• Swanx Designs, LLC is an independent contractor; and is not an employee, partner or affiliated with any company of you, the Client's. Swanx Designs will provide web design, graphic, and digital marketing services under your direction; however, Swanx Designs retains the right to decide the manner and means that the services are accomplished. Swanx Designs may also be referred to as "we", etc.
• Monday thru Friday from 9:00am to 5:00pm PST. Swanx Designs is closed on Saturday, Sunday and Holidays. To keep a productive work flow going throughout the day, client calls and phone consultations are scheduled between 9:00am and 4:00pm PST Monday thru Friday unless other arrangements are made. Design work done outside of Swanx Designs business hours is ONLY done at Swanx Designs discretion unless a premium is being paid for rush or after business hours services.
• ADD YOUR PROJECT MANAGEMENT is used for all project communication once a project start date has been agreed upon. All feedback and discussion comments about current or past projects are to be made via ADD YOUR PROJECT MANAGEMENT or if your ADD YOUR PROJECT MANAGEMENT project has been archived, comments should be made via email. Any feedback or discussion made via social media for revision purposes and/or in a negative format for current or past projects is a strict violation of the terms of this agreement, and you, the Client will be responsible for any and all legal fees necessitated to resolve any dispute or defamation of character that may arise due to feedback or discussion made via social media is at no fault of Swanx Designs. Experience reflections and testimonials are welcome via ADD YOUR PROJECT MANAGEMENT, email and/or via our testimonial form on our website.
• It is imperative that you return all emails or Basecamp messages with detailed, constructive feedback within 5 business days via email to keep all projects moving forward smoothly. In the event there is no response within 15 business days, we reserve the right to terminate the Proposal Acceptance Agreement and bill any unpaid balances and/or additional fees incurred, if any, at that point. Payments made towards the project(s) as described in the Proposal will be used as a kill fee in order to compensate Swanx Designs time and expenses in the event the Agreement has been terminated. We reserve the right to additionally bill you, the Client, to complete a project from the stopping point in the event the Client does not continue the project within a reasonable time frame as set by these terms, the proposal, correspondence or by Swanx Designs.
• Once a project has begun and you have acknowledged either by digital signature, visiting swanxpro.com and/or on Swanx Designs forms that you have read, understand, agreed to this Terms of Service Agreement; you, the Client, will be held to all standards set in the Agreement, as well as any and all legal fees necessitated to resolve any dispute that may arise at no fault of Swanx Designs.
• The Client is solely responsible for adding, editing, migrating, or hiring additional professionals to create or format any type of content in the form of text, imagery or otherwise for your website, blog, brand identity and/or printed materials. Swanx Designs is in no way responsible for writing, photographing, editing or hiring of additional professionals to complete these tasks.
• The Client is solely responsible for the update(s), addition and/or removal of plugins, frameworks, platforms or otherwise not included in said Proposal. Swanx Designs is in no way responsible for completing these tasks before, during or after a project has been started or completed. Special notice: Updates to customized child themes may result in the complete deletion of any customization performed by Swanx Designs. Do NOT update your child theme. Please create a backup of any and all files before updating any and all plugins, frameworks, platforms, etc.
• If accepted, the email received after your consultation will have a Proposal attached and will serve as what we note as your "Proposal" throughout the entire process. The Proposal itself will be effective only for the period of time listed under the "validity date" found on the Proposal itself. If an email is received to start a project after the validity date has expired, another proposal may be drafted and emailed to you for approval, and the start date may be adjusted as well. Once signed, Swanx Designs Proposal Acceptance Agreement will serve as a binding contract between you, the Client, and Swanx Designs in conjunction with the Proposal itself, alongside the Terms of Service Agreement. Pricing and terms of each Proposal are subject to change anytime after the validity date has expired.
Concepts & Revisions
• Clients are provided up to 3 design concepts for each project as described in your Proposal. Web projects may or may not include 3 design concepts, please refer to your Proposal to see if your package includes multiple concepts. Out of the concepts presented to you, only 1 may be chosen to develop further. Once a concept is chosen to develop further you may receive revisions for each project as included in your quote. Once the amount of maximum revisions has been reached no further revisions can take place unless you pay an additional fee for each additional revision(s). Additional revisions may extend or delay the completion date or deadline at no fault of Swanx Designs.
