Terms of Service
We’re thrilled you’ve decided to use DesignLoyal’s WebDWY product for your new project or service. We’ve drafted these terms so you’ll know the rules that govern our relationship with you.
Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. That’s because these Terms do form a legally binding contract between you (referenced hereafter as “Company” or “Client”) and DesignLoyal’s WebDWY (www.designloyal.com) product, so please read them carefully.
Commencement of the Project: DesignLoyal agrees to start the project once this Terms of Service is approved (check box), the initial payment is received, and all requested information and materials are provided.
Project Completion: DesignLoyal agrees to complete the project in a timely manner (not more than 20 business days) as discussed in commencement baring instances of a force majeure. We may contract additional persons in order to maintain deadlines and project completion. We remain the sole point of contact on all communication and agrees to communicate with the Company clear steps that will lead to the completion of the project.
Copyright Usage: The rights granted to Company are for the usage of the final design in the original state only, and for web based projects, on the original URL only. DesignLoyal retains all copy and usage rights to preliminary designs. Any additional use by the Company requires an arrangement for payment of a separate fee. Grant of copyright is conditioned upon receipt of all payments, and the Client’s compliance with the terms of this agreement.
Revisions/ Edits: Revisions and edits may be made only by DesignLoyal. Upon completion of the first draft of the project it will be presented to the Company for review and up to 2 revisions can be made at that time. Additional fees will be charged for revisions made after 2 preliminary design revisions or revision requests or an excess of 4 hours of labor (unless otherwise stated in the selected package).
Invoice: Any listed and billed amount from DesignLoyal which outlines an amount due for Services.
Payment Schedule: Unless otherwise stated all project payments (setup and first month’s fee) are due upon signup, before the project is started (this locks you into our work queue, once all requested content is provided), with the next monthly payment due 30 days after initial payment.
Payment Terms: All monthly payments are due upon signup unless otherwise agreed. A $10 monthly service charge will be added for payments more than 15 days past due.
Cancellation Fees: All initial contracts are for a period of 12 months unless stated otherwise in the initial invoice. In the event of early Cancellation, DesignLoyal will be compensated for services performed through the date of cancellation and a prorated portion in the amount of 70% for any remaining contract months. Upon cancellation of payment in full all rights to the website transfer to the Company along with full rights to all completed original art – excluding sketches, comps, or other preliminary materials.
Credits and Promotion: A credit line suitable to the design of the content will be included and displayed at the bottom of all content. We reserve the right to include weblink, references, or screenshots of the completed work in our portfolio and marketing materials.
Permissions and Releases: The Client agrees to indemnify and hold the DesignLoyal harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the design at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
Fair Use Policy: It is understood that all services have use policies, any abuse of this fair use policy will result in service review and additional fees as outlined in our fair use policy. The fair use policy is listed as part of this terms of service agreement and can be viewed at: www.webdwy.com/use
Miscellaneous: This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by a writing signed by both parties, except that the Client may authorize expenses or revisions orally. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/ or binding arbitration through the American Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of California and courts of such state shall have exclusive jurisdiction and venue.
10.2.2019 last update