As of January 01, 2008 -
Authorization The named client is engaging Delicious Design Studio, as an independent contractor for the specific design project of developing and/or improving a blog or website, hereinafter referred to as “design project” to be installed on the client’s account. The client hereby authorizes Delicious Design Studio to access this account, and authorizes the Hosting Service to provide Delicious Design Studio with “full access” to the client’s account, and any other programs needed for this design project that are included as part of the client’s service agreement.
Project Schedule & Waiting List Once the client has paid their first initial payment, Delicious Design Studio will add them to the project schedule waiting list. These dates are just estimates and Delicious Design Studio has the right at any time, to change the project date for any reason. The waiting list can be viewed on the delicious design studio website. Once the client’s design date has arrived, the process will then take up to 6-8 weeks to complete, depending on the designer’s schedule. Delicious Design Studio has the right to extend the project date if need be, depending on the requests of the client or the depth of the project.
Development Delicious Design Studio will guarantee that the design project we complete for each client will work in the latest browser versions of Internet Explorer and Mozilla Firefox. Delicious Design Studio strives to create content that is functional and viewable to the great majority, which means we design to meet the needs of the web site consumer. Currently more than 75% of internet users view internet content using Internet Explorer and Mozilla Firefox. Additional platform testing and modification of website design to work in other platforms will require an extra fee. For the same reasons, Delicious Design Studio will design for the screen resolution 1024×768, as this is the current standard among internet content. Delicious Design Studio automatically takes all recognized steps to make your site accessible to those with disabilities.
Once the snapshot and test site is made available to the client for review, the client then has no more than (2) opportunities to compile a list of all final customizations that they would like to be done to the site before it is installed. After these customizations have been sent to Delicious Design Studio and are completed, Delicious Design Studio will then have the right to charge the current hourly rate, on any edits thereafter. Delicious Design Studio has the right to deny any customizations that the client suggests if it will alter the look of the design after it’s been completed.
Refunds We do not offer refunds.
Once your deposit and/or full payment has been received, your project is accepted and placed on the design schedule and other projects are often turned away.
No refunds are permitted under any circumstances. Your deposit is a retainer of our time, it secures your position on our schedule and covers the costs preliminary consultation and expertise. If you change your mind, that is unfortunate, but again, no refunds are permitted. Ever.
The project schedule is how we keep our business moving forward. If you choose to halt the project temporarily or otherwise place the project on hold for any length of time for any reason, a continuation fee may be required, once the project resumes.
Please bear in mind that we work from a very lengthy waiting list, so please don’t commit to a project if you’re not 100% certain you are motivated and are willing to wait.
Copyright and Trademarks The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Delicious Design Studio for inclusion in the 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 and defend Delicious Design Studio from any claim or suit arising from the use of such elements.
Linkbacks The client agrees to have a small linkback to Delicious Design Studio placed on each of their web site pages. The client agrees not to remove this linkback unless images, text, content, design elements and code provided by Delicious Design Studio is removed.
If the client removes the linkback from their site and still uses the images and design created by Delicious Design Studio. We have the right to go into their server and replace the linkbacks or remove the images.
Web Site Maintenance Delicious Design Studio 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.
Completion Delicious Design Studio agrees to work with the customer to complete all design projects in a timely manner that is listed under Project Schedule. Delicious Design Studio will provide each client with a project completion date depending on the size, content and functionality requirements of the design project as well as availability of the designer. It is the client’s responsibility to provide content as requested in order to meet any completion time line. If the client does not provide the needed content prior to the agreed completion date, payment in full is still due the designer. Delicious Design Studio can not be held to a time line or be held responsible for damages to a business in regards to design project completion if Delicious Design Studio was not provided content. Should the client be unable to provide content in a timely manner Delicious Design Studio may, at our discretion, choose to reschedule the design project according to the designers availability. Delicious Design Studio reserves the right to terminate a relationship in which content was not provided in a timely manner. Should the client choose to reschedule the design project, there will be a 15% fee for each month the design project is in construction after the original project completion date. Once content has been made available to Delicious Design Studio and pages have been constructed with said content, content changes will be made at our current hourly rate. Once the design is installed and live, Delicious Design Studio is not responsible for any changes made to the design by the client, that will affect the overall look of the website. The website and or blog may be reinstalled for a fee.
Project Delivery & Payments Delicious Design Studio will be paid in full before delivery of the final product. Once full payment is received Delicious Design Studio will publish the design project on the client’s hosting service or blog.
Other Legal Stuff Delicious Design Studio will do the best to our ability to provide a design that meets the needs of our client as expressed to us by the client, and to guarantee our work error free. Some errors are nearly inevitable, and Delicious Design Studio agrees to correct any content/linking errors recognized in the design project for a term of seven days past completion. This includes typos, bad links, or viewing issues in current versions of Internet Explorer or Mozilla Firefox. This does not include replacing more than a paragraph of text, replacing images without typos or changing design or visual elements. Upon completion it is the client’s responsibility to identify any errors for Delicious Design Studio to correct. In no event will Delicious Design Studio be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website. We will in no way be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure. 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.
Delicious Design Studio retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.
This agreement becomes effective when the client provides the designer with the initial payment. The publication of the design project and submission to search engines if requested will only be made after the final payment is submitted. All payments will be made through Paypal.
Events Beyond the Control of Delicious Design Studio Delicious Design Studio will not be liable for breach of this agreement where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Delicious Design Studio.
(Also effective for Cuppycake Designs)
Premades (as of May 1st, 2008) May 1st 2008, Delicious Design Studio will start selling premade designs on their website. A premade design is an “as is” design, which means, there will be no customizations made to the design except for an added “title” to the logo. If the purchaser would like customizations made to the design, they will have to pay a maintenance fee, if Delicious Design honors their customizations. The premade designs can be sold multiple times as they are not custom designs.
