Terms of Service
Projects up to $400 require payment in full at time of purchase. Once payment has been made, the project will be assigned to a designer and placed in queue.
Projects greater than $400 may be divided into two equal payments for your convenience. If the two-payment option is chosen, the first payment of 50% is due at the time the order is placed. Once the first payment has been made, the project will be assigned to a designer and placed in her queue. Once an agreed-upon milestone has been reached, the remaining 50% balance is due. Once the balance has been paid, the remainder of the project will be completed.
No design work will be published on a client’s site until payment in full has been made.
All payments must be in US Dollars ($ USD) and must be made by credit card or through PayPal unless prior arrangements have been made. Orders are put in queue according to when payment is made.
If your situation changes, and you need to put your project on hold, Berries and Cream Blog Design will lock in your quoted price for a period of 30 days from your estimated start date. After 30 days, it may be necessary to reassess your project if rates have changed. If you decide not to proceed, all deposits are forfeited. Any graphics, layouts or mock-ups will remain the property of Berries and Cream Blog Design and may be resold or redistributed as necessary.
Projects that are canceled more than 30 days before the project start date will result in a 50% refund. Projects that are canceled 30 days or less before the start date will not be refunded. Projects that are canceled after the start date will not be refunded. No exceptions will be made.
A revision is a minor change request, such as changing a font, pattern, or colors. A major change (such as requesting a different layout than the one you selected when you completed our questionnaire) is not a revision. That is a whole new design and requires placing a new order.
Up to 3 rounds of revisions are included free with every order. After 3 rounds of revisions have been requested, additional rounds of revisions will be priced at $60/hr.
Once a design has been approved and installed on the client’s site, the design is considered approved and completed. Any additional design changes requested after installation will incur new fees.
Once payment has been received and the design of your website has commenced, you must be available via e-mail, able to answer all questions and complete tasks throughout the design process. Almost all communication is via e-mail and not by phone, fax, postal mail or in person. This process often requires many quick back and forth emails. The quicker we can communicate, the quicker we can get your new design finished and installed.
Copyrights and Trademarks
Obtaining copyrights and permission for any photos or design elements provided by the client are the responsibility of the client. Berries and Cream Blog Design is in no way liable or responsible for those graphics or photos.
When providing artwork, graphics, or photos for use on your site, we require that you have license to use it. This means that it must be a royalty-free stock image or custom designed artwork where the original illustrator, photographer, or artist has given you permission to use their work on your site. This will apply to artwork we choose for you as well.
As the client, you are authorizing Berries and Cream Blog Design to install any scripts, software or programs relevant to the web design project and to access your account via either your hosting service panel or external FTP. You shall agree to provide Berries and Cream Blog Design with the login information and passwords necessary to access your website.
Credits & Usage
All graphics, illustrations, and layouts are intended to be kept whole as given to you. Work done by Berries and Cream Blog Design may not be used by anyone else but the specified client on the domain for which it was originally designed. All preliminary designs to include graphics, layouts, etc., which are not selected by the client remain the full property of Berries and Cream Blog Design and may be used in future projects for other clients.
Berries and Cream Blog Design retains all rights to display artwork in portfolios and advertising materials. E-mail testimonials from clients may be posted on BerriesAndCreamBlogDesign.com.
All website and blog designs by Berries and Cream Blog Design require a text link or a graphic link back to Berries and Cream Blog Design unless other arrangements have been made. The client guarantees that links back to Berries and Cream Blog Design will remain in place until such time as that website design is no longer published on the Internet. Removal of this link is in violation of this agreement and subject to breach of contract.
Ownership of final artwork designed by Berries and Cream Blog Design on behalf of the client will be transferred to the client upon final payment, unless otherwise specified by Berries and Cream Blog Design. This does not include code or software. Copyright on all software and code remains the property of Berries and Cream Blog Design or its otherwise respective owner.
Berries and Cream Blog Design will retain a copy of the template and graphics for client for 12 months in the event of a catastrophic event.
Berries and Cream Blog Design designs to meet the standards that comply with the latest browser versions and is not responsible for inconsistencies that may appear when older browser versions are used.
Any web site we create will be viewable in current versions of Microsoft Internet Explorer, Mozilla Firefox, and Safari. We cannot guarantee error-free viewing in any browser that includes third-party plug-ins.
Compatibility is defined herein as all critical elements of each page being viewable in these browsers. Client is aware that some Internet technologies may require a more recent browser version, operating system, and brand or plug-in.
Berries and Cream Blog Design will not negotiate charge backs with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.
Any service purchased from Berries and Cream Blog Design is provided ‘as is’ without warranty of any kind that the web design project will be uninterrupted or error-free. In no event will Berries and Cream Blog Design be liable to you or any third party, on any legal theory for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use of any Berries and Cream Blog Design service, graphic or code, or the use of any hosting service, service provider, telecommunications carrier, internet servers, third party e-commerce programs, or your site visitor’s computer or internet software, including, without limitation, service interruptions caused by Acts of God and/or Nature, or any other circumstances beyond our reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
Berries and Cream Blog Design will make no warranty to cover AOL, text-based or old browsers or requested special effects that have been advised against.
Hours of Operation
Our normal work days are Monday through Friday. Each designer sets her own hours. If you require maintenance outside of your designer’s normal hours, such as on weekends or holidays, you will be charged our base rate of $60 per hour with an additional charge of $30.00 per hour for after-hours assistance.
If your project’s deadline requires a designer to work outside of her normal business hours, a rush fee (30% of the order total) will apply.
While we strive to quickly complete orders, Berries and Cream Blog Design does not guarantee a time frame to complete your order. All time frames given are estimates only and are subject to change.
All correspondence and documents provided will be treated as confidential between the client and Berries and Cream Blog Design.
These terms and conditions supersede all previous representations, understandings or agreements. Terms are subject to change.
Berries and Cream Blog Design reserves the right to refuse to design for any site with adult content or any other content we deem objectionable. We will not accept projects that we find morally questionable, unethical, or distasteful.
Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Exclusive jurisdiction and venue is as governed in the district court of Craven County, NC.
Please note that by submitting your payment for our services you are agreeing to all of our terms of service as written here. Berries and Cream Blog Design reserves the right to change or update these terms at any time without prior notice.
Please contact us if you have any questions or comments regarding this policy.