San Diego Web Designer
 

Terms of Service:

1. Hours of Operation.
Email and/or phone will be the primary form of communication between the hours of 9am-6pm Monday-Friday PST. Replies to emails and phone messages will be done in less than 24hrs. except on weekends or agreed upon in writing.

2. Website Packages and other Pricing.
A "Web Package" price has a base price for specific features and does not include any client changes/add-ons above and beyond them which could increase the package cost unless notated in the invoice. Any variation to a standard package is a "customized" web package. Discounts in prices are also a "customized package" or "custom features" for a client and may not include all features of a regular package. Website hosting is not included in package pricing and is billed seperately.

3. Work Expectations.
Websites take lots of forethought and planning before building if done properly and can take from two weeks to two months. It all depends the Client and how fast we get the content or authorization to proceed and our current workload. Updates or edits to work requested by Client should be started in less than 36hrs. depending on current work load. If the work requires immediate attention a Rush Fee may be charged at a agreed upon rate and will be invoiced seperately before work will commence.

4. Design Protocol.
Clients are shown 2 "mock-ups" and then choose one to go into production phase. If they don't approve of either they can cancel the project in writing and not pay the remaining balance. However, GB Design retains all rights to design work.  After the production phase they can make 1 last revision. Further changes beyond the original project invoice are considered add-on work and will incur extra cost and be invoiced seperately.

5. Content and images.
All content, photos, logos, and "back-end" *server programming to be provided by client unless otherwise agreed upon in writing. (*not typical, but if necessary)

6. Payments.
All payments are non-refundable as pre-production, mock-ups or "compositions" and production work is design work. Payment schedule is 50-60% initial down and the remaining balance due 7 days after the production phase.

7. Completion.
Final files will be uploaded to GB Design or other web hosting server upon completion (unless otherwise agreed upon in writing) after which, final payment or balance will be due within 7 days. Payments over 7 days due may incur a late fee of 10%.

8. Cancellation.
In the event that work is postponed, delayed or cancelled by the client, the client must send a email to gbdesigninc.com to formally do so or client will be responsible for the full remaining balance. GB Design shall have the right to retain all payments for consultations, mock-ups, "compositions" and production work completed through the date of cancel request, while reserving all rights under this Contract. In the event of postponing or delaying, the client will be required to pay 60% of the remaining balance due within 7 days or GB Design can cancel the project and keep the files. If the project isn't finished 14 days after that due date, then the remaining balance will be due immediately and files will be retained until final payment is received. In the event of cancellation, if additional payment is due, this will be invoiced and payable within 7 days of the Clients notification to stop work. The Client shall also pay any extra expenses incurred for work not yet billed (eg. printing costs for cards, etc.) and Client doesn't receive license to use work until final payment is made. In the event of a default in payment, the Client shall assume responsibility for collection and legal costs and GB Design retains all rights to work.

9. Copyrights and Licenses.
Upon complete payment, Client has a non-exclusive, personal, irrevocable and royalty-free license to use the software/work, but no right to sub-license the software/work to third parties. Client has the right to repair, maintain and upgrade the software/work in accordance with the requirements of the clients business. GB Design retains the exclusive copyright to software/work and to display graphics and other elements as examples of their work in their respective portfolios on and offline. Client agrees to allow GB Design to have a "Designed by" credit link/graphic at the bottom of their website in font-size no less than 7px high. This will enhance your web traffic due to the linking nature! GB Design may request removal of byline credit at any time.

10. Limitation of Liability.
Client assumes liability of all copyrights for content, photos, logos and graphics supplied to GB Design unless otherwise agreed upon in writing. Client hereby agrees that to the fullest extent permitted by law, Design Professional shall not be liable to Client for any special, indirect or consequential damages whatsoever, whether caused by Design Professional's negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including but not limited to, loss of use of equipment or facility, and loss of profits or revenue.

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GBDesignInc.com  - San Diego Web Design - San Diego, Ca  Phone: (858) 274-3711

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