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 offered by Creative Marketing Solutions (or with our affiliate Entimos.) In the event of any conflict or inconsistency between any contract submitted by Creative Marketing Solutions (or by Entimos) and these Terms of Service—the terms found within this document shall take precedence.
A business relationship is entered into by signature on the project contract or by payment in lieu of signature with Creative Marketing Solutions (or with our affiliate Entimos) and you (the client)—and indicates an agreement between parties to the following Terms of Service For Website Design:
Creative Marketing Solutions working days are Monday through Friday, 8:00 AM to 4:00 PM (CST); excluding legal holidays.
Phone Conference: At our discretion, Creative Marketing Solutions or Entimos, has the right to submit an additional bill at the end of the project for any phone conferences that were requested by you (the client) during the designing process at the rate of $40/hour.
In Person: Local meetings with client, after the initial contract signing, will be at the rate of $40/hour with a minimum of one hour that excludes time for transportation.
Email Communication: Email is the preferred method of communications regarding the website project. Emails will only be replied to during our business hours.
Website Contract and Marketing Material Ownership Policy
The content found within any of the Creative Marketing Solutions (or our affiliate Entimos) website contracts or any marketing material is the sole property of Creative Marketing Solutions and Entimos—as it may contain information that is privileged or confidential. Any intentional distribution may result in legal recourse taken against you.
Website Content: Supply Of Materials
You (the client) must supply all the content (written materials and information, imagery, etc.) to Creative Marketing Solutions or Entimos.
Materials may include, but not limited to, photographs to use on the website, written copy (that must be delivered as a Microsoft Word [doc]), business logo, and other printed materials.
You (the client) understands that upon the signing of the website contract (by signature on the document or payment being sent in lieu of signature), you have three (3) business days to turn in all the content and materials for the website pages that are specified on the contract.
Note: Failure to provide the website content and materials within two weeks from the date of the contract being signed, or payment received in lieu of signature, Creative Marketing Solutions and Entimos, reserve the right to demand any and all outstanding balance prior to the project being completed and is due immediately.
You (the client) must indemnify Creative Marketing Solutions and Entimos and hold us harmless from any claims or legal actions related to the content that you (the client) provided us to use on your website.
Modifications or Additional Pages or Feature Requests Post Contract Signing
Any request for altercations for the design work during the process of the website design or to have variations of ideas conceptualized, may be discussed between both parties on the phone. However, no work shall be done until you (the client) submits the request clearly written out and emailed to Creative Marketing Solutions or Entimos for clarification of what you (the client) is requesting to have designed or worked on.
If we agree to make or include these changes or requests, Creative Marketing Solutions or Entimos, will resubmit an updated website design contract that will include these changes and the project fee adjusted to show this new information, request, or modification for the website project.
Website Design Time Frame
Any time frame stated within website contract are contingent upon that you (the client) full cooperation and that you turn in all the content for the website pages. During the website design process there is a certain amount of feedback required in order to progress to the next phase of development and design.
You (the client) will receive a link to preview the website. You will have three (3) business days to respond back to Creative Marketing Solutions or Entimos with your feedback or a request to go over the website together. If neither is received by Creative Marketing Solutions or Entimos by the fourth (4) business day—the design layout and appearance will be deemed approved by default and we will proceed to the next phase of the project.
Creative Marketing Solutions and Entimos reserve the right to subcontract (in whole or part of) the website project that we have agreed to perform for you (the client) as we see fit.
Rejected or Modification Request Post Feedback Request Time Frame
If you (the client) sends feedback after the fourth (4) business of the feedback request by Creative Marketing Solutions or Entimos and you (the client) reject the website layout and appearance or request modifications to be made that will change or alter the website layout and/or appearance we will do our best to remedy any unsatisfactory work but be advised that Creative Marketing Solutions and Entimos reserve the right to charge an additional $100 per page.
