terms - ViVs Design

terms

 

V.i.V.’s Design Terms & Conditions

The following terms and conditions are applicable to all website and interactive media development / design services provided by V.i.V.’s Design to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Scope Statement – All scope statements are valid for 30 days from the date they sent to the client. If scope statements are not signed within the 30 days a new scope statement has to be done and can be subject to price increases if prices have changed during that time.

Once a scope statement has been signed the client has 15 days to complete the retainer process and pay any invoices pertaining to start up costs. Failure to do so within 30 days will cancel out the project.

2. Charges

Charges for services to be provided by V.i.V.’s Design are defined in the project quotation that the Client receives via e-mail. Quotes are valid for a period of 30 days. V.i.V.’s Design reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise within the scope statement the following applies to all clients – all services require an advance payment of a minimum of thirty-three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty-three (33) percent is required after the development stage, with the remaining thirty-three (34) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services are due by credit card or e-check, or using trade dollars within 10 days of receipt which can be paid securely online. Details will be made available on invoices.

3. Client Review

V.i.V.’s Design will provide the Client with an opportunity to review the project and provide documented approvals/rejections throughout the project.  At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies V.i.V.’s Design otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

V.i.V.’s Design tries it’s best to complete all projects in a timely manner. Upon your initial project scope we provide you with a general verbal turn around time. Once our project scope is written and you have access to our client portal you will see assign dates and due dates. These dates are contingent upon how fast we can get the needed information. We undertand that you are busy and have a lot of other things to worry about. However, more often than not we run into situations where a client doesn’t complete a phase, task, or process and it results in major delays.

Please keep in mind that you may not like or agree with our work process. And we understand that, however, keep in mind our process is in place not to frustrate you but becuase we are profesionals in our field and this is the most efficent way for us to handle and complete your project.

For example: We’ve had people say they will not pay us online and only will write a check.

Our response is that they may want to take their services elsewhere. Why? Because, you wouldn’t tell Walmart or any other Major company how you will provide them with payment now would you? No, then please don’t do it to us. While we may not be a major company we are established and have our own practices that we follow.

We also would not expect you to change how your processess or ask you to change how you run your business to accomodate how “we think” it should work. Much of our work depends on efficent communication. Phone calls, detailed emails, and constant back and forth takes us away from being able to work on your project and and ultimately delays its completion. 

Please be respectful of our time. As we are of yours. It is simly unrealistic for us to meet everytime you’d like to discuss changes, stop and make phone calls, or type out lenghty emails.

We also ask that you carefully read the information we send via email and your client portal. Nine times out of Ten we have already answered or sent you information on the question you are asking. We are a digital company and therefore we do not operate a lot in person or through traditional methods. While we realise that face-to-face and other traditional ways of commuincation and conducting business is prefered by a few. We cannot accomodate the minority. Remember you are coming to us, for help with your digital presence. Therefore, it really is counter intuitive for you to keep doing things that are comfortable and familiar to you.   

Therefore, it is imparative that you use our Client Portal for project communications. Failure to do so will result in your proejct taking longer.

Please delegate a single individual as a primary contact to aid V.i.V.’s Design with progressing the commission in a satisfactory and expedient manner.

During the project, V.i.V.’s Design will require the Client to provide website content; text, images, movies and sound files. We follow the deliverables schedule as outlined in the project scope and how they are listed within the client portal. We will not move forward to the next deliverable task until the prior one has been completed by V.i.V.’s Design or the Client.

5. Failure to provide required website content:

V.i.V.’s Design is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.

If content, email responses, or any other communication is not able to be done for within 30days from initial contact we will close out a project.

Therefore, we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% or cancel the project. If your project involves Search Engine Optimization we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content needs to be delivered through the use of our client portal hosted by SmartSheet.

Please do not email or send us a bunch of documents with attachments since these are too hard to keep track of and many times emails are not delivered due to file sizes being too large. By using our online form we can ensure that attachments and all page requirements are included at once.

