Agreement for Web Design Services
This agreement is between ‘Client’ (Purchaser) and ‘Provider’ (CTS Graphic Designs, LLC)
‘Client’ is engaging above named ‘Provider’, a sole-proprietorship, as an independent contractor for the specific project of developing a web site. The ‘Client’ hereby authorizes ‘Provider’ access and “write permissions” to all directories and files of this account.
2. WEB SERVICES
- Web Design to include web page layout: placement of text, graphics/photos, navigation links, external links and e-mail links., CSS style sheet and installation into client hosting.
- Minor updates and changes to web site at no charge until the administration panel is received approximately 7-10 business days after the site is transferred to the internet for public viewing. Minor changes are limited to: changing wording, or making general design or text corrections. ‘Provider’ hourly rates will apply to retyping of lengthy text, adding new text, adding new pictures, adding new pages, or any other major changes not included in purchase.
- Any Graphic Design Services such as fliers, web banners (3 included at no charge), logo designs, store product mock-ups, etc. created for the purposes of the site will incur a separate design fee (please contact ‘provider’ for specifics). As well stock imagery purchased for use on the site will incur a $4 per image charge, this fee will be added to the remaining balance.A proof is sent to Client for review. Client is then given the opportunity to make changes to said product. All changes will be made and approval requested by Provider and granted by Client prior to the website going live.
3. FEES & PAYMENT
- All fees payable in US dollars.
- Web Design cost is variable and based on individual design.
- A down payment or full payment may be required prior to any work beginning.
- Payments will be accepted via PayPal, Visa, Mastercard, Discover, and American Express. Credit Card transactions will appear asCTS Graphic Designs, LLC on credit card statement.*Refunds CTS Graphic Designs, LLC has a NO REFUND policy. We will however make every attempt to redesign an item to your satisfaction. For all items being printed, your approval is required before each item is sent to print. Returns are not accepted unless the error lies with the print company (i.e improper cutting, print quality, etc.) Your satisfaction is very important to us, so please let us know prior to approval if you find typographical errors in your design, would like it tweaked to more capture your vision, etc.
4. COPYRIGHT AND TRADEMARKS
- The ‘Client’ represents to ‘Provider’ and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ‘Provider’ for inclusion in web site are owned by the ‘Client’, or that the ‘Client’ has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ‘Provider’ from any claim or suit arising from the use of such elements furnished by the ‘Client’.
- ‘Provider’ guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both ‘Client’ and ‘Provider’ that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless ‘Client’ receives direct authorization from the 3rd party.
- Copyright to the finished assembled work of individual websites or print designs produced and designed by ‘Provider’ are owned by ‘Provider’. This ownership is to include rights to the design, any photos or graphics supplied by ‘Provider’, source code, and computer programs specifically designed for the web site or print design. Upon full and final payment of this contract, the ‘Client’ is assigned copyright to use on a single web site or print product the design, graphics, and text contained in the finished assembled web site or product.
- All graphics, photos and text provided by ‘Provider’ are property of ‘Provider’ and may not be used in any media outside the single web site without permission or transfer of rights specified in writing between ‘Provider’ and ‘Client’.
- Should ‘Client’ choose to no longer do business with CTS Graphic Designs, LLC, they are entitled to continue to utilize they’re website, transfer they’re hosting, etc. however ‘client’ is not entitled to the admin panel of their website which was customized by ‘Provider’.
- In the event that ‘Client’ or other agent acting on the behalf of the ‘Client’ accesses files and disrupts the layout or functionality of the web site, ‘Provider’ can work to get the web site back up and running at the regular hourly rate.
- Under no circumstances, including negligence, shall ‘Provider’, or any other company involved in the creation, production or distribution of the web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ‘Provider’s’ services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to ‘Provider’s’ records, programs or services.
- Provider is not responsible for search engines crawling and ranking websites which are hosted either on Providers Servers or other host company
- Provider is not responsible for loss or damage to clients data due to hacking of a website or other online system.
- Provider is not responsible for spamming, phishing, pharming or spoofing originating from a clients website or online system.
6. LAWS AFFECTING ELECTRONIC COMMERCE
The ‘Client’ agrees that the ‘Client’ is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ‘Provider’ and it’s subcontractors from any claim, suit, penalty, tax, or tariff arising from the ‘Client’s’ use of Internet electronic commerce.
7. INTERNET ETIQUETTE
‘Provider’ is a developer of ethical web sites. As such, ‘Provider’ will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will ‘Provider’ design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.
8. AUTHORSHIP CREDIT
- ‘Client’ agrees that ‘Provider’ may put a small byline link on the bottom of their web page or “design by” web address on any web design or print material that ‘Provider’ creates establishing authorship credit. In order that Provider may remove their byline in the event of the design being altered, it is mutually agreed that ‘Provider’ will be notified of any design changes to this web site or print design, however this in no way requires ‘Provider’ to remove authorship credit’.
- ‘Provider’ may use ‘Client’ web site or print design products as a sample of work in print, through a web site link or within the Providers sample body of work on their website.
