Please review the terms below. If you have any questions, please contact me. Last updated: January 5, 2021.
1. DEFINITIONS
- Dezfox, LLC hereafter referred to as “Dezfox” or “Designer”.
- Individual, company entity, or company representative referred to as “Client” identified by project ID.
- “Deliverables” means any and all created files—digital or printed—including but not limited to: vector artwork, logos, illustrations, graphics, advertisements, images, photography, website files, website coding, templates, printer files, etc.
- “Project scope” is the outline of what the project will include from start to finish.
- “Project fee” is the agreed upon amount for each project’s created deliverables. This fee is established via quote in the form of email, online or mobile communication, or document. Project fee establishes the payment amount(s) and is subject to increase based on project scope additions.
- “Final payment” concludes a project fee has been paid in full.
- “Site build fee” refers to the agreed upon amount to build the website. This fee is the project fee for the site and is subject to the terms below.
- “Ongoing web services” refers to the continued monthly services for various web support for a single website, which may include: hosting, domain, content updates, web backups, etc. This monthly fee is not a project fee.
2. PROJECT TERMS
- Projects will not begin until a NONREFUNDABLE deposit has been received for project fees over $50. Full payment is due upon approval of all projects in order to receive the created deliverables. Receipt of final payment indicates authorized approval and closure on all projects. New projects will not begin until all outstanding balances are paid in full. For hourly projects, the minimum cost starts at 1/2 hour and is billed in 1/4 hour increments thereafter.
- Projects that go beyond the project scope outlined in the quote in the form of excessive revisions or additions will be charged $95/hr or $175/hr, which is billed in 1/4 hour increments. This amount is appended to the final project fee, irrespective of whether Client ultimately approves or cancels the project. The amount and difficulty of revisions that qualifies them to be excessive is determined at the discretion of Dezfox.
- Ownership of the created deliverables belongs to Dezfox until final payment is received. Once final payment is received, ownership will be transferred to Client. In any and all events of a payment reversal, ownership rights are automatically, and without additional documentation, transferred back to the Designer.
- Dezfox will not be held liable for any errors or issues that may occur before, during or after the project, including but not limited to: web hosting, web server issues, email, print quality, missed deadlines, client revisions, etc.
- Printing is an additional cost and is not included unless otherwise stated. Client assumes all responsibility for printing and file accuracy, including spelling and grammar. Submitting files for printing indicates client’s expressed approval of the submitted files regardless of the Designer’s stated or implied printing instructions.
- Websites are built on the WordPress platform only.
- Potential third-party costs required to complete project are not included, such as: hosting, domains, email services, additional software, travel expenses, tools, stock photography, etc.
- Ongoing web services will be paid monthly according to the agreed upon services. Upon missed payment, client will have a 30-day grace period to continue payments. After 30 days of missed payment, client forfeits web services managed by Dezfox, which can result in the following:
- Domain will not be renewed, if provided by Dezfox.
- Hosting will not be renewed, if provided by Dezfox.
- Site will no longer be publicly accessible online, if hosted by Dezfox.
- Ongoing web support will not continue.
3. RETAINER TERMS
- If applicable, Client retains services from Dezfox at the agreed upon hourly rate on a per hour basis.
- Retainer fee is for Designer time only, including:
- design time
- development/coding time
- meetings/administrative time
- travel time
- required training
- technical assistance
- Retainer fee does not guarantee work for specific deliverables.
- Potential third-party costs required to complete project are not included, such as: hosting, domains, email services, additional software, travel expenses, tools, stock photography, etc.
- Retainers are invoiced and must be paid in full prior to project start.
- Project work will be tracked by Dezfox in one quarter hour increments and billed against the retainer fee until retainer hours have been completed.
- Project work will be executed during scheduled time designated by Dezfox.
- Retainer agreements are fulfilled once retainer hours have been completed.
- Upon retainer fulfillment, a new retainer agreement may begin.
- Unused MONTHLY retainer fees expire after 30 days from time of payment and do not carry over.
- MONTHLY retainer fees that exceed the agreed upon hours will be billed separately in addition to the monthly retainer fees.
4. CANCELATION POLICY
- If Client chooses to cancel a project before final payment is received, Client forfeits all rights to the created deliverables and may not print, re-create, sell, reproduce, share, or use them in any way for any reason.
- Client must state cancelation through email (james@dezfox.com) or written letter or may cancel by default if 90 days pass from their last received communication.
- Upon cancelation, Client must pay 50% of the remaining balance of project, including 100% of any additional charges accrued beyond the initial project scope as a cancelation fee.
- Ongoing web services may be canceled at any time. If Client wishes to cancel these web services, Dezfox will cease management of provided services within 30 days. These services may include: hosting, domain, content updates, web backups, etc. Client will be provided a WordPress compressed file containing the website and its database contents. Client will be responsible for acquiring their own web services that were provided by Dezfox, such as hosting and domain.
- Dezfox may cease ongoing web services at any time with a 30-day notice.
- Retainers may be canceled at any time. If Client wishes to cancel retainer services, Dezfox will cease project work immediately. If cancelled, unearned retainer fees that are not used can be returned to Client. Uncanceled retainers expire 90 days after last active recorded work time and any remaining time or fees are forfeit by Client.
- All project payments for hours worked and deliverables are nonrefundable.
5. TERMS AGREEMENT
Any payment made by or for Client and their respective company indicates that said Client has read, understands, and agrees to be bound by these terms. These terms are subject to change from project to project without notice and do not expire once a payment has been made for a project.
6. CONTACT
Please contact james@dezfox.com if you have any questions or concerns.