Creative Marketing Solutions or Entimos shall have fulfilled its obligations for the website design contact when your website has been designed and completed for desktop and mobile, with on-site search engine optimization (SEO) bas been completed, and the website URL connected to the website and the URL submitted to Google for indexing.
Creative Marketing Solutions and Entimos do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practices.
Website Design Delay Policy
In the unforeseen circumstances arise on the part of you (the client), please let Creative Marketing Solutions or Entimos know immediately.
If a temporary hiatus for the website project is needed—a 24 hour notice must be submitted in writing to Creative Marketing Solutions or Entimos and must include a date when the project will resume. Any outstanding balance must be paid immediately.
Website Project Costs and Billing Statement Policy
Creative Marketing Solutions and our affiliate Entimos accept the following payment options: credit card (over the phone, PayPal, Check (with the check cleared by the bank prior to work being started). Please Note: Payment in lieu of signature becomes the legal enforce agreement between Creative Marketing Solutions (and our affiliate Entimos) and you (the client).
We have a NO REFUND policy and any outstanding balance becomes automatically due in the event client has changed their mind after for the website contract has been signed and/or payment in lieu of signature has been made for the contracted service.
You (the client) will be responsible for two costs for the website project—to be paid separately—and those costs are:
1. Website design work provided by Creative Marketing Solutions or our affiliate Entimos for desktop and mobile website design, on-site search engine optimization (SEO), connection of the website URL and the URL being submitted to Google for indexing.
2. Wix.com Premium Plan for Hosting and Domain (where it applies) and any website application premium add-on used in designing the requested features on the website. You are bound to the Terms and Conditions of the application developer. Creative Marketing Solutions or Entimos are not liable for recurring charges for any of these premium plans or premium app. Should you decide that you do not want the application used on the website, you (the client) are solely responsible to cancel the app. Contact information for the app developer may be found in the settings on the application.
Website projects under $500 are to be paid in full before the start of the project. Website projects over $500 will require a half down deposit; with the remaining balance be paid prior to the website being transferred into your wix.com account.
All website designs remain the property of Creative Marketing Solutions or Entimos until final payment has been received for the website and/or subtasks related to the website design project are completed.
Delinquent Billing Statement
If payment has not been received within three (3) business days from the date on the billing statement, Creative Marketing Solutions or Entimos will send one reminder notice in writing (email) that if payment is not received by the fifth (5) business day from the date on the billing statement you (the client) will be subjected to late fees at the rate of 10% of the outstanding balance.
An additional 10% will be added and re-invoiced to you (the client) every seven (7) days until the outstanding balance has been paid in full.
A website project shall be considered abandoned after either the events had occurred:
1. It has been thirty (30) consecutive days since the last communication has been received by you (the client);
2. If has has been thirty (30) consecutive days since the contract has been signed and the requested content (written or imagery) has not been turned in by you (the client). Or content has not been turned in by a date stipulated within the website contract.
In all abandoned projects all payments, that have been received by Creative Marketing Solutions or Entimos, are forfeit without option for reclamation. We reserve the right to seek legal recourse against client for any outstanding balances due to a breach of contract by abandonment or client failing to provide the content within the required time frame.
Any renewal of the project contract after a termination has taken place will require a new contract, with full payment and content turned in at signing of the contract.
Payment Charge-Back Policy
All work remains the property of Creative Marketing Solutions or Entimos until final payment is received for all design and/or subtasks related to the design project(s).
Client forfeits their right to dispute any charges associated with the cost of any services performed by Creative Marketing Solutions or Entimos when you (the client) had signed a contract for the project and/or has paid any payment on or for the project.
If client performs a charge-back request with their bank while production is still being performed by Creative Marketing Solutions (or our affiliate Entimos) and/or they are delinquent on paying on the billing statement will be subjected to any legal fees including third-party collection costs and any unpaid balance will be doubled. We reserves the right to seek legal recourse for any and all unpaid balances and fees associated with collection of the unpaid balance.
These Terms Of Service and any contract entered into by Creative Marketing Solutions or service provided by 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 the 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.
Last Updated On: March 2020