The Terms of Service
of Graphically Innovative Designs

 

Web Design Terms and Conditions

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY SIGNING THIS AGREEMENT BELOW OR CONTINUING USE OF SERVICES THROUGH GRAPHICALLY INNOVATIVE DESIGNS, YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT SIGN THIS AGREEMENT OR CONTINUE USE OF SERVICES THROUGH GRAPHICALLY INNOVATIVE DESIGNS. GRAPHICALLY INNOVATIVE DESIGNS RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE. THE POLICIES BELOW STAND FOR ALL CUSTOMERS UNLESS OTHERWISE SPECIFIED IN A WRITTEN AND SIGNED CONTRACT.

Ownership of Website Design: Upon completion of a custom website design and payment of web design and development fees, the client is the owner of the website. For websites of clients who choose to use templates provided by Graphically Innovative Designs, the design belongs to Graphically Innovative Designs or the respective owner not the client unless otherwise noted. The client may continue to use the website to promote the client’s company or organization regardless of whether he/she chooses to continue further services with Graphically Innovative Designs. The client does not have the right to resell the design or development to other companies. The client does have the right to add pages onto the existing site or have another company add pages onto the existing site using the website design/development.

Ownership of Website Domain Name: Website domain names are leased from domain name registration companies. When Graphically Innovative Designs registers a domain name for a client, that registration will be made in the client’s name. Upon payment of any outstanding fees, the client has the right to use that domain name regardless of whether they choose to continue using Graphically Innovative Designs’ services. Domain name renewal and renewal fees are the responsibility of the client after services are stopped between both parties. If the client chooses to have Graphically Innovative Designs renew the domain name on behalf of the client, an additional service fee may apply. Clients are advised to closely monitor the renewal date of a registered domain name and to verify that the renewal of said domain name has been completed. Graphically Innovative Designs cannot be responsible for expired domain names.

Ownership, Copyrights and Trademarks: If the client provides artwork, graphics, or photos, Graphically Innovative Designs require that he/she has license, consent, or permission to use it. This means that it must be a royalty-free stock image or custom designed artwork where the original illustrator, photographer or artist has given permission to use their work on your site. It is up to each client to ensure his/her design and/or content does not infringe on any trademark, service mark, or copyright. This will apply to artwork Graphically Innovative Designs chooses. If the client cannot supply his/her own photos, Graphically Innovative Designs can provide stock photos for an additional charge. Once stock photos are purchased the client is bound by the terms of use and license agreement of the stock photo company. Graphically Innovative Designs cannot be responsible for intellectual property infringements on behalf of clients.

Responsibility of the Client: The client has to provide all content that will be used to create the website unless stated otherwise. Content includes text, copy, graphics, photos, etc. All materials involved with the website’s content should be given in a timely manner in order for the website to be completed on time by Graphically Innovative Designs. Failure to do so will result in an extended waiting period for the website to be completed.

If Graphically Innovative Designs is waiting for content or other pieces of information, the client will be notified. If the client fails to handle the requests in a timely manner, the website may be delayed. If more than 60 days from the website design and build has passed, and the client still has not submitted the remaining missing content, Graphically Innovative Designs reserves the right to consider the project complete in its entirety and bill for all future work.

Content Submission: All content must be submitted via email. Both text and photos/graphics must be clearly labeled with the name of the page on which it will be displayed. Content may be submitted via fax or paper copies for an extra typing fee. Exceptions to this policy must be approved in advance and will incur a surcharge.

How Much Content May Be Permitted Per Page: Due to web page load time considerations and the flat rate charged for web pages, there is a limit on what can be included on a single web page. A web page can hold about 2 and ½ pages of the content that would typically fit on an 8 ½” x 11” piece of paper. If the content is all text without any pictures, tables, graphs, etc., this equates to a maximum of 2000 words. If there are pictures, or tables, etc., then less text will fit. Additionally, a web page may include up to a maximum of five photos on a page. A photo gallery page with limited text may contain up to ten photos. If the client’s content does not fit within these parameters, one or more additional web pages should be purchased.

Website Maintenance: Graphically Innovative Designs offers maintenance packages after the completion of any website design or redesign. Maintenance fees are charged at the current hourly rate or the respective price. All maintenance payments must be received prior to any work completed.

Website Design Revisions: Graphically Innovative Designs takes pride in providing attractive designs, and the vast majority of our clients are extremely pleased with the design we create for them. However, design is a subjective art, and not everyone’s tastes are the same. While we will gladly make initial minor modifications for no additional charge, it is important to be clear on how revisions to the look of a website design are handled. The Quote and Website Design Questionnaire is the contract which describes the look a commissioned web design project will achieve. Design preferences should be specified at that time, prior to the commencement of any design work. If any design preference stated in those documents was not met, the adjustments will be made free of charge. If the client develops preferences or changes his/her mind after the completion of the work, adjustments will be made by the hour at the current design rate.