Provider’ may, during the course of providing services hereunder or in relation to this contract have access to, and acquire knowledge regarding materials, data, systems, and other information of or with respect to ‘Client’ which may not be accessible or known to the general public. Any knowledge acquired by ‘Provider’ from such materials shall not be used, published or divulged by ‘Provider’ to any person, firm or outside source without the express written consent of ‘Client’.
‘Client’ agrees that all content for the site will be provided in a timely manner not to exceed 3 months. “Client further agrees that if content is not received within 3 months of making initial deposit, the current project will be considered on hold and a fee of $250.00 will be required to reopen the project for continuation only after all content is received. If no content is received within 5 months of ‘Client’ making the initial deposit, ‘Provider’ will consider the project closed indefinitely and ‘client’ understands that this will result in a loss of the initial deposit. ‘Client’ agrees that once a proof is submitted to ‘Client’ of the purchase site, changes must be made within 1 month of receiving proof.
*Please note that all sites must be completed and live within 6 months of receiving initial deposits. Sites not completed in 6 months will be considered closed and changes made to the site will incur an hourly fee of $55
This constitutes the sole agreement between the ‘Provider’ and ‘Client’ regarding its web design service. This agreement shall be governed and construed in accordance with the laws of the State of Florida.
Agreement for Print Design Services
This agreement is between ‘Client’ (Purchaser) and ‘Provider’ (CTS Graphic Designs, LLC)
‘Client’ is engaging above named ‘Provider’, a sole-proprietorship, as an independent contractor for the specific print design project. The ‘Client’ hereby authorizes ‘Provider’ access and “write permissions” to all directories and files of this account.
2. Terms and Conditions
The terms and conditions stated here and listed below shall apply to all work performed by ‘Provider’ on behalf of the ‘Client’. ‘Provider’ reserves the right to refuse any work for any reason. ‘Provider’ reserves the right to change any of these terms and conditions at any time without notice; changes become effective immediately. By using this website, you are fully accepting the terms, conditions and disclaimers contained in this notice.
Payment is accepted via cash, check or credit card (through PayPal). full payment prior to the start of any design under $300.00 is required prior to the start of any design. A non-refundable deposit of 50% of the total estimate of the project costing more than $300.00 is required before any design work can begin, with the remaining balance due upon completion of the design work. The ‘Client’ will have the opportunity to approve additional charges should any occur as the work progresses. Payment in full will release completed design files for publication. Any account with a balance older than 30 days past the initial invoice date will be subject to compounding interest of 1.5% of the overdue balance per month.
4. Refunds and Discounts
CTS Graphic Designs, LLC has a NO REFUND policy, once design projects have begun. We will however make every attempt to redesign an item to your satisfaction. For all items being printed, your approval is required before each item is sent to print. Returns are not accepted unless the error lies with the print company (i.e improper cutting, print quality, etc.) Your satisfaction is very important to us, so please let us know prior to approval if you find typographical or grammatical errors in your design, would like it tweaked to more capture your vision, etc. Discounts are offered to the Clients under certain circumstances, during particular times of the year or under the sole discretion of ‘Provider’.
5. Cancellation of Work
The Client, at their discretion, may terminate further work on a project. In such a case, please understand that we do have a no refund policy. All fees paid toCTS Graphic Designs, LLC prior to the start of the design will not be refunded and will not be considered if the ‘Client’ requests to restart the project at a later date unless prior permission has been granted by the ‘Provider’ under extenuating circumstances. The initial deposit of 50% of the design fee will not be refunded. Any 14-day span lacking communication from the Client will result in the project’s cancellation. In this instance, the initial deposit of 50% will not be refunded. If the Client desires continuation of the project, a new deposit will be required at the current design rate.
6. Turnaround Time
CTS Graphic Designs, LLC strives to meet realistic deadlines set and agreed upon through clear communication with the Client, but turnaround always varies from project to project. The amount of time the Client takes to review a proof prior to requesting a revision or approving final artwork can and will greatly affect turnaround time. Excessive review time will alter agreed upon deadlines. If the Client has not provided text, photos, or any other content necessary for the completion of a design project within 14 days of delivery of the first design concept, the project will be canceled and subject to the conditions set forth in this document regarding canceled work.
A revision is any change whatsoever to a concept or design once it is presented. “The ‘Provider’ encourages the Client to take as much time as he or she reasonably needs (no more than 14 days) to deliver accurate feedback on a design. However, excessive review time will alter agreed upon deadlines. If ‘Provider’ is unable to contact the ‘Client’ and the ‘Client’ does not contact ‘Provider’ via e-mail within 14 days after a concept or revised layout has been presented, then the project will be canceled and subject to the conditions set forth in this document regarding canceled work. In this instance, the initial deposit of 50% or full payment received will not be refunded. All revisions requests must be submitted via e-mail. Although the ‘Client’ is welcome to request revisions over the phone, ‘Provider’ cannot guarantee accuracy of revisions unless the ‘Client’ requests them via e-mail. Remember that up to 3 revisions are allowed for print designs. Additional revisions received may incur additional design fees as determined by ‘Provider’.
