Terms & Conditions
Services and Products
1. Girly by Design will provide consulting services to the Customer relating to the creation or modification of a Website.
2. Girly by Design will make available to the Customer all knowledge, information and expertise in its possession in performing the Services.
3. If the Customer wishes Girly by Design to perform any services other than those specified in the response to the Customer’s quote request, then Girly by Design is entitled to quote the Customer separately for the provision of those services and such quotes may be fixed price quotes or based on actual time spent and costs incurred by Girly by Design in the provision of such services.
Reporting & Communication
4. The Customer will designate a contact person who will be available to receive e-mails from Girly by Design for the purposes of discussing the status of the services and providing Girly by Design information for the purposes of completing the services.
5. Girly by Design will contact the Customer regularly and report to the Customer on the status of the Services.
Payment
6. Girly by Design will provide Services to the Customer and will be entitled to charge the Customer for such Services the amount indicated in the response to the Customer’s quote request which includes the services and products outlined in the response.
7. Unless specifically stated as a cost estimate, any quotes that are or have been given by Girly by Design are fixed price quotes.
8. The total rate specified in the response to the Customer’s quote request (the "Rate") is payable as described below unless previous arrangements have been made by both parties:
i. $50.00 upon acceptance by the Customer of this Agreement. After this payment, the Customer will be placed on the waiting list (if one exists).
ii. 50% on or prior to the project start date.
ii. Remaining balance upon Final Design Approval, prior to site launch.
* All monies are non-refundable.
Confidentiality
9. Girly by Design will not disclose to any third party or use other than for the purposes of this Agreement any information obtained during or in connection with the fulfillment of this Agreement which is of a confidential nature relating to the business, products, services, or business strategies offered or employed by the Customer.
Intellectual Property
10. Unless otherwise agreed in writing by Girly by Design, the copyright and all other rights relating to any services provided to the Customer will remain the property of Girly by Design or where applicable its licensors. Upon payment in full for the Services provided, Girly by Design grants the Customer a non-exclusive and non-transferable license to use the Intellectual Property for the Customer’s own business purposes.
11. The Customer must not modify, edit or recreate the design concept, without Girly by Design’s prior written consent.
12. In no event will Girly by Design be liable to any party including the Customer for any indirect, incidental or consequential damage in connection with or arising out of this Agreement (including for loss of profits, use, data, service interruptions caused by any circumstances beyond our reasonable control)
13. The Customer guarantees that any graphics, text, designs or any other information submitted to Girly by Design for the fulfillment of this Agreement are owned by the Customer, or that the Customer has permission to use them.
Non-Exclusive Services
14. The Customer acknowledges that Girly by Design is providing Services to the Customer on a non-exclusive basis and that Girly by Design may provide services of the same or a similar nature as the Services to any other party. This does not mean we will make a design identical to you, it means that we can provide services to any other party.
Termination/Cancellation
15. There are no refunds for customer’s cancellation.
Credit & Link Back
16. All designs will display a small credit link to Girly by Design. The Customer guarantees that the credit and link back will not be removed or modified. If the Customer would prefer not to have the credit and link back displayed on their website then, a one-time US$1,000.00 fee is payable to Girly by Design.
Technical Support
17. The Customer will receive free unlimited lifetime technical support via e-mail. This refers to answer any questions, not maintenance services.
Third Parties
18. The Customer takes responsibility for all costs associated with web hosting, SSL certificates, domain registration and any other third parties services or products. Girly by Design does not guarantee these services in any way.
By purchasing products or services from Girly by Design you understand and agree to the terms outlined in this Agreement.
Last Updated: 01/28/08
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