Terms of Service for Website Design Services

The Terms of Service for Website Design set forth in the paragraphs below will serve as the contract standard for the website design service provided by (“Creative Marketing Solutions”). In the event of any conflict or any inconsistency between any contract submitted by (“Creative Marketing Solutions”) and these Terms of Service—the terms found within this document shall take precedence.

A business relationship is entered into by the signing of proposed website design contract or by payment in lieu of signature between (“Creative Marketing Solutions”) and you (“the client”) and indicates an agreement for all the proposed stipulations found in the proposed website design contract and these Terms of Service for Website Design.

Confidentiality Policy

“Confidential Information” shall mean all confidential or information shared in writing or orally between (“Creative Marketing Solutions”) and you (“the client”) and includes, but not necessary limited to, the written content found in the proposed website design contract or any other marketing materials provided by (“Creative Marketing Solutions”),

Each party agree to hold the other’s confidential information in confidence and not disclose it with party not included or referenced within the website design contract. In the event you (“the client”) shares (“Creative Marketing Solutions”) confidential information with anyone—may be subject to legal resource taken against them.

Communication Policy

 

(“Creative Marketing Solutions”) business hours are Monday through Friday. 8:00 AM to 4:00 PM (CST); excluding all legal holidays.

 

Phone Conference: At our discretion, we reserve the right to submit an additional bill at the end of the project for any phone conference that was requested by you (“the client”) during the designing process of the website at the rate of $40/hour.

 

In Person: Local meetings with (“client”), after the signing of the proposed website contract, will be at the rate of $40 (including time for transportation to meeting).

 

Email Communication: Email is the preferred method of communications regarding the website design project. Emails will only be replied to during our business hours.

Website Design Process

All website are designed in (“Creative Marketing Solutions”) wix.com account.

All website designs remain the property of (“Creative Marketing Solutions”) until final payment has been received for the website and/or the completion of any sub-tasks stipulated in the website design contract are completed.

Proposed Website Contract & Acceptance Policy

You (“the client”) will be presented a proposed website design contract that will outline information that was presented during the initial conversation about the project. The proposed website contact will layout what website pages, features, or applications that will be used to accomplish the project—leaving no room for misinterpretation of what both parties are agreeing to for the scope of the website project.

In addition, if you ("the client") are looking for a particular look or functionality you are you wanting to have replicated on your website, please provide website links as examples of what you are wanting and what specific thing from this website you are wanting to have replicated in writing. This information will be used in the proposed website contract. If the website page or website feature or functionality is not mentioned on the website contract it will not be added to the projects cost and scope of the proposed website contract.

You ("the client") accept the proposed website contract by either signing of the actual document or making payment in lieu of signature on the proposed website contract.
 

Modification or Request for Additional Pages or Features Post-Website Contract Signing

The (“client”) may request, in writing, for altercations or modifications to be made to the current website design contract to include additional pages or website features. If such request is accepted and agreed upon by (“Creative Marketing Solutions”) a modified website design contract will be submitted showing these modifications/additions and the price for the project will be adjusted showing these requests.

Supplying of Content for Website

You (“the client”) is responsible for providing all the content to be used on the designing of the website. Materials may include, but not limited to, written materials and information about your business, photographs and imagery, business logo, and any other requested content referenced on the proposed website design contract must be turned in within three business days of acceptance of the proposed website contract by signing of the proposed website design contract or payment has been made in lieu of signature on the proposed website design contract.

Notice: Failure to provide the requested website content and materials within TWO WEEKS removed from either signing of the proposed website contract or payment made in lieu of signature on the proposed website design contract— (“Creative Marketing Solutions”) reserves the right to demand any and all outstanding balance proper to the project being completed and payment is due immediately.

You (“the client”) must indemnify (“Creative Marketing Solutions”) and hold us harmless from any claims or legal actions taken against you related to any of the content you (“the client”) provided us to use on your website. If (“Creative Marketing Solutions”) finds any content that you (“the client”) has turned in to place on your website has been taken from another website or any copy righted material was submitted for use on your website— any outstanding balance becomes due immediately and the website design contract will be deemed breached by you (“the client”) for violation of submitting copy righted materials for unauthorized personal use on your website.

Website Design Time Frame and Feedback Policy

Any time frame stipulated within the proposed website contract are contingent upon you (“the client) full cooperation and that you turn in all the website content requested.

During the website design process there will be certain times feedback will be required from you (“the client”). (“Client”) will receive a link to preview the websites overall functionality and design and have
three business days to either respond in writing your feedback or request a time for (“Creative Marketing Solutions”) to go over the website with you.

If neither is received by (“Creative Marketing Solutions”) the functionality and design will be deemed approved by default.

