THE FINE PRINT
Payments & Invoicing: Client shall pay all invoices upon receipt, with 2% monthly changed after 30 days. Please pay any down payments and instalment payments by Interac email money transfer, or check (payable to Emily Bell). Hosting/Care Plans will be invoiced with PayPal or Square for Credit Card processing, with a “save card on file” option for secure recurring payments.
Timeframe: The Designer will use commercially reasonable efforts to perform the Services. Designer’s delivery timeframe depends upon the Client’s prompt response to any questions or requests for Client materials.
Testing & Acceptance: The Designer shall use commercially reasonable efforts to test Deliverables before providing them to the Client. The Designer will test the HTML and CSS in current versions of Safari, Chrome, Firefox, and Internet Explorer. The Designer will not test websites in older browsers, unless specifically requested. Programming includes a 30-day warranty from final delivery to report any bugs that need to be resolved. After 30 days any site additions, troubleshooting or fixes taking more than 20 minutes will be estimated and billed at our hourly rate of $90.
Client Responsibilities: The Client shall promptly review all deliverables, and must notify the Designer of any failure to conform to the project scope within 5 business days of receipt. If Designer does not receive a timely notification, the Deliverable will be deemed accepted. The Client’s notification must clearly identify the problems with the Deliverable. Client must provide Client Content in a form suitable for reproduction or incorporation into the Deliverables and proofread deliverables before providing and before approving to launch or print. Revisions and author’s alterations not due to the fault of the Designer will be billed separately.
Designer Portfolio: Designer may display the Deliverables in the Designer’s portfolios and websites, and in galleries, design periodicals and other exhibits for the purposes of professional recognition. Likewise, the Designer may publicly describe its role in the Project.
Preliminary Works: Designer retains the rights to all Preliminary Works that are not incorporated into a Final Deliverable.
Client Representations: Client owns sufficient right, title, and interest in the Client Content to permit Designer’s use of the Client Content in performing the Services, Designer’s use of the Client Content will not infringe the rights of any third party, Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and Client shall comply with all laws and regulations governing the Services and Deliverables.
Designer Representations: The Final Deliverables will be the Designer’s original creative work, except that Designer may incorporate Client Content, work from its Designer Agents and third party material (for example, stock photos, or Software as a Service). To the best of Designer’s knowledge, the final Deliverables will not infringe upon the IP rights of any third party. However, Designer will not be conducting any type of IP clearance search (for example, Designer will not be conducting a copyright, trademark, patent or design patent clearance search).
Limitation of Liability: The services and the work product of the Designer are sold “as is” and the Designer makes no warranties whatsoever. In all circumstances, the Designer’s maximum liability to Client for damages for any and all causes whatsoever, and Client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to Designer’s net profit. In no event shall Designer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Designer, even if Designer has been advised of the possibility of such damages. Tree Chic Design declares that that any software used are not from pirated sources and are all legal.
Termination by Client: If Client uses discretionary termination, then Designer will retain all payments already made as of the notification date, and Client shall pay Designer (a) for all expenses incurred as of the date of notification of termination, (b) an early termination fee equal to 15% of the total project fee, and (c) No IP rights will be transferred.
IP Assignment: Upon completion of the Services and full payment of all invoices, the Designer shall assign IP rights to the Client. These IP rights include all ownership rights, including any copyrights, in any artwork, designs and software created by the Designer and incorporated into a Final Deliverable, except as otherwise noted.
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