TERMS OF SERVICE
Below you will find a general description of my current terms of service. These terms are devised to protect both you as the client and myself as the designer. They ensure that you get what you pay for and that I am fairly compensated for time and labor I invest in your project. If you have a question about anything in these terms, please don’t hesitate to contact me!
By submitting payment and agreeing to services, you hereby agree to the following terms. I reserve the right to alter these terms at any time and without notice.
Design: Payment on all design services is due in full for any services under $250, for services over $250, a 50% deposit is due. Deposits are non-refundable unless I am rendered incapable of providing you your product or services (see below). On projects with a remaining balance, payment is requested within 72 hours of completion. If payment is not received within 72 hours, a late fee of $25 may be assessed. No materials will be released until payment has been made in full. If you feel you may have trouble making your final payment please communicate with me on it ahead of time so I can work with you on your situation.
Labor: Payment on coding, labor, and maintenance services is due in full before the start of work. Any time based/hourly billed services will be estimated and billed before the start of work and are non-refundable as well.
Paypal is accepted for all projects. Paypal allows for payments via credit or debit card if you do not have a Paypal account. If you cannot pay with Paypal for any reason, please notify me at that time, and if I am able, I will attempt to work with you on an alternative payment method depending on your particular project. NiteFlirt payments may be accepted, however, a 30% fee will be added to the total cost of your design to cover NiteFlirt fees.
Design: When given a design project I will always do my best to provide you with the most accurate time estimate I can. However, please bear in mind that design is not an exact science and that the amount of time it takes to complete your project will also depend on you providing me with all necessary materials to begin and complete your project, timely response to my questions and communications, and changes we may discuss. On occasion, life factors may interfere and you will be communicated with openly and in a timely manner about these if they should arise. Small projects are generally completed within a 1-week time
Should you add services or your design needs change at any time, bear in mind that it will affect your completion time and/or your initial quote.
Labor: Labor projects, such as coding, repair, maintenance, and training, etc, will be scheduled and completed on a case by case basis. On-demand services, such as training, repair, and coding will be scheduled and/or estimated within 24 hours of payment being received. Ongoing services, such as monthly maintenance, may be discussed before payment is received. Emergency labor is available but may involve a rush fee to compensate for personal plans I may have to change to accommodate your request.
Communication is essential for any project or design service. I will always do my best to be available to you as often as needed and respond to you as quickly as possible, however, I also ask that you do your best to communicate effectively with me. Completing your project or service effectively is directly dependent upon having all the necessary information and materials from you, and having them in a timely manner.
Design: Email is always preferred for design projects as it is the best way to have complete written reference to all details and information about your project. It not only allows me to work more effectively for you by having all of your information in one place, but allows you to have a written record of all communications as well so there is no confusion on what we may have discussed. Phone communication on design is not preferred, as it is not as effective for keeping a record of our communication and can also lead to miscommunications if we remember what we discussed differently. Scheduling phone consultations can also be difficult due to family life and my current workload.
Labor: For coding, design, maintenance, etc, email communication is often preferred,
Your Design: After your design is completed and paid in full, you have the right to use it as you see fit. You do not need to ask my permission to use portions of it elsewhere. Once it is paid in full and delivered to you, you have the right to use it to it as well as all liability regarding its use. I am not liable for the theft or any misuse of your materials once they have been transferred to you.
Portfolio: I reserve the right to use any design created by me in my portfolio unless an agreement otherwise has been made between myself and the client before completion of the project. If you do not wish your design to be included in my portfolio, a separate fee may be required to compensate for my giving up my right to share my work.
Images: All images purchased and acquired by
Design Information and Materials: Clients are responsible for having all necessary initial materials and information to complete their project available within no more than 7 days of placing
Design Communication: Clients are responsible for communicating their needs in a clear, organized, and timely fashion. I do my best to ask nothing of my client’s that I cannot provide myself, and therefore I do my best to be understanding when you cannot always reply right away. I do ask however that you reply to questions and information/material requests within 3 business days. Communications need to be clear and organized so that there is no confusion as to your needs or unnecessary delays in attempting to understand them. Questions and project discussion are never discouraged, so feel free to ask as much as you’d like. I only ask that you do so in an efficient manner.
