Indulgent Beauty Designs will create and maintain a monthly hosting account for each client through our hosting provider. Monthly hosting payments will need to be received on time to ensure no interruptions in website up time.
16. Indulgent Beauty Designs retains the right to temporarily disable or permanently remove website files from hosting account should the monthly or yearly hosting account not be paid.
17. Indulgent Beauty Designs does not host files or retain a current version of client's hosted files. Client is responsible to have updated versions of hosted files in case of server disruption.
18. Hosting up time is 99.9%. Indulgent Beauty Designs is not responsible or liable for any amount of hosting down time.
19. Client may cancel monthly or yearly hosting service at any time with 30 day written notice to email@example.com. Previous monthly or yearly payments made for hosting are non-refundable at any time. Once hosting account is canceled no further payments will be required. If hosting account is canceled before domain name is transferred, the domain name will not be renewed and will be released to public availability once redemption period is over.
20. Indulgent Beauty Designs can point/transfer a domain to another registrar or point/transfer an outside hosted domain name to our servers for an additional fee.
ESTIMATE, PAYMENT ARRANGEMENTS & REFUND POLICY
21. A deposit of 50% up front in the amount stated on the design agreement is due upon signing of this Agreement or before work begins. The remaining 50% balance is due upon mock up approval, when the web pages, Facebook page or graphic design has been designed according to the client's written or verbal specifications that have been outlined and stated in the project agreement. If the total amount of this contract is less than $900, the total amount shall be paid upon signing the design agreement or beginning the project.
22. Indulgent Beauty Designs accepts several forms of payment including: Cash (Local clients only) Personal Check (Project will begin after check has cleared), Cashier's Check, Money Orders and PayPal. Indulgent Beauty Designs only accepts credit/debit cards for payment from preferred clients.
To become a preferred client you must satisfy the following criteria.
1) Fill out the preferred client credit card authorization form. By submitting the credit card authorization form this authorizes Indulgent Beauty Designs to process payments, deposit payments and/orprocess remaining balance payments of agreed-upon services with the card information on file without notice to the client.
2) Have completed 3 or more projects with IBD.
23.The Client acknowledges that the 50% initial deposit due upon commencement (as described elsewhere) shall be non-refundable and shall be in consideration of the initial administrative actions taken by the project manager and designer. If the Client should request a refund for any reason before initial design is approved, the initial payment will be kept for services rendered to that point. The remaining balance will not be due. If Client should request a refund after the mock up design has been approved, the full balance will be kept for services rendered of the project contract that was agreed upon. All actions will be taken to see that any issue can be resolved before these points.
24. If Client should contract Indulgent Beauty Designs for further services pertaining to current project or for an additional project after the initial one is completed, an Addendum Commencement sheet will be sent to client as acknowledgment of further payment. Indulgent Beauty Designs will charge, upon clients request for additional services, the payment method on file, without further written content from client.
25. Once project is completed to the project specs outlined in the design agreement, no further services will be rendered without a new quote for additional services. Should a client do any modifications to any part of the design or development of the contracted project, either themselves or by another person/company, our agreement to provide services will become void. Indulgent Beauty Designs is not responsible or held liable for any modifications done during any stage of the project or after project is completed, by persons not employed or contracted currently by IBD. We will immediately terminate this Agreement without further obligation and retain all payments as liquidated damages.
Client agree to provide all necessary content, logos, images, data and other materials (“Content”) within 10 business days after the Acceptance Date of this Agreement. We ask that you send digital files whenever possible. If we determine Content delivered by you is not in usable form, additional fees may apply. Client understand and agrees that delivery and completion of the Web Site Setup (“Launch Date”) is contingent upon their cooperation and ability to provide Content and their timely approval of work in progress (“Approvals”). We will provide a specific timeline (“Timeline”) including milestone dates, required Approvals and an estimated Launch Date within 5 business days after we receive your Content. In most instances, your Launch Date will be 3 to 12 weeks after we receive your Content. You understand and agree Monthly Fees for hosting if applicable, will begin on the first of the month following the Acceptance Date, regardless of your Launch Date. If you fail to provide all necessary Content and Approvals within 90 days after the Acceptance Date, we may terminate this Agreement without further obligation and retain all payments as liquidated damages.
Once project has commenced, if all necessary content has not been provided within 90 days, project will be closed out and any pending balance will be billed to the payment method on file. If paying by check or cash, payment is due within 5 business days. If requested, project can be resumed when Client has the ability to provide the remaining content. At which time, work will be billed separately at our hourly rate and will be assessed a project reinstatement fee to resume development. If the Client fails to make payments as agreed to herein, the website design will remain property of Indulgent Beauty Designs or website will be temporarily disabled until all payments and assessed late fees are satisfied.
27. E-mail/phone consultation: Indulgent Beauty Designs will provide a 30 minute, free consultation, via phone or email to new prospective clients. After which, any communication will be billed at our hourly rate at the discretion of our team members. Once project has begun and inital payment has been received, up to 2 hours total general Internet orientation, education, marketing strategy, Web design consultation, and tutoring on how to update website is included in project total unless otherwise started in the project agreement. Telephone conference calls may incur additional charges on the package rate quoted. Additional education and consultation is billed at our hourly rate.
28. Unprofessional Conduct. Indulgent Beauty Designs reserves the right to refuse service to the client should the client engage in unprofessional conduct with Indulgent Beauty Designs or its subcontractors. Unprofessional behaviors may include but are not limited to profanity, discrimination, harassment, threats of slander, libel or blackmail, or unethical practice. If a client engages in any of these or other unprofessional practices, Indulgent Beauty Designs will halt work immediately and resolve unfinished work per the Refund Policy.
29. For additional terms and conditions regarding weekly and monthly social media marketing or website maintenance, please request terms by Email.
30. By purchasing design work electronically you are agreeing to these contract terms and your deposit payment serves as your "signature" to this contract. The Client accepts the Indulgent Beauty Designs Terms and Conditions as they may be included with this Agreement, or as they may be further amended, at the sole discretion of Indulgent Beauty Designs. A complete and correct copy of Indulgent Beauty Designs Terms and Conditions may be found at the Indulgent Beauty Designs website (www.indulgentbeautydesigns.com/terms.html), or will be provided upon request. These Terms and Conditions shall be read and interpreted along with any such contract entered by Indulgent Beauty Designs and the Client. In the event that the provisions of these Terms and Conditions conflict with those of the contract, the contract shall control.