• Swanx Designs accepts credit card payments made via Authorize.net, our invoicing and credit card processing systems.
• Swanx Designs accepts electronic checks made via, XXXXX, our electronic check processing system.
• A 50% deposit is required to hold your place in the design queue with full payment due before any work on the Client's project can begin. Deposits are considered non-refundable if the scheduled start date has arrived and full payment has not been received within 5 business days of the initial invoice being sent. Projects will be considered cancelled and will need to be rescheduled as stated in sections below.
• Once work has begun, any amount paid in full or as a deposit will be used as a kill fee to cover the time and work that has been put into a project in the event the Client (or designer) wishes to stop working with Swanx Designs (or said Client), at no fault of Swanx Designs.
• If full payment is not received within 5 business days of the initial invoice being sent, you will lose your place in the design queue and the project will need to be rescheduled based on the current design schedule. In addition, final files will only be sent after full payment has been received and has cleared. Swanx Designs reserves the right to put a hold on all projects and/or files until payment has cleared.
• In the event Swanx Designs is working at an hourly rate, a 1-hour minimum is required with the current rate to be billed in 15-minute increments and be described as such on the invoice. All hourly work is tracked by an online time tracking tool; and must be paid in full before final files will be released in any capacity to you, the Client.
• In the event, an Authorize.net or other dispute is filed against Swanx Designs or payment is overdue, Swanx Designs reserves the right to revoke all Client rights to the deliverables discussed in the Proposal and they will remain the property of Swanx Designs until the dispute is resolved. In addition, Swanx Designs reserves the right to hold all deliverables until full payment is received.
• Payments made via PayPal must come from a funded PayPal account.
• All payment information given to Swanx Designs in any form is kept confidential at all times.
• In the event a refund is issued, all refunds are subject to a 30-60 waiting period from the time the refund is requested for the refund process to be completed. Kill fees, deposit, invoice, rush fees, and/or other guidelines as mentioned in all sections throughout this terms of service agreement will be referred to first as the primary guidelines regarding refunds and/or other types of project cancellations.
• Project completion dates vary based on project type and the start date. Swanx Designs prioritizes and plans out a design schedule for each day, week and month depending on the current amount of clients and/or work that needs to be completed during business hours. All creative briefs must be returned before any work will begin on a project. EXPLAIN YOUR PROCESS...EXAMPLE: In general, the initial design process is the most lengthy potentially taking up to 10 business days for initial concepts to be delivered. Please allow up to 5 to 7 business days for revisions to be made and returned to you. Migrations may extend a project time frame and will be completed by a 3rd party service.
• All rush/weekend/holiday services are subjected to a premium rush fee in addition to the original project quote. Rush fees are set on a per project basis. Not all projects qualify for rush service. Swanx Designs reserves the right to turn down or terminate any and all projects including projects paying a rush fee based on unrealistic expectations for said project made by the Client and/or not expressed to Swanx Designs before the project start date. Not all requests for rush/weekend/holiday services will be acknowledged and/or doable based upon the current schedule. In the event a rush fee has been paid in conjunction with the original project quote and the project has been terminated, a kill fee will be enacted.
• In the event a Client can not complete and/or a project can not be completed in the original time frame at no fault of Swanx Designs, the project will initially be placed on hold for 15 days with a 25% restart fee required to resume the project. On the 16th day, the project will be placed on a 30 day hold with a 50% restart fee required to be paid for by said Client to reinstate the project. All reinstatements, must be paid in full and are calculated based upon the original quote +/- rush fees, deposits, full payments, etc. before a new start date will be scheduled.
• Once final(s) have been released, distributed, reviewed and signed off, by you, the Client, ADD YOUR NAME no longer holds any responsibility for any/all errors and will not be held responsible for any errors once a project has been sent to print, been published, distributed, displayed, etc. in any way. You, the Client, acknowledge that you will incur any/all costs to remedy and/all error(s) in any manner at no fault of ADD YOUR NAME.
• ADD YOUR NAME recommends these affiliates ADD YOUR AFFILIATES for all web hosting purposes; however, if you have secured another hosting company please contact me first to see if your host of choice is an approved hosting company.
