PAYMENT:
All payments are submitted through a Paypal invoice and a 50% deposit is required in full prior to booking my schedule and getting started on your project. Depending on the complete total cost and current workload, various payment options are available. Please inquire. The remainder 50% of payment is upon completion before web files are made live.
TURNAROUND TIME:
Turnaround times for each project will vary depending on my current work load, client response times, revisions, content submission, etc. The current general turnaround time is around two weeks + time for revisions. That is a ballpark only as it’s not possible to provide an exact turnaround time with custom design work, and depends as each client and custom project is unique. I will be able to provide a better estimate date once I know more about the scope of your project. If my turnaround time and/or hours of operation do not work for you, please let me know beforehand so I can provide you with a quote on expediting my services. I am happy to work late hours and overtime, as long as I am compensated for doing so. The expedited fee will depend on how quickly you’ll need the project completed, and my current workload / schedule.
DOMAIN + HOSTING INFO:
Domain and hosting services must be purchased by the client beforehand. If you’re unsure of how to do this or which company to use, please let me know, and I can assist you with picking one of my recommended companies and walk you through how to purchase your domain name. Your domain name will cost as low as $12 a year, and hosting will cost around $7-$15 a month depending on the hosting company. Website packages do not include future update compatibility issues for your site, but I do offer website maintenance for updates (recommended every 6-12 months) for an additional cost. MLL Design + Branding Studio is not responsible for ANY server downtime or any other compatibility issues that may arise after the launch of the site.
MOBILE FRIENDLY?
Genius question! Yes, your website will be mobile friendly.
TERMS + REFUND POLICY:
I never want to see any client unhappy, and always aim to be fair to each party involved. While I do strive for 100% satisfaction 100% of the time, I do understand that it’s possible to have an unsatisfied client. With that said, I have placed a refund policy which allows up to 25% refund on the package total for which was paid for. The percentage total varies depending on the amount of time invested, booking of schedule (which can in return cause me to turn down another client project), time invested into research, design, email correspondence, and other circumstances — but is not to exceed 25% . If ANY FINAL FILES have been delivered, or the website has been turned over there is a ZERO REFUND policy in place to ensure that the designer is being compensated for booking of schedule, time invested, and the deliverables.
PLEASE NOTE: By purchasing any file or service from MLL Design + Branding Studio you acknowledge to reading, understanding, and agreeing to the MLL Design + Branding Studio Policy below!!
MLL DESIGN + BRANDING STUDIO POLICY
Set forth are the binded terms agreed to by the client, upon purchasing any file or service from MLL Design + Branding Studio. The client acknowledges reading, understanding and agreeing to this policy upon purchasing any file and/or custom service from MLL Design + Branding Studio.
COPYRIGHT
MLL Design + Branding Studio retains the copyright ownership to all works created and grants to client a non-exclusive, perpetual and worldwide license to use and display the final deliverables in accordance with this agreement. The rights granted to client are for use of the final deliverables in its original form only. Client may not change, create derivative works or extract portions of the final deliverables. The designer retains the right to reproduce, publish and display the deliverables in designer’s portfolio and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the deliverables in connection with such uses.
ALTERATIONS
Alteration of any of the designer’s works or deliverables is prohibited without the express permission of the designer. The designer must be given the first opportunity to make the required alterations. Unauthorized alterations shall constitute additional use and will be billed accordingly.
SHIPPING
All works are digital and will be delivered to the client’s email address. MLL Design + Branding Studio DOES NOT provide any tangible products, custom services and digital deliverables only.
DELAYS
The client shall use all reasonable efforts to provide the needed information, materials, and approvals. Any delay by the client will result in a day-for-day extension of the due date for all deliverables. If the designer waits beyond 30 days for any revisions and the project is at a standstill because of the client, the designer has the right to end the contract, revise/update the estimate based on the designer’s current fees, or charge an additional fee to fit back into the designer’s schedule. Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension for any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of god, etc., Please note that any delayed project over 30 days due to client revisions or content turnaround will be subject to project price changes based on current rates or an additional fee will be required to fit the project back into the designer’s schedule.
CONFIDENTIAL INFORMATION
ALL material that is considered confidential by either party shall be designated as confidential. Confidential information shall not be disclosed to third parties and shall only be used as needed to perform this agreement. Confidential information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.
RELATIONSHIP OF THE PARTIES
The Designer is an independent contractor and shall determine, in its sole discretion, the manner and means by which the services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorized to act as an agent or bind the other party except as expressly stated in this agreement. The designer and the work produced or deliverables that were prepared by the designer shall not be deemed as work for hire as defined under copyright law. All rights granted to the client are contractual in nature and are expressly defined by this agreement.
REPRESENTATIONS AND WARRANTIES
The client represents and warrants to the designer that to the best of the client’s knowledge, use of the client content does not infringe the rights of any third party. The designer represents and warrants to the client that to the best of the designer’s knowledge, the deliverables will not violate the rights of any third parties. Except for the express representations and warranties stated in this agreement, the designer makes no warranties whatsoever.
INDEMNIFICATION AND LIABILITY
The client shall indemnify the designer from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in deliverables at the request of the client. The services and the work produced by the designer are sold “as is.” In all circumstances, the maximum liability of the designer, its directors, officers, employees, design agents and affiliates (“the designer parties”), to the client for damages for any and all causes whatsoever, and the client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of the designer. In no event shall the designer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by the designer, even if the designer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
DISPUTE RESOLUTION
Parties agree to attempt to resolve any dispute by negotiation between the parties. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in according with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state, or local law, statute, or regulation, excepting only actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in Los Angeles County, California, and shall be conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
ADDITIONAL POLICIES
The designer has the right to walk away from any transaction for the following reasons:
- Being threatened
- Harassment
If MLL Design + Branding Studio deems it necessary to walk away from the project, there will NOT be a refund issued due to time invested and booking of schedule.
MLL Design + Branding Studio will NOT be held responsible for your files after 30 days. Please back up your files immediately upon downloading them. Photoshop and Photoshop knowledge is required to edit and use branding/marketing materials and templates. You should have the basic knowledge of PS or PSE and be familiar with layers and clipping masks. The templates are saved in layered [.PSD] formatted files so that you can adjust colors, and customize the Marketing set to suit your needs. The templates provided and delivered are NOT compatible with Lightroom. If you do not have Photoshop or do not know how to use Photoshop, the “Print/Web ready” add-on can be purchased and PS will not be needed as you will receive the [.JPG] format as opposed to the [.PSD] formatted files.
These terms of services are subject to change at any time without notification. By purchasing any file or service from MLL Design + Branding Studio, or by paying an MLL Design + Branding Studio invoice you acknowledge reading, understanding and agreeing to this policy!