‘Provider’ will not take responsibility for any copy or design errors once items are approved by ‘Client’. The ‘Client’ is encouraged to proofread all artwork carefully. In addition, ‘Provider is not responsible for incorrect dates, misspelled words or grammatical errors in documents or jobs approved by ‘Client’ upon design completion. Under no circumstances will a refund or reprint be honored for an error in files that have been approved in writing by ‘Client’.
‘Provider’ will not be held responsible for any loss or damage sustained by the Client as a result of the use of materials created or supplied by CTS Graphic Designs, LLC, including fonts, stock photos, or any material supplied by a third party. All works created by CTS Graphic Designs, LLC will be considered approved for use by the Client prior to being released to the Client for use in any way. The maximum liability of CTS Graphic Designs, LLC under any circumstances shall not exceed the paid amounts relating to any respective order.
10. Final Art
Acceptance of final artwork must be in writing and will represent the final stage of the work process. Any subsequent work requested by the ‘Client’ in relation to the order will result in additional charges to the Client at the discretion of ‘Provider’. In this circumstance, the Client will be advised of any additional fees before the work is undertaken. By approving the final work in writing, the ‘Clien’t assumes all responsibility for the subsequent usage of the design.
11. File Transfer
When a project is completed per the Client’s written approval and payment in full, ‘Provider’ will transfer files to the Client in any of the following as dictated by the design .JPG, .PDF, .PNG, .EPS and/or .TIF formats, via electronic file transfer. Under no circumstance will the .PSD, .INDD or any other original, proprietary design file be submitted to the client. ‘Client’ only maintains rights to the completed product. ‘Provider’ is under no obligation to transfer original files.
All designs submitted to ‘Client’ must be approved in writing to ‘Provider’ prior to being submitted to the printer. ‘Client’ is responsible for content on each design product. Please ensure before approving project that there are no typographical or grammatical errors and that everything is placed on the print design exactly as desired. ‘Provider’ nor printer will not be held responsible for errors on printed products once an approval has been received from ‘Client’ for printing. When making payment for printing services through ‘Provider’, please understand that ‘Provider’ outsources printing and shipping and will take no personal responsibility for print errors, (i.e. improper cut, print quality, etc.). If print errors occur, ‘Provider’ will contact the print company for ‘Client’ in an attempt to resolve the issue.
Any unique artwork generated by ‘Provider’ for the Client belongs to the Client when payment in full is received. All work provided to the Client by ‘Provider’ is believed to constitute original work, and is prepared in good faith that it does not infringe on the rights of any other party. However, ‘Provider’ cannot provide an explicit or absolute guarantee that any specific works do not infringe upon existing third-party rights, whether inadvertently, by coincidence, or otherwise. The Client is hereby encouraged to further research, trademark or copyright the work through the legal process required in their location.
All preliminary work and materials produced by ‘Provider’ for the purposes of developing any work for the ‘Client’ remain the sole property of ‘Provider’, not including previously copyrighted materials supplied by the ‘Client’. Any unauthorized usage of copyrighted materials created by ‘Provider’ will be actively pursued and prosecuted to the fullest extent of the law.
The ‘Client’ unconditionally guarantees that any elements of text, photos, trademarks, or any other artwork furnished to ‘Provider’ for inclusion in any design project are owned by the ‘Client’, or that the ‘Client’ has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend ‘Provider’ and its subcontractors from any claim or suit arising from the use of such elements furnished by the ‘Client’.
‘Provider’ may wish to use examples of developmental or final completed work prepared for the ‘Client’ as a part of our future marketing materials.’Provider’ may also wish to use relevant sections of correspondence attributed to the ‘Client’ as reference or testimonial material. If the Client does not wish for examples of such design work, reference, or testimonials, to be used in said marketing materials, the Client must provide a written request for “provider’ to refrain from using the examples, references, and/or testimonials. ‘Provider’ will acknowledge the ‘Client’s’ request and refrain from using the material. If the material has already been printed or presented on the internet in some form then ‘Provider’ will not use the material in future marketing materials. Any materials already printed or presented will remain in use.
“Provider does not trademark or copyright any artwork. Please note that though your artwork may contain the trademark or copyright symbol, this does not mean that your artwork has been trademarked or copyrwritten unless you have gone through the proper channels to do so.
14. Website Copyright
All copyright, trademarks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source code connected with the website) are owned by or licensed to CTS Graphic Designs, LLC or otherwise used by CTS Graphic Designs, LLC with permission or as permitted by law. Content may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of CTS Graphic Designs, LLC, excluding the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
*Important* RETURNS AND REFUND POLICY
CTS Graphic Designs, LLC has a NO REFUND policy. We will however make every attempt to redesign an item to your satisfaction. For all items being printed, your approval is required before each item is sent to print. Returns are not accepted unless the error lies with the print company (i.e improper cutting, print quality, etc.) Your satisfaction is very important to us, so please let us know prior to approval if you find typographical errors in your design, would like it tweaked to more capture your vision, etc.