• Not all hosting companies are created equally, if at any time I determine your host isn't compatible with the work I am performing for you, you may be asked to switch hosts.
• ADD YOUR NAME provides limited support via email after the project completion date for a period of CHOOSE NUMBER OF DAYS days dependent upon the type of service provided. Support applies only to the functionality of a blog or website design and does not include or apply to: a complete site revamp; additional graphic(s) or a change to any graphic(s); content changes, revisions or additions, training; or as deemed unreasonable by ADD YOUR NAME.
Testing & Acceptance
• Web designs are tested in the latest versions of these browsers: Chrome, Firefox, Safari on a NAME YOUR PLATFORM (Mac/PC, etc.). I highly recommend you download the most updated version of your browser and view all revisions or test sites on a computer monitor, not a mobile device. Please note: Not all designs are considered mobile responsive. Not all web designs will operate as normal in browsers that are not kept up-to-date with the latest web standards. Designs created for the web not viewed on an updated browser may cause viewing distortions to which ADD YOUR NAME is not responsible for correcting.
• Once you have signed off on a project, ADD YOUR NAME considers the project to be in full working order and complete. In addition, if you do not respond or complete the sign-off agreement within 10 business days of the request or last communication with said Client, ADD YOUR NAME will consider the project to be in full working order and complete, at no fault of ADD YOUR NAME.
• Any changes or revisions requested and made after project completion and sign-off will be billed at ADD YOUR NAME current hourly rate.
• All digital signatures made to online agreements signed by you, the Client, are considered legally binding.
• Additional costs include, but are not limited to: additional revisions above and beyond what was included in the Proposal; hosting fees; domain name registration; fonts; plugins; photographers; custom illustrations; digital stock graphic kits; stock photography; and/or any other graphic or item not specifically listed in the Proposal. If the additional cost is not specifically included in your proposal expect to pay an additional fee to the selected vendor for the service.
• ADD YOUR NAME respects the privacy of your personal & confidential information at all times.
• Extreme caution is taken to keep the information shared with ADD YOUR NAME for billing & project set-up/installation purposes private & secure. Any payment information sent via ADD YOUR PAYMENT PROCESSING to process payments is not received by me, but the company processing the payment.
• At no time will any information from past or present clients given to me for billing & project set-up/installation, by the Client, be shared or sold for any reason.
• In the event, any of ADD YOUR NAME accounts or personal property are hacked or stolen, you will be notified immediately. In addition, any dispute filed against ADD YOUR NAME by the Client as a result of a privacy issue will be held to all standards set in the Agreement, as well as any and all legal fees necessitated to resolve any dispute that may arise at no fault of ADD YOUR NAME.
• Email subscription lists will not be shared or sold for any reason.
• ADD YOUR NAME retains the Copyright to any and all work completed by me in the event a project is terminated at no fault of ADD YOUR NAME or until full payment is made on all fees including: quote, additional fees, etc. incurred for the project. ADD YOUR NAME will retain the right to reproduce, publish and display all work created for the Client in ADD YOUR NAME portfolios, websites, galleries, periodicals, exhibits, etc. for the purposes of recognition of creative excellence or professional advancement. Copyright violation is strictly prohibited and protected by federal law.
• Special notice: Any design not specifically copyright & purchased as a "logo design" may not under any circumstances be utilized for branding purposes other than what the design was initially designed for, unless licensing is purchased which will allow you the rights to use the design as a "logo" on all types of marketing materials for branding purposes. A header design for website/blog may not be used as a logo for business cards, social media exposure, or any other type(s) of marketing materials such as postcards, letterhead, etc., etc. unless express copyright has been purchased from me and released to you.
• At this time, ADD YOUR NAME does not include printed pieces in any of the design packages offered. None of the quotes offered include fees that may be incurred to have your project printed after final file delivery. ADD YOUR NAME highly recommends these affiliates ADD YOUR AFFILIATES for your printing needs. Please get a printed or PDF proof before confirming and sending your order to print with any company and/or service.
This terms of service agreement is subject to change at any time and/or at ADD YOUR NAME discretion. Updated: ADD THE DATE