Terms and Conditions

DESIGN PROCESS AND LEGAL INFORMATION

1. Indulgent Beauty Designs will consult, plan, design, and code a web site, Myspace layout, E-bay Store 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. 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, Myspace 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 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 before project will commence.

7. Indulgent Beauty Designs will maintain the confidentiality of the Client’s materials, technical and 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.

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. Also Indulgent Beauty Designs is not liable for any deletion or interruption of a Myspace 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.

ESTIMATE, PAYMENT ARRANGEMENTS & REFUND POLICY

15. A deposit of 50% up font in the amount stated of package chosen on the Design Rates page is due upon signing of this Agreement, before work begins. The remaining 50% balance is due when the web pages, Myspace layout or graphic design has been constructed according to the client's original written specifications. If the total amount of this contract is less than $900, the total amount shall be paid upon signing this contract.

16. 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 web page or Myspace layout has gone to the coding process the full balance will be kept for services rendered of the entire project. All actions will be taken to see that any issue can be resolved before these points.

17. If all the necessary information has not been provided within 33 days, the remaining balance will be billed and is due within 5 business days. The project will be completed when the Client has the ability to provide the remaining content needed to complete the project. If the Client fails to make payments as agreed to herein, the web site will be temporarily disabled until all payments and assessed late fees are satisfied.

18. For additional terms and conditions regarding weekly and monthly Myspace or website maintenance, please request terms by Email. 19. By purchasing design work electronically you are agreeing to these contract terms and your deposit payment serves as your "signature" to this contract.