Terms of Service | vonda-site-2

All services provided by Cupcake Creative Studio, LLC are subject to the following terms and conditions. These policies have been put into place to protect both the client and Cupcake Creative Studio, LLC and are subject to change at any time. If you do not agree with any element of the Terms of Service, please do not contact me for a quote or for services.

By purchasing any service, you are agreeing to the Terms of Service as expressed below.

Quotes & Contracts*

Quotes provided will be honored for 30 days. A new quote will then be provided upon request. (Take note: Prices ares subject to change)

Waiting List

An initial, non-refundable 25% deposit is required to hold the client's place should a waiting list be in effect. If the client chooses to pay for the first half of the design to be added to the waiting list, please know that it is also non-refundable.

*Note - I try and email all of my waiting list clients periodically but sometimes only get a chance to correspond a few days before the design is to begin. I am happy to answer email if a client wants a status update or has any questions.

Bulk/Package Orders

Bulk orders must be paid for in full. The order cannot be staggered longer that 60 days. If all items in the order are not ordered by the 60 day deadline, the items will be lost and money forfieted. No refunds for bulk orders.

Authorization

The client is engaging Cupcake Creative Studio, LLC, a sole proprietor, as an independent contractor. The client hereby authorizes Cupcake Creative Studio, LLC to access any hosting or domain account for the sole purpose of installing and updating the web product. The client also authorizes the hosting service to provide Cupcake Creative Studio, LLC with complete access to the client's account and any other programs needed for this web design project as deemed necessary by the client/designer agreement.

Hourly Rate/Revisions

The client is allowed two (2) major rounds of revisions for their web design and (3) for graphic design. Major revisions include a completely new layout, new graphics, new features or functionality. Minor revisions are accepted throughout the design process (6 maximum). If you the client should go over this amount, a fee will be required. Hourly rates start at $45.00.

Website projects are limited to no more than 6 consecutive weeks. If the design process spans past this amount, an hourly charge of $45.00 per hour will be accessed. Graphic design projects are limited to 4 weeks.

Development

The design project will be developed using various commercial software products. While Cupcake Creative Studio, LLC will make every effort to design a fully functional website. The warranty does not cover AOL, text-based browsers or any other special effects that Cupcake Creative Studio, LLC may advise against. Any claims for defects, corrections, or glitches must be made within 14 days of the project being completed.

Completion

Cupcake Creative Studio, LLC works hard to complete all projects in a timely manner and will provide the client with an estimated time of delivery for the project . However, Cupcake Creative Studio, LLC cannot guarantee deadlines as each project is unique and so is each client. Cupcake Creative Studio, LLC will communicate with the client during the entire development of the project and provide them with status updates. If the client does not supply Cupcake Creative Studio, LLC with complete text and graphic content for this web design project within seven (7) days from the date requested, this contract becomes void and any deposits are forfeited. The client understands that if they do not respond to my request promptly, their project may be moved behind others and this may cause a delay in completion time.

Payment of Fees and Expenses

A nonrefundable deposit is due before the project is to begin. No design will begin until the payment is made. The client understands that before installation (of web pages), the remaining balance will be due. Upon receipt of final payment, the website design will be published to the client's hosting service /or designs will be forwarded. Final payments not recieved within 7 days of completion will be assessed additional fees of $45.00 per day. If the not paid within 10 days of completion, the project will be scrapped, artwork destroyed and all moneys paid will be forfeited. If client requires me to start the project again, payment upfront and in full will be required.

Note: The client will still be responsible for any work I did on the project and will be responsible for an fees incurred by Cupcake Creative Studio in collecting monies due.

If paying by check, the client agrees that the site WILL NOT be posted/ or designs WILL NOT be forwarded until payment is recieved and should the bank return payment for any reason, the client will be liable for any additional fees incurred by Cupcake Creative Studio, LLC and will be charged a $50.00 fee. In some cases, law enforcement may be contacted if payments are returned and not satisfied in a timely matter.