Secondary Page Design: Unless otherwise specified in the design contract, secondary pages (meaning pages other than the home page) of any website will use the same design as the home page. Mock-ups are not provided for sub pages. Formatting requests for secondary pages will be considered but will not be guaranteed. If the client requires specific looks or formatting for secondary pages, this request should be made at the time of the initial contract and may incur additional fees.

How Website Maintenance Requests Are Handled: Clients who have signed up for a maintenance plan receive discounts off the web designer’s hourly rates for website updates. Clients on a Graphically Innovative Designs web maintenance plan may send update requests via email (contact us for the correct email address). Routine maintenance which fits into the allotted time specified in the client’s maintenance plan is typically completed in about three to five business days. If a client on a website maintenance plan requests more than the scheduled amount of maintenance, he/she will be given a quote and, if approved, the additional work will be completed at the current rate of $35.00 and the turnaround time will be based on workload. Clients who are not on any maintenance plan may request website updates at the full $40.00 hourly rate and the turnaround time will be based on workload issues. Monthly maintenance plan fees are separate from hosting fees and may be cancelled at any time. (See details under the Termination of Services section.)

Technical Support: In rare cases when there is a website hosting outage, clients should leave a voicemail message if other contact methods are exhusted. Please note, technical support cannot be provided for clients’ individual computer issues or for third party products or services.

Payments: One-half of the initial website design and development fees are due upon project initiation. Smaller payments are processed during the project. And upon project completion, the remaining balance is due in full before the website is launched. Once the remaining balance is paid in full, the completed website will will go live. At that time, Graphically Innovative Designs will also register the client’s website with Google, Yahoo, and Bing search engines, if applicable. Payment for monthly services such as Hosting and Maintenance are due within net 20. Graphically Innovative Designs charges a late fee of 10% of the total outstanding balance for invoices not paid by the end of the calendar month (net 25). Accounts at net 60 are at risk of termination. Clients experiencing financial hardship should contact Graphically Innovative Designs to discuss payment options.

Shipping: If for some reason the client needs his/her files mailed or delivered, he/she will be responsible for all shipping costs involved with each job.

Basic Search Engine Optimization (SEO) Guarantee: Everyone wants to have their business website rank high in search engine results for selected keywords, yet search engine results are determined by a multitude of constantly changing factors, third party search engines, and the amount and quality of competition on the internet. Graphically Innovative Designs guarantees to use basic search engine friendly techniques for every custom website design. Basic SEO includes techniques such as keywords in the title bar at the top of the browser, the meta tags in the hidden coding behind the scenes, and alternate text behind some images. If the keyword placement in these three areas is not to the client’s liking, Graphically Innovative Designs will change these three items to the client’s choices one time for free. Subsequent or additional changes will be billed at the standard hourly rate. Graphically Innovative Designs cannot be held responsible for search engine results.

Quality Guarantee: Graphically Innovative Designs takes pride in providing high quality design services and professional customer service. Though a great effort is put forth to ensure that every aspect of services is to the client’s liking, every variable can not be controlled. It is up to each client to regularly test the functionality of his/her website, email, and any other product or service to ensure everything works as desired. If any problem is discovered or error has been made, please report the problem immediately so Graphically Innovative Designs may take appropriate action. Graphically Innovative Designs cannot be responsible for perceived loss of revenue under any circumstances. Content changes resulting from a client’s error and/or problems related to third party vendors or technology, such as hosting servers or browser software may result in additional charges.

Third Party Vendors: Third party vendors may have separate terms of service agreements. Graphically Innovative Designs cannot be held liable for disputes with third party vendors. Graphically Innovative Designs cannot be held responsible for lack of functionality or any other aspect of third party services.

Project Ownership: Ownership of final artwork designed by Graphically Innovative Designs on behalf of the client will be transferred to the client upon final payment, unless otherwise specified. Copyright on all graphics, photos, etc remains the property of Graphically Innovative Designs or its otherwise respective owner. All graphics, illustrations, and layouts are intended to be kept whole as given to you. All work done by Graphically Innovative Designs may not be used by anyone else but the specified client. All preliminary mock-ups, proofs, and/or design concepts to include graphics, layouts, etc., which are not selected by the client remain the full property of Graphically Innovative Designs and may be used in future projects for other clients.

Cancellations: If the client cancels an order during any time of the design process, any amounts paid are not refundable. If the client changes his/her mind about doing work with Graphically Innovative Designs during the course of the initial web design or development phase, the client will be responsible for the amount of work already completed. In order to protect clients from unintentional service interruption, clients wishing to terminate any services must request the service termination in writing.

Copy Protection: The client must protect all final artwork and/or layout against duplication and alteration. The client must protect all final artwork and/or layout against duplication and alteration.

Claims Period: Any claims for defects, damages or errors must be made by the client in writing within 5 days after project delivery. Failure to make such a claim within the stated period of time shall constitute acceptance of the project as delivered and any subsequent requests for changes will be charged at our normal hourly rate.

Portfolio Display: Graphically Innovative Designs reserves the right to display or not to display a screenshot of all designs created in our portfolio for promotional and advertisement purposes.

