website design terms of service
TRANSCRIPT
The terms of services from RP Designs & Red Polly [hereafter referred to as RP] constitutes agreement to these terms.
Website Design Terms of Service
All Web Design & Development services provided by RP are subject to the following terms and conditions.
Estimates & ContractsEstimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.
Charges & FeesAll new design projects require an initial 30% deposit of the total that will be due at contract signing. 50% of the total will be due 2 weeks after contract signing. The remaining 20% of the total will be due upon acceptance of the completed design project before it is released to the client.
Any check payments that do not clear will be charged a $35 fee. RP retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)
PaymentsRP accepts payments via Cash, Check, PayPal and all major Credit Cards. Your payment should come from PayPal available funds or credit card. Your project will not be released to you or uploaded until full payment is received.
Hours of OperationOur business hours are Monday-Friday from 8am-4pm HST. If you require maintenance after the posted hours, such as on weekends or holidays, you will be charged our base rate of $50 per hour with an additional charge of $25 per hour for after hours assistance.
1 Red Polly Designs www.redpolly.com 808.747.3243 [email protected]
Web Site Design CreditAll RP custom web design clients will have a Design by: RP link on their website in the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay RP a fee of $300 to have this link permanently removed. Should you have a new layout designed for your site by a company other than RP, you may remove the credit from your website. Thank you.
Copyright & OwnershipUpon completion of the project, RP transfers all rights and ownership of CUSTOM designs and programming written by RP to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.
RP reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by RP but not in legal use by the client.
RP reserves the right to display websites and graphics that have been designed by RP on their website, and in any marketing material to aid as examples of our work.
Refunds
RP requires a deposit before we begin work on any project. A request to terminate services must be presented to RP. If we fail to complete your project within the agreed date on the signed contract AND you have turned in all content, images and information requested by us, you will receive a 50% refund within 30 days of your written request. Otherwise, please follow the refund terms below.
Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.
Because we resell hosting for a larger company, we are unable to offer refunds on hosting, SSL and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs.
2 Red Polly Designs www.redpolly.com 808.747.3243 [email protected]
ChargebacksRP will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.
Development & DeliveryRP understands the importance of completing projects in a timely manner. This also means we limit our edits to your website as posted on your contract.We agree to complete the design project within the specified days on the signed contract. If the client does not supply RP with complete text, graphic content and other requested materials for the contracted client within the written and agreed time of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to RP for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between RP and the client.
Non-CommunicationIf we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
LiabilityServices purchased from RP are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall RP be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
3 Red Polly Designs www.redpolly.com 808.747.3243 [email protected]
International CustomersWe are happy to accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via Credit Card. This is non-negotiable.
Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. Exclusive jurisdiction and venue is as governed in the district court of Hilo County, Hilo Hawaii.
Acceptance
Please note that by submitting your Deposit or downpayment for our services you are agreeing to all of our terms of service as written here. RP reserves the right to change or update these terms at any time without prior notice.
4 Red Polly Designs www.redpolly.com 808.747.3243 [email protected]
Graphic Design, Print Ad, Logo & Label Design Projects
Being an all-digital design shop means that you are responsible for providing us with all artwork corrections for your pre-published or pre-print Ads and Labels. Please note that it makes good sense to check your designs (and spelling) before print approval – corrections or modifications made after the approval/proofing stage will incur extra charges, as we need to make design changes and repeat the entire pre-press process to incorporate the new files.
In summary, RP and our artists have done everything possible to make the artwork and files perfect. However, RP and it’s designers/affiliates are not responsible for it’s final approval, so please be sure to check all copy, dimensions and color separations.
Estimates & ContractsEstimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.
Charges & FeesAll new design projects require an initial 30% deposit of the total that will be due at contract signing. 50% of the total will be due 2 weeks after contract signing. The remaining 20% of the total will be due upon acceptance of the completed design project before it is released to the client.
Any check payments that do not clear will be charged a $35 fee. RP retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)
PaymentsRP accepts payments via Cash, Check, PayPal and all major Credit Cards. Your payment should come from PayPal available funds or credit card. Your project will not be released to you or uploaded until full payment is received.
5 Red Polly Designs www.redpolly.com 808.747.3243 [email protected]
Hours of OperationOur business hours are Monday-Friday from 8am-4pm HST. If you require maintenance after the posted hours, such as on weekends or holidays, you will be charged our base rate of $50 per hour with an additional charge of $25 per hour for after hours assistance.
Copyright & OwnershipUpon completion of the project, RP transfers all rights and ownership of CUSTOM designs written by RP to the client. Third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.
