terms - ViVs Design


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 30 days to complete the retainer process and pay any invoices pertaining to start up costs. Failure to do so within 30 days will void 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. Quotations 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 with the Client, all website design 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 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 appearance and content of the website during the design phase and once the overall website development is completed. 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 will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon V.i.V.’s Design receiving initial payment, unless a delay is specifically requested by the Client and agreed by V.i.V.’s Design.

In return, the Client agrees to 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

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 online form.

Client Updates

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 are sent via email and must be paid online. All invoices need to be paid 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.

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.

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

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. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $5000, a fixed fee of $500 will be applied. The Client also 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,