Design Issues and Termination
Client Concerns: If you feel there is an issue with your design during the design process, it is your responsibility as the client to communicate that with me and seek resolution. I cannot fix what I do not know may be wrong. If you fail to communicate your concerns I cannot be held liable any issues arising related to said concerns. I will do my best to assure your satisfaction with each and every project.
Designer concerns: I will attempt to communicate any concerns and needs with you and resolve them to the best of my ability. If I feel you are unwilling to communicate or unresponsive, I reserve the right to terminate the
Issues with the design or errors: After completion, any and all errors will be fixed at no expense to the client whatsoever so long as they were there were present in the product given to the client.
I reserve the right to suspend or terminate a project under any of the following circumstances:
- A client has not provided the materials or information necessary to start their project within 7 days of deposit.
- A client fails to respond to communications or is unresponsive after several attempts are made.
- A client is rude or threatening.
- A client is causing repeated delays of the project.
- I feel there is an ethical or legal violation in working with the client.
Deposits are non-refundable unless I am rendered incapable of completing your project due to personal issues (family, health, etc). This ensures that I am fairly compensated for the time and labor I put into your project. Even if you decide to cancel your project, I still need to be compensated for my work – just like any other contractor. if I need to cancel the project for personal reasons, I will communicate with you to reschedule or potentially issue a full or partial refund or other compensation for the inconvenience.
Once a deposit has been submitted, work will begin on your project. Your deposit ensures that I am compensated for that time and labor even if you cancel or are unable to pay your balance. If you are unhappy for any reason, all attempts will be made to provide you with a product and/or services that you will be pleased
Labor Issues and Termination
Issues and Errors: In the
Termination: I reserve the right to terminate labor services under any of the following circumstances:
- You are not present at the agreed upon the agreed upon time for services on more than one occasion.
- You do not provide the necessary information and/or materials required to complete your project by the scheduled time and/or after multiple requests.
- You are uncommunicative or unresponsive and make it to where I am unable to perform the required service.
- I feel there is an ethical or legal violation within your site, materials, or the service being asked to perform.
- I find that there is an unforeseeable issue (such as compatibility with your host or among programs) that makes it impossible to perform said services or labor.
In the event labor has not yet begun, and we find I am unable to perform your services due to personal or scheduling reasons, and rescheduling is not an option, a full refund may be assessed.
In the event that labor has not yet begun, and I find I am unable to perform your services due to lack of materials, communication, or client presence, a 50% refund will be assessed. 50% will be held as a time lost fee to compensate for the time invested in preparation and attempting to work with you that could have been devoted to other clients. All reasonable attempts will be made to avoid this situation.
In the event that labor has begun and an issue arises, such as an incompatibility issue or an ethical issue, you will be notified immediately and your options will be discussed.
In situations where labor has begun and no issues were encountered, refunds are not available, as labor itself is non-refundable. If at all possible, I will attempt to work with you to resolve whatever issue may be preventing completion and or compensate you with additional time to work out the issue. Cases will be handled on an individual basis and at my discretion.
Your personal, financial, character or other identifiable information will never be disclosed to other parties without your express consent. I reserve the right to display your design with your character and/or site name on my portfolio, however, I will never disclose your identity or other characters or associations you may have.
Please note, I do not directly access client Niteflirt accounts, as they hold personal identity information and access to funds and financial institution information. Therefore I hold this access in the same regard
Get In Touch
Let's Work Together!
Please feel free to email me about a quote or any questions you may have. I'm happy to take time with you to ensure that I am the right designer for you and that I can meet your needs and expectations.
Please note that I try my best to respond to all inquiries within 2 business days. During especially busy times though it may take me a tad longer. Don't worry, that doesn't mean I forgot about you, but feel free to send an additional email if you like.