Back Linking: The client agrees that the credit text and link (in footer or sidebar of each design) will remain intact for as long as the purchased design from Graphically Innovative Designs is in use on your website. Should a design have elements from a third-party, credits are provided in the design footer or sidebar if required as well.

Confidentiality: All correspondence and documents provided will be treated as confidential between the client and Graphically Innovative Designs,unless consent has been granted by both parties involved.

Limitation of Liability: Graphically Innovative Designs shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of Graphically Innovative Designs (floods, earthquakes, personal tragedy). If such event(s) occur, it shall entitle Graphically Innovative Designs to extend the completion/delivery date.

Termination of Services/Contracts: In cases where Graphically Innovative Designs cannot fulfill a contract and/or cannot complete a project, Graphically Innovative Designs is to be held liable only for the payments received from the client. The client would then receive only what he/she has paid for in full, partial, or no refund and nothing more beyond that point.

In cases where the client terminates a contract or stops receiving services from Graphically Innovative Designs, the client is liable to pay for any services already performed or in use.

Refusal of Service: Graphically Innovative Designs reserves the right to decline to do business with any client for any reason.

Contracts: Even if a paragraph is void in a contract, that does not mean that the whole contract is void.

Changes to Terms and Conditions: Graphically Innovative Designs reserves the right to change these terms of service at any time for any reason.

 

Print Design Services

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY SIGNING THIS AGREEMENT BELOW OR CONTINUING USE OF SERVICES THROUGH GRAPHICALLY INNOVATIVE DESIGNS YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT SIGN THIS AGREEMENT OR CONTINUE USE OF SERVICES THROUGH GRAPHICALLY INNOVATIVE DESIGNS. GRAPHICALLY INNOVATIVE DESIGNS RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE. THE POLICIES BELOW STAND FOR ALL CUSTOMERS UNLESS OTHERWISE SPECIFIED IN A WRITTEN AND SIGNED CONTRACT.

Payments: A down payment of at least half of the estimated total amount needs to be received before proceeding with the design process. Smaller portioned payment arrangements can be negotiated for clients upon request. Printed materials are transferred to the client once all payments have been received and the job/order is paid in full. Down payments are NON-REFUNDABLE. All payments must be in US Dollars ($US) and made through check, credit card (Visa, MasterCard or American Express) or PayPal.

Proofs: Each client is provided two proofs per job item. All other proofs will be an added fee and charged to the ending bill. Proofs need to be thoroughly reviewed by the client prior to submitting it with an “OK to Print”. Graphically Innovative Designs will not accept changes to proofs that have been approved. We apologize for any inconvenience this may cause. The client is fully responsible for the final proof and layout approval prior to the printing process. Graphically Innovative Designs is NOT LIABLE for errors in a final product caused by any of the following reasons: misspellings, graphics supplied by client, grammar, and/or punctuation. Client shall incur the cost of correcting such errors. We DO NOT make any changes to customer files.

Shipping: The client will be responsible for all shipping costs involved with each job.

Copyrights and Trademarks: If the client provides artwork, graphics, or photos, we require that you have license to use it. This means that it must be a royalty-free stock image or custom designed artwork where the original illustrator, photographer or artist has given permission to use their work on your site. This will apply to artwork Graphically Innovative Designs chooses.

Color Matching: Graphically Innovative Designs is not liable for color matching on screen proofs approved by the client. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color. Electronic proofs do not show transparency and overprint issues neither do they show color change from RGB to CMYK. If the client has a specific color request, the client should request a hard copy color proof. The client will be held responsible for all costs related to a hard copy color proof.

Claims Period: Any claims for defects or damages must be made by the client in writing within 5 days after project delivery. Failure to make such a claim within the stated period of time shall constitute acceptance of the project as delivered and any subsequent requests for changes will be charged at our normal hourly rate.

Project Ownership: Ownership of final artwork designed by Graphically Innovative Designs on behalf of the client will be transferred to the client upon final payment, unless otherwise specified. Copyright on all graphics, photos, etc remains the property of Graphically Innovative Designs or its otherwise respective owner. All graphics, illustrations, and layouts are intended to be kept whole as given to you. All work done by Graphically Innovative Designs may not be used by anyone else but the specified client. All preliminary mock-ups, proofs, and/or design concepts to include graphics, layouts, etc., which are not selected by the client remain the full property of Graphically Innovative Designs and may be used in future projects for other clients.

Copy Protection: The client must protect all final artwork and/or layout against duplication and alteration. The client must protect all final artwork and/or layout against duplication and alteration.

Cancellations: If the client cancels an order during any time of the design process, any amounts paid are not refundable.

Confidentiality: All correspondence and documents provided will be treated as confidential between the client and Graphically Innovative Designs, unless consent has been granted by both parties involved.

Limitation of Liability: Graphically Innovative Designs shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of Graphically Innovative Designs. If such event(s) occur, it shall entitle Graphically Innovative Designs to extend the completion/delivery date, by the time equivalent to the period of such delay.