Terms Of Service Agreement

Please be sure to read and agree with our terms of service and privacy policy statement below before hiring us for any design work.

Feel free to contact us with any questions you may have regarding these policies.

Contract Agreement:

The client is commissioning Design Addiction Web Design as an independent contractor for the project of developing a web site. The client is responsible for providing accurate and reliable contact information. Failure to respond to us in a timely manner will result in a project delay. Failure of client to communicate with Design Addiction Web Design for a period of 30 days may result in the termination of the entire project without a refund.

Changes and Additions:

Any changes requested by client after agreed completion of work and upload of website may be subject to additional charges. If additional work is requested, it will be considered a separate work order and subject to additional charges.

Completion Date:

Design Addiction Web Design agrees to complete the web site in a timely manner as discussed during initial consultation. Constant and/or significant changes requested by the customer may delay the completion time.

Design Information:

All designs/layouts are created on a Windows Operating System in the most current version of Mozilla Firefox. All pages are tested in the latest versions of the most common web browsers; Mozilla Firefox, Internet Explorer, Safari and Opera for cross browser compatibility. Designs are offered "as is" and without warranty of any kind, including but not limited to, the client's ability or inability to use/edit the design once completed.

Web Design Files:

Once the site is complete, approved by the client and the balance is paid in full, we will send your web site files to you via email. *PLEASE KEEP A COPY OF THESE FILES. After the completion of project, files are removed from our system and we will not have access to your originals. Our web hosting company does create weekly backups of your site, however we do recommend still saving your original files to disc. You can also login to your client area at Siteground at any time and download the most current backup of your site files yourself. If you prefer, Siteground can do a complete backup or restore of your site at any time for an additional charge. Please see their website for current pricing on this service.

Payment of Fees:

Fees to Design Addiction Web Design are full payment of web hosting plan (if applicable) plus 50% deposit before the commencement of any contracted work. The entire amount of the work becomes due and payable at the time that the work is completed. For your convenience, we accept Visa, MasterCard, American Express, Discover, check or money order. All payments must be made in U.S. Funds. Please note: If paying by check or money order, there may be a delay in starting work on your project until funds clear. Non payment of any funds due to Design Addiction Web Design is subject to legal action.

Authorized Retailer:

2Checkout.Com is the exclusive authorized retailer of services provided by Design Addiction. From time to time, 2Checkout.Com may contact a client to verify that the client has indeed received products or services purchased from us through them with a credit card. This is a courtesy to protect the client from fraudulent activity to their credit card. A delay in the client's funds being released into our account may occur if this verification can not be made, which will in turn delay our services to the client, therefore if necessary, we request that you please verify with them as soon as possible should they contact you.

Returned Check Policy:

All returned checks/payments are subject to a $35.00 fee. (US Dollars)

Refund Policy:

In the event that a project is canceled by a client during the design process, or if for any reason you are not happy with the service from Design Addiction Web Design, you must request in writing that service be discontinued. All work will cease immediately and a prorated refund will be issued, excluding any hosting and domain registration fees, any purchased template fees or special fees for custom graphic design work. Once final approval has been given and site is uploaded to the client's server and is live on web, no refunds will be given thereafter.

Site Performance:

Client acknowledges and agrees that Design Addiction Web Design cannot guarantee the absence of web hosting service interruptions caused by circumstances beyond our control including, but not limited to, local telecommunications problems, line failures, or temporary down time for server maintenance or upgrades. The client also accepts that because web pages rely on delivery through a world-wide web of co-operating systems, any web site may temporarily experience interruptions from time to time.

Client acknowledges and agrees that Design Addiction Web Design cannot guarantee or be held responsible for the functionality or performance of any third party software or scripts such as shopping carts, forum systems, purchased web templates, etc. that are installed on a client's website. Design Addiction Web Design does not develop the coding for these products and we are limited in our ability to modify them. Client acknowledges and agrees that they must contact the author or company of the specific software or script for assistance in resolving any technical or performance issues of their product that is beyond our capabilities.

Copyrights and Trademarks:

The client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Design Addiction Web Design for inclusion in the web site are owned, or that the proper permissions were received by the client from the rightful owner to use these elements in the web site. The client further guarantees that Design Addiction Web Design will be held harmless, be protected from, and be defended from any claim or suit arising from the use of such elements furnished by the client.

Copyright to Web Pages and Artwork:

Design Addiction Web Design retains copyright on all custom design work. Any Artist/Photographer whose work is used in the design of a layout also retain their full copyright. Rights to photos, graphics, source code, work-up files, and computer programs remain the property of their respective owners. Design Addiction Web Design reserves the right to display your site information (link and/or screen shot) or any custom graphic work we design (concept work included) in our portfolio as an example of our work.

Site Content Restrictions:

We do not design sites that contain illegal content or promote illegal activity. Adult content is acceptable providing client complies with 18 U.S.C. 2257, which states all models, actors, actresses, and other persons who appear in any visual depiction appearing or otherwise contained in website, whether of sexually explicit conduct or otherwise, were eighteen (18) years of age or older at the time of the creation of such depictions.

Adult Content Legal Requirements:

For designs which require photographs of a person(s) or model(s), the client agrees to provide licensed images that they wish to be used for their design. The client hereby releases Design Addiction Web Design from any and all legal actions or monetary settlements arising from the client providing us with unlicensed images or content to be used for the development of their web design. All model(s) appearing in ANY images that the client provides for use in the construction of their design must be 18 years of age or older, and the client affirms that they have, maintain, or can gain access to records that confirm the legal age of the model(s) that appear in those images. We do not design graphics depicting beastiality, child pornography, or any actual violence that causes real harm to another person(s) body or any type of illegal sexual situations: (ie., rape, torture, murder). CLIENT IS LIABLE FOR ANY AND ALL LEGAL OR MONETARY RAMIFICATIONS ARISING FROM PROVIDING US WITH UNLICENSED IMAGES FOR THEIR DESIGN!! NO EXCEPTIONS.

Refusal of Service:

Design Addiction Web Design reserves the right to refuse service for any web site or material that that it feels is not legal or in the best interest of Design Addiction Web Design.

Termination of Service:

Design Addiction Web Design reserves the right to terminate a project at any time in the event it becomes impossible to continue a productive working relationship with the client. Client will be informed in writing in the event this happens. Hosting and/or domain registration fees, any purchased template fees or special fees for custom graphic design work are non-refundable.

Governing Law:

This contract shall be governed by the laws of the State of Ohio and the country of the United States of America, which shall claim venue and jurisdiction for any legal motion or claim arising from this contract. This contract is void where prohibited by law.

Privacy Policy:

Any information submitted to us by a client will never be shared, sold, reused in lists, or be used for any other purpose than to complete a transaction or address a customer service concern.

Client Acknowledgment:

Under penalties of perjury, client solemnly declares and affirms that they have read, understood and agree to all of the above statements and wish to conduct business with Design Addiction Web Design in a manner that acts within ALL of the statements presented in this agreement. Client also affirms that they have printed a copy of this policy for their records and will have it available for review and/or affirmation for the life of the design created under the terms of this agreement. By submitting payment to us, client acknowledges and agrees to all of the above terms and conditions.