Rejected or Modification Request Post-Feedback Time Frame

If you (“the client”) sends feedback after the fourth business day of the feedback request by (“Creative Marketing Solutions”) and you (“the client”) reject the websites functionality and design or request for modifications to be made that will change or alter the current website design layout, we will do our best remedy any unsatisfactory work but be advised that (“Creative Marketing Solutions”) reserves the right to charge an additional $100 per redesigned or modified website page.

Website Completion Policy

(“Creative Marketing Solutions”) shall have fulfilled our obligations for the website design contract when your website has been designed and completed for desktop and mobile, with on-site search engine optimization (SEO) has been completed and the website URL connected to the website and the URL submitted to Google for indexing.

(“Creative Marketing Solutions”) does not guarantee any specific position in search engine result pages for your website. We perform basic search engine optimization according to current best practices.



Website Costs and Refund Policy

(“Creative Marketing Solutions”) accepts the following payment options: credit card (over the phone), PayPal, CashApp, Zelle, Venmo.

Please download your credit card authorization form here.

Website Costs

 

The website project will begin upon received payment from you (“the client”). You (“the client”) are responsible for two costs for the website project—to be paid separately—and those costs are:
 

1. The website design work provided by ("Creative Marketing Solutions").

2. Wix.com Premium Plan that must be paid yearly by you (“the client”). If you received a free website domain from wix.com with the purchase of the wix.com premium plan you are also responsible for its renewal fees.

If your website uses any wix.com premium applications or third-party applications, you (“the client”) is subject to those applications terms of service and it is your sole responsibility to cancel the application if you chose at at later date not to use its functionality on your website. The contact information for the application developer may be found in the settings on the application.

**Permission will be first acquired if a premium applications is needed in order to complete any agreed functionality or feature for your website that was mentioned within the website design contract.

In the event that (“Creative Marketing Solutions”) is sub-contracted, verbally or through written contract, by another website design agency or individual, they are subjected to the same stipulations found in these Terms of Service for Website Design for payment for hours accrued for and during the verbal or written contract for sub-contracted services performed by (“Creative Marketing Solutions”) as any other website design client.
 

Refund Policy

("Creative Marketing Solutions") has a NO REFUND policy.

If you ("the client") change your mind to hire ("Creative Marketing Solutions") to design your company's website during anytime during the design process—be advised that any outstanding balance for the project is still owed to ("Creative Marketing Solutions") and the outstanding balance will be invoiced to you and is due within three business days. Please see section: Delinquent On Account Policy for more information.

You (“client”) forfeit your right to dispute any charges that have been previously paid for the website design.

Website Delay Policy

  n the unforeseen circumstances arise on the part of you (“the client”), please let (“Creative Marketing Solutions”) know immediately in writing.

If a temporary hiatus for the website project is needed—a 24-hour notice must be submitted in writing to (“Creative Marketing Solutions”) and must include a date when the project is forecasted to resume. Any outstanding balance must be paid immediately.

Delinquent On Account Policy

If payment is requested from you (“the client”), you have three business days to pay the invoice. (“Creative Marketing Solutions”) will send a one reminder email if payment has not been received by the fifth business day with notice that the account is now subject to late fees at the rate of 10% of the outstanding balance.

Every seven days thereafter an additional 10% (late fee) will be added to the outstanding balance, and re-invoiced, until it is completely paid in full. In the event (“Creative Marketing Solutions”) is forced to seek legal recourse against you (“the client”) to recover the unpaid balance for the website project, you are also subjected to all legal fees (including but not necessary limited to: third-party collections, the fees associated with hiring a process server or sheriff, court filing fees, etc.).

Abandoned Website Project Policy

A website project shall be deemed abandoned after the following events have occurred:



1. It has been thirty consecutive days since the last communication has been received from you (“the client”).

2. If it has been thirty consecutive days since the website design contract has been signed or payment received in lieu of signature on the website design contract and all the requested still has not been completely turned in to (“Creative Marketing Solutions”).


In all abandoned website projects all payment, that has been received by (“Creative Marketing Solutions”) are forfeit without any option for reclamation. Any outstanding balance will be invoiced for any unpaid balance for the website project.

(“Creative Marketing Solutions”) reserves the right to seek legal recourse against you (“the client”) in order to recover any and all outstanding balance still owed due to the breach of the website design contract by abandonment or (“client”) failing to provide the request website content within the required time frame.

Governing Law

These Terms of Service for Website Design and any contract entered into with (“Creative Marketing Solutions”) that arise in a depute or legal matter shall be governed by and interpreted in accordance with the law for the time being enforced in the state of South Dakota, and each party submits to the jurisdiction of Beadle County, South Dakota.

(“Creative Marketing Solutions”) may update or modify these Terms of Service for Website Design with no notice to you (“the client”). It is your responsibility to check-back to this page to see if these terms have been updated or modified.

(“Creative Marketing Solutions”) reserves the right to enforce any off the clause above or stipulation found on the website design contract at our discretion.

Last Updated On: August 2020

 

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