Content Management

V.i.V.’s Design does not provide website updates or content management services unless specified by a service contract. We do however, provide Content Management System Solutions (CMS) such as WordPress, other 3rd party solutions, free and/or licensed plugins that can extend a website’s functionality or provide Clients with the ability to update/format media as needed. 

We are not responsible for any errors, updates or changes from WordPress.org, 3rd party software, or from the plugins used. We do not provide any free ongoing maintenance, backups or updates to media.

6. Payment

Invoices will be provided by V.i.V.’s Design upon completion but before publishing the live website. Invoices and notices are sent via email and must be paid online. All invoices and notices to pay need to be taken care of within 10 days of receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or $30 per month of the total amount due.

This applies to partial payments as well. All payments for deliverables need to be received before any more work will be performed. It is the clients responsibilty whether through invoice or transfering funds via trade to handle all payments. If a trade transfer is initiated on our end we will up-charge 10%. We expect that clients will simply pay what they owe and not force us to become bill collectors.

Refunds –  We do not offer refunds. Much like a house once we begin work or do work there is no way for us to remove the work we’ve already done. For example, when a house is being built you can’t tell the contractor that you want your money back because you don’t like how the foundation looks or how the house was framed. The money has already been put into the materials and the labor that it cost to do the work. All that a contractor can do if he is at fault is fix the mistake at no additional costs or make it up to the customer some how.  

While we strive to do whatever we can to satisfy our clients needs and wishes within reason. Should it ever occur that a client is not happy with services they are receiving they are able to cancel and terminiate their contact provided they give us a written notice. In addition, if services are not to the clients satisfaction we ask that the grievance be brought to our attention so that we can address it professionally and promtly. 

Many times in our industry clients “think” they should have receieved or are owed something when in actuallity it was a missunderstaning on their part. However, in our culture of instant reviews and ratings before it is ever brought to the attention for a company to fix. Reviews are posted, social media blast are sent, and ratings take a hit. While we full hearteldy will take responsibility for any mistakes and try to right any wrongs. We can only do that if we are told that there was a problem to begin with.  Please give us the curtesy and chance to fix anything first before you resort to bashing. 

7. Additional Expenses

Client agrees to reimburse V.i.V.’s Design for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, required plugins to connect API’s, stock photography etc.

8. Web Browsers

V.i.V.’s Design creates responsive media. We make every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that V.i.V.’s Design cannot guarantee correct functionality with all browser software across different operating systems. We no longer offer support or test in Microsoft Internet Explorer.

V.i.V.’s Design cannot accept responsibility for web pages and/or interactive media which does not display acceptably in new versions of browsers released after the work has been designed and handed over to the Client. As such, V.i.V.’s Design reserves the right to quote for any work involved in changing the website design, interactive media, or website code for it to work with updated browser software.

Web Compliance

We also cannot guarantee that your website will be compliant with all current web standards. We will do our best to follow web compliance standards as suited for the Clients project.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on V.i.V.’s Design‘s Web space, we will remove all such material from its web space. V.i.V.’s Design is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Checks returned for insufficient funds will be assessed a return charge of $35 and the Client’s account will immediately be in default until full payment is received. Clients with accounts in default agree to pay V.i.V.’s Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by V.i.V.’s Design in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity

All V.i.V.’s Design services may be used for lawful purposes only. You agree to indemnify and hold V.i.V.’s Design harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants V.i.V.’s Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting V.i.V.’s Design permission and rights for use of the same and agrees to indemnify and hold harmless V.i.V.’s Design from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website and/or interactive media design and/or placement shall be regarded as a guarantee by the Client to V.i.V.’s Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

When your final payment has cleared, copyright is retained as follows:

The Client will own the final website files such as HTML, CSS, JPG and any other files that make up the media online. You are responsible for backing up the files, as V.i.V.’s Design is not required to keep a copy. Clients do not have permission to resell or redistribute files created by V.i.V.’s Design, even if they are modified in any way.

V.i.V.’s Design owns the unique combination of all the design elements that constitutes a complete project and will license that to the Client exclusively and in perpetuity for that project only. Source files will not be released that were used to create any website/interactive project, such as Photoshop, Captivate, or Illustrator files.

