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Terms of Service
All services provided by 2 Girls Design™ are subject to the following terms and conditions.
Acceptance
Payment of the retainer or deposit for your project is an acceptance of our terms and conditions.
Charges
Charges for services to be provided by 2 Girls Design™ are defined in the project quote that
the client receives via email. All Web site design services require a non-refundable retainer of 50%
(unless otherwise specified) which is required prior to commencement of work, and will be applied to the
final billing of the project. 2 Girls Design will bill on completion of the project. In the event
that the project departs from the intended direction and requires further time for execution, billing
will be twice monthly, on the 1st and 15th for actual hours at an hourly rate of $50.00 per hour. Due net ten (10). Once
final payment for the project is received, the website will be launched live on the Internet and all
files will be released to the client. A late charge of 10% will be assessed to payments not
received by due date and for each billing period (10 days) payment is overdue. A fee of $30 will be
charged for all returned (bounced) checks.
Shopping Cart
- eCommerce Merchant Services
Client is responsible for securing merchant account or third party payment processor for the shopping cart
(i.e. signing up bank merchant services, PayPal, ProPay to accept credit cards).
- Database Population
Client is responsible for adding individual items to their shopping cart (you will be taught how
to add, remove and edit the shopping cart), however if 2 Girls Design™ is requested to fulfill
this portion of the project, a per item fee of $5.00 per item will be charged.
- Product Photographs
Client is responsible for photographs of products to be added to the shopping cart, if 2 Girls Design™ is requested
to fulfill this portion of the project, an hourly rate of $50 per hour will be charged.
Change of Services
Should change of project specifications or major revisions require further time for execution,
2 Girls Design™ will bill at an hourly rate of $50.00 per hour. Additional
static website pages will be billed at $50.00 per page for total up to 15, then $40 thereafter.
All changes must be presented in writing and agreed upon by both parties.
Any changes to the work that are not a part of the original agreement will need to
be agreed upon by both parties and additional fees may be incurred.
Business Hours
Our business hours are posted here. If you require work after the
posted hours, on weekends or holidays there will be an additional service fee of $25 per hour added
to your invoice.
Copyright
Upon full payment only, 2 Girls Design™ grants a non-transferable, exclusive license to use all
materials produced in this project. 2 Girls Design™ reserves the right to add the finished design to
our portfolio.
Design Credit
2 Girls Design™ reserves the right to add a small link to your finished website stating “Design by 2 Girls Design™”. This
link from your completed website to the 2 Girls Design™ website is not to be removed unless both
parties have consented to its removal and a non-linking license fee is paid. Please contact
us for licensing information.
Content/Project Completion
If the project is not completed within 60 days time due to missing content from the client, the balance of
the website design fee will be due on 70th day from date the initial retainer/deposit was received. When
you present the content needed to complete the website under the scope of the quote, your content will be added
to site at no charge to you.. Content presented that was not included in the scope of the quote
will be added and billed at an hourly rate of $50.00 per hour.
Website Hosting
Indemnification
Under no circumstances will 2 Girls Design™ be liable for any direct, indirect,
incidental, consequential or punitive damages resulting from your use of the design
services, except for claims which may arise from 2 Girls Design™ infringement of a
third party’s intellectual property rights in connection with design components
created or secured by 2 Girls Design™. To the extent that you supply 2 Girls Design™
with any design elements, you agree to indemnify and hold harmless 2 Girls Design™
from and against any claim, loss or damage, including its reasonable attorneys’
fees, resulting from the use of such design element. You further agree to indemnify
and hold harmless 2 Girls Design™ from and against any claim, loss or damage,
including its reasonable attorneys’ fees, resulting from the content or
intellectual property appearing in, on or through your website or linked websites.
Termination
Termination of services by the client must be requested in a
written notice and will be effective on receipt of such notice.
Email or telephone requests for termination of services will not
be honored until and unless confirmed in writing.
Notice
These Terms and Conditions supersede all previous representations, understandings, contracts or
agreements. The payment of a retainer or deposit constitutes agreement to and acceptance of these
terms and conditions. Payment online is an acceptance of these terms and conditions. Any
failure of any portion of our terms, will not prevent the balance of terms from being enforced.
Last revised: 01/05/06
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