Independent Contractor I am an independent contractor; and am not an employee, partner or affiliated with any company of you, the Client’s. I will provide graphic, blog and web design services under your direction; however, I retain the right to decide the manner and means that the services are accomplished.
Business Hours Tuesday thru Friday from 10:00am to 3:00pm CST. Ally B Designs is closed on Monday, Saturday, Sunday & Holidays. To keep a productive work flow going throughout the day, client calls & phone consultations are scheduled in advance between 10:30am and 2:30pm CST Tuesday thru Friday unless other arrangements are made. Design work done outside of my business hours is ONLY done at my discretion unless a premium is being paid for rush or after business hours services. Emails are generally returned during business hours, within 1 business day.
Proposal/Quote: The email received after your initial consultation will have a Quote attached and will serve as what I note as your “Proposal” throughout the entire process. The Proposal itself will be effective only for the period of time listed until the “due 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, the Proposal Acceptance Agreement, will serve as a binding contract between you, the Client, and myself in conjunction with the Proposal itself, along side 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 a specified number of concepts for each project as described in your Proposal. Out of the initial concepts presented to you, only 1 may be chosen to develop further. Once a concept is chosen to develop further you may receive up to 3 revisions for each project as included in your proposal. 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 mine.
Client Responsibilities • Email 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 email. Experience reflections and testimonials are welcome via email. It is imperative that you return all emails with detailed, constructive feedback within 2 business days via email to keep all projects moving forward smoothly. In the event, there is no response within 10 business days, I 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 my time and expenses in the event the Agreement has been terminated. I 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 myself. Once a project has begun and you have acknowledged by digital signature on your contract sent to you via 17Hats, 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 mine. I am 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 that are outside of the scope of our project. I am 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 me. Do NOT update your child theme. Please create a backup of any and all files before updating any and all plugins, frameworks, platforms, etc.
Completion • My project completion dates vary based on response times to my emails and the type of project being worked on. I prioritize and plan 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. All design briefs must be returned before any work will begin on a project. In general, the initial design process is the most lengthy potentially taking up to 5 business days for initial concepts to be delivered. Please allow up to 2 to 4 business days for revisions to be made and returned to you. For all rush/weekend/holiday services please inform me of the extent of the project, as well as the rush completion date, and expect to pay a premium for all rush services. Not all requests for rush/weekend/holiday services will be acknowledged and/or doable based upon my current schedule. You also agree that once final(s) have been released, distributed, reviewed and signed off, by you that I no longer hold 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, also acknowledge that you will incur any/all costs to remedy the error in any manner at no fault of mine.
Testing & Acceptance: I use and test web designs in the latest versions of these browsers: Chrome, Firefox, Safari on a Mac. I highly suggest 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. Once you have signed off on a project, I consider 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, I will consider the project to be in full working order and complete, at no fault of mine. Any changes or revisions requested and made after project completion and sign-off will be billed at my current hourly rate. All digital signatures made to online agreements signed by you, the Client, are considered legally binding.
Payment I accept credit card payments made via Dubsado or PayPal, our invoicing and credit card processing systems. Out-of-state checks are NOT accepted; all payments must clear before work can begin. A $100 fee will be charged for all returned in-state checks. 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. • Once work has begun, any amount paid 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 me (or said Client), at no fault of mine. 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. I reserve the right to put a hold on all projects and/or files until payment has cleared. In the event, I am working at an hourly rate, a 1 hour minimum is required with the current rate to be billed in 15 minute increments with a 7 minute minimum after the initial 1 hour minimum 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 said Client. In the event, a PayPal, 17hats or other dispute is filed against me or payment is overdue , I reserve the right to revoke all Client rights to the deliverables discussed in the Proposal and they will remain the property of Ally B Designs until the dispute is resolved. In addition, I reserve 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 me in any form is kept confidential at all times.
Additional Costs: 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; stock photography; stock graphics; and/or any other graphic or item not specifically listed in the Proposal.
Privacy: I respect the privacy of your personal & confidential information at all times. I take extreme caution to keep the information shared with me for billing & project set-up/installation purposes private & secure. Any payment information sent via PayPal or 17hats 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 my accounts or personal property are hacked or stolen, you will be notified immediately. In addition, any dispute filed against me 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 mine. Email subscription lists will not be shared or sold for any reason.
Promotions/Copyright: I retain the Copyright to any and all work completed by me in the event a project is terminated at no fault of my own or until full payment is made on all fees including: quote, additional fees, etc. incurred for the project. I will retain the right to reproduce, publish and display all work created for the Client in my 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.
Support: I subcontract a website developer who will provide support via email after the project completion date for a period of 30 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; or as deemed unreasonable by myself.
Hosting: I recommend SiteGround or Flywheel 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 WordPress 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.
These terms of service are subject to change at any time and/or at my discretion. Updated August 2017.
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