You may not remove the “designed or developed by V.i.V.’s Design” unless you have paid for exclusive rights to your website. See DESIGN CREDIT below.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (text files delivered via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by V.i.V.’s Design to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

14. Design Credit

For all Basic websites that are theme/template based a link to V.i.V.’s Design will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. Design credit can NOT be removed from theme/template based websites. We specifically purchase 3rd party themes/templates using a commercial license that is registered to V.i.V.’s Design. Removing the line of credit puts you in copyright violation. We will proceed with copyright infringement charges upon noticing the violation. When you choose a theme that we customize for you, you essentially are “leasing” the theme from us. If at a later date you decide to no longer use the theme you can have a developer simply uninstal the theme.

If you ware wanting the develper to make changes or customize the theme – you or the developer will need to contact V.i.V.’s Design and request a transfer of theme ownership. We charge  300 to transfer theme ownership. You or your developer will then be responsible for renewing the theme license each year and paying the yearly fee associated with holding a yearly license. Depending on your theme the yearly price will vary by vendor.

Custom Designed websites are the only ones that can have the design credit removed. If a client requests that the design credit be removed, from a custom designed site V.i.V.’s Design charges a copyright release fee of 75% of the total development charges will be applied. However, the Client still agrees that the website developed for the Client may be presented in V.i.V.’s Design portfolio.

Attribution &  Third Party Licenses

In some projects, the use of open source, general public license, freeware scripts, codes or files that may require attribution in the source code. Although the Client owns the final media files, as long as those scripts are in place, attribution is not to be removed.

In some projects, the use of third party scripts, codes or files that require a license may be used. These licenses are generally done by project or domain, which means you cannot utilize any licensed material for any other project or domain other than the one used for your website. If additional licenses are needed, V.i.V.’s Design will need to create a separate proposal.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, V.i.V.’s Design must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

In order to install, activate, or integrate any third-party software, plugins, or scripts we will also need specific access and information in order to complete the task. V.i.V.’s Design is not responsible or liable for any data security, sale problems or issues resulting from the use of third-party software, code, or plugins.

16. Post-Placement Alteration

V.i.V.’s Design cannot accept responsibility for any alterations caused by a third party occurring to the Client’s media once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names & Web Hosting

V.i.V.’s Design may purchase domain names & web hosting on behalf of the Client. Payment and renewal of those domain names  & web hosting is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of V.i.V.’s Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

If Clients have their own domain and/or web host it will be the clients responsibility to provide us with access to the hosting server for the purpose of installing, updating and uploading files. We will not be responsible for providing any technical support on hosting servers or domain name registrars. If a client decides to move from one hosting provider to another or transfer domain names, it is not guaranteed that all files will work accordingly and V.i.V.’s Design will not be responsible for backing up, resolving email issues, or transferring any content.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Changes, Revisions, and Media Maintenance

Changes and revisions are done throughout the design process. Once the project is completed, any additional changes or maintenance will have added cost. Projects are considered complete once V.i.V.’s Design finished our commitment of the work. Work is complete even if the Client decides to postpone the launch of project or if  there is a delay in providing us with text, images or any content necessary  to prepare final files for a project.

V.i.V.’s Design will fix any glitches or issues related to website design at no extra cost if they are reported within 15 days from the website being completed. Any fixes requested after the 15 days will have an added cost. We do not provide any free ongoing website maintenance, backups or updates.V.i.V.’s Design is not responsible for any updates the client does after the website is completed.

Website software updates have an added cost. WordPress, theme or plugin updates are rolled out by each third-party vendor at their own discretion. Updates may include new features, compatibility changes, glitch fixes, security patches, etc. V.i.V.’s Design is not responsible for monitoring your website for any updates. The only time we check that all your website software is up to date is when we are hired to perform a theme update or if you have purchased any of our annual maintenance plans.

20. Governing Law

This Agreement shall be governed by United States Texas Law.

21. Liability

V.i.V.’s Design hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of V.i.V.’s Design to the Client in respect of any claim whatsoever or breach of this Agreement, if arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

22. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,