RP reserves the right to resell custom designs that remain unpaid by the original client, unaccepted mockups or other graphics created by RP but not in legal use by the client.
RP reserves the right to display graphics that have been designed by RP on their website, and in any marketing material to aid as examples of our work.
RefundsRP requires a deposit before we begin work on any project. A request to terminate services must be presented to RP. If we fail to complete your project within the agreed date on the signed contract AND you have turned in all content, images and information requested by us, you will receive a 50% refund within 30 days of your written request. Otherwise, please follow the refund terms below.
Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.
Refunds on printed (because we resell printing services) projects will be the same policy as the printer the client chose. (i.e. if vistaprint.com prints the business cards we designed for you, and you are unsatisfied in anyway, it will be up to vistaprint and you to resolve any refunds or credits. We will gladly help you with resolving your problem,but can not be held responsible)
ChargebacksRP will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.
6 Red Polly Designs www.redpolly.com 808.747.3243 [email protected]
Development & DeliveryRP understands the importance of completing projects in a timely manner. This also means we limit our edits to your graphics as posted on your contract. We agree to complete the design project within the specified days on the signed contract. If the client does not supply RP with complete text, graphic content and other requested materials for the contracted client within the written and agreed time of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to RP for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between RP and the client.
Non-CommunicationIf we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
LiabilityServices purchased from RP are provided “as is” without warranty of any kind that the design project will be uninterrupted or error free. In no event shall RP be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the design, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the design, services, and/or goods provided to the client. The entire risk as to the quality and performance of the design is with the client.
International CustomersWe are happy to accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via Credit Card. This is non-negotiable.
Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. Exclusive jurisdiction and venue is as governed in the district court of Hilo County, Hilo Hawaii.
AcceptancePlease note that by submitting your Deposit or downpayment for our services you are agreeing to all of our terms of service as written here. RP reserves the right to change or update these terms at any time without prior notice.
7 Red Polly Designs www.redpolly.com 808.747.3243 [email protected]
User Agreement, Domain & Hosting Terms of Service
The use of services from RP Designs & Red Polly, [hereafter referred to as RP"] constitutes agreement to these terms.
1.) Account Setup / Email on fileWe will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
8 Red Polly Designs www.redpolly.com 808.747.3243 [email protected]
2.) ContentAll services provided by RP may only be used for lawful purposes. The laws of the State of Hawaii and the United States of America apply.
The customer agrees to indemnify and hold harmless RP from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email RP stating your concern. If the request is of a licensing issue, we may require further documentation.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us via our contact form or email and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
RP reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
RP reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of RP.
9 Red Polly Designs www.redpolly.com 808.747.3243 [email protected]
4.) Payment InformationYou agree to supply appropriate payment for the services received from RP, in advance of the time period during which such services are provided. You agree that until and unless you notify RP of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via email. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. An employee will confirm your request (and process your cancellation). If you do not hear back from us within 24 hours, please contact us immediately via phone. We require that cancellations of service are done through email to: (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of RP, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. RP provides a 30 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 30 days and not paid will result in a $35 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact RP via email.
RP reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data LossYour use of the service is at your sole risk. RP is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored by RP.
10 Red Polly Designs www.redpolly.com 808.747.3243 [email protected]
6.) Cancellations and RefundsRP reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via email.
There are no refunds on hosting fees or domain fees.
Violations of the Terms of Service or User Agreement will waive the refund policy.
13.) Price ChangeThe amount you pay for hosting or your domain may increase from the date of purchase. This change will appear on your card from the hosting and domain service we set you up with. It is your responsibility to negotiate price changes with them after your first contract is ended. We reserve the right to change prices listed on our company websites, and the right to change the amount of resources given to plans at any time.
14a.) IndemnificationCustomer agrees that it shall defend, indemnify, save and hold RP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against RP, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless RP against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with RP; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement.
11 Red Polly Designs www.redpolly.com 808.747.3243 [email protected]
14b.) ArbitrationBy using any RP services, you agree to submit to binding arbitration. If any disputes or claims arise against RP or its subsidiaries, such disputes will be handled by an arbitrator of RP choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Hawaii. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
15.) DisclaimerRP shall not be responsible for any damages your business may suffer. RP makes no warranties of any kind, expressed or implied for services we provide. RP disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by RP and its employees.
16.) Disclosure to law enforcementRP may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.We will cooperate fully with law enforcement agencies.
17.) Changes to the Terms of ServicesRP reserves the right to revise its policies at any time without notice.
12 Red Polly Designs www.redpolly.com 808.747.3243 [email protected]