There are NO REFUNDS once payments for services is made. No exceptions.

Payment Agreements

If I agree to payment terms with you, regardless of whether or not you want to continue with the project, you are still liable for work I completed at your request. If you do not pay the amount due as agreed within 7 days of set payment date, your project will be scrapped and you will have to pay upfront and in full to restart the project. Any discounts that were given will be null and void.

Hosting (If required)

The first month's hosting service and 1 year of domain registration is paid for by Cupcake Creative Studio, LLC. Hosting is set up once the logo design is complete and the Coming Soon page is complete. The client understands that hosting services and domain registration after the first month are not included with the web design project. The client will be solely responsible for any and all hosting service and domain registration charges. Set up only applies to clients who choose Go Daddy as their hosting service.

Credit and Use of Products

All preliminary proofs including graphics, layouts, etc, which are not selected by the client remain the full property of Cupcake Creative Studio, LLC and may be used in future projects for other clients. (Does not include copyrighted graphics supplied by client.)

Please note: You are purchasing the final finished product (Jpeg, Gifs, Tiff, Eps, Pdf). The working files (Photoshop, Illustrator, etc.) belong to Cupcake Creative Studio. I do not release working files and they are not for sale.

Copyrights and Trademarks of other property

Copying images, text or design layouts from other sites is not condoned by Cupcake Creative Studio, LLC. Any text, images and products provided must be owned by the client and must have expressed written permission to use. Under NO circumstances will Cupcake Creative Studio, LLC be held liable for content provided by a client on a client website. The client will be responsible for paying any and all legal expenses that are a result of lawsuit against Cupcake Creative Studio, LLC for graphics, images and/or content which is provided by and used by the client.

Copyright to the finished assembled work of HTML, XMTHL and/or CSS produced by Cupcake Creative Studio, LLC is owned by Cupcake Creative Studio, LLC. The copyright must remain in tact and visible on the site. Under no circumstances shall a site be duplicated, sold or redistributed. The client may not alter or reuse the HTML, XHTML and/or CSS coding that is provided to without the direct written consent of Cucake Creative Studio, LLC. The logo and graphic design copyright is transferred to the client upon completion of the site and any print design services requested.

Prices and Fee Changes

Cupcake Creative Studio, LLC reserves the right to change pricing for services and fees at any time without notice.

Support

Lifetime email support is included with each design...once you are a client, you are always a client!

However, fees are incured if you want us to be webmaster/tech support for your site. (See services and fees)

Refunds

Cupcake Creative Studio, LLC does not provide refunds for web or graphic design services. This also includes any deposits paid for the waiting list for web design. The client must submit termination of services in writing. In the event of a cancellation of contract, ownership of all artwork, layouts and development remain the property of Cupcake Creative Studio, LLC and will NOT be transferred to the client.

Chargebacks

Cupcake Creative Studio, LLC will not negotiate chargebacks with any person or company. Charge backs are NEVER acceptable means of attaining a refund. To request a chargeback on your credit card for a valid transaction is considered fraud. Fraudulent credit card chargebacks will be aggressively prosecuted and reported to all major credit bureaus as a delinquent collection account. Should a chargeback be filed against Cupcake Creative Studio, LLC, we will not hesitate to proceed with collection and legal action to recover funds.

Non-Communication

If Cupcake Creative Studio, LLC is unable to communicate with a client on a project for a duration of ten (7) days by phone or email during the design and development process, the project will be canceled without prior notice and any monies paid will be forfeited to Cupcake Creative Studio, LLC.

Acceptance

Please note that by submitting your payment for my services or agreeing to payment terms, you are agreeing to all of the terms of service as written here. Cupcake Creative Studio, LLC reserves the right to change or update these terms at any time without prior notice.

Cupcake Creative Studio, LLC does not share any information you provide to us to any parties (public or private). You will receive an emailed receipt for your transaction.

If you have any questions about my Terms of Service, please email me. I am happy to help!

Cupcake Creative Design Studio