Project Terms & Conditons
Last updated: Jun 16, 2021 2:12 PM
Acceptance of Terms & Conditions
Acceptance of a proposal from Easy Artisan Websites constitutes agreement to these terms and conditions.
Amendments To These Terms & Conditions
Any and all amendments to these terms and conditions must be provided in writing by The Client and signed by an authorized representative of Easy Artisan Websites prior to the commencement of work outlined in this submission.
Fees for Any Service
Proposals cover services as described only, and include estimates based on all information available at the time of quoting. Outside costs such as additional website pages, application setup, and stock photography, will be billed separately.
If any work is anticipated to exceed estimated costs as outlined in the proposal, Easy Artisan Websites will obtain the approval of The Client before proceeding with the work; alternatively, The Client may decide not to include said work.
Payment For Any Service
The Client agrees to pay a 50% deposit to book a project in my calendar and commence work, with the remaining balance due at project completion. If the work time exceeds 45 days in duration, The Client agrees to a progress payment of 25% 45 days from the start date, with the final 25% due upon completion. New websites will not go live until the final balance is paid in full.
Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by The Client, this deposit is non-refundable. Easy Artisan Websites endeavors to provide graphic and web design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by The Client, the initial 50% deposit is forfeited, plus an additional pro-rated payment based upon the time spent.
Any Additional Work
This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign-off by an authorized representative of The Client.
From time to time The Client will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of $99USD per hour will be payable.
Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Urgent work requested outside of the scope of the Services which is required outside of ordinary business hours or to the detriment of concurrent work for other clients will be charged at an hourly rate equaling $99 + 25% per hour.
Publication and/or release of work performed on behalf of the client by Easy Artisan Websites may not take place before cleared funds have been received.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the client terminates the contract after work has commenced.
Resending Completed Files
If a client loses or accidentally deletes the files delivered by Easy Artisan Websites at the completion of the project, Easy Artisan Websites can re-send files for a fee of $50 per request.
Approval of Any Final Artwork
While Easy Artisan Websites takes all care to avoid errors, Easy Artisan Websites accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. The Client is to proofread and approve all final copy before the production of artwork.
The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation, or installation. No refunds or reprints are given after a final approved design has gone to print due to oversights by The Client’s proofreading.
Print Returns and Refunds
It is agreed that Easy Artisan Websites is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print, or posted in view of the public. Easy Artisan Websites will not be held responsible for any changes or amendments made after approval. It is the sole responsibility of the client to notify Easy Artisan Websites of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform Easy Artisan Websites within 3 days of product acceptance and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
As with all print projects, payment for re-printed projects MUST be prepaid.
Print – Color Variations
With all printing, there may be some color variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing systems. There will be no reprints at the expense of Easy Artisan Websites.
Copyright To Any Works
Licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of Easy Artisan Websites until such time an agreement is in place.
Easy Artisan Websites retains full ownership of design concepts and materials it produces. Only finished art files suitable for reproduction will be supplied to The Client.
Raw/working/source files remain the property of Easy Artisan Websites unless otherwise negotiated. ‘Finished artwork’ is as defined in the proposal and is dependent on the scope of work. Raw/working/source files are defined as the files used to create the finished artwork and/or directly editable files unless otherwise specified.
Once a concept is approved, finished artwork is delivered to a client and full payment is received, the agreed ownership rights to the finished artwork are transferred to the client. Unused concepts remain the property of Easy Artisan Websites and include design proposals and concepts submitted but not approved for the work outlined.
Until final payment, Easy Artisan Websites retains ownership of all artwork and website architecture. Easy Artisan Websites reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, color palettes, and other non-exclusive items.
Easy Artisan Websites reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of Easy Artisan Websites all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, websites, or printed materials without permission. For additional usage, the price will be assessed and quoted as needed.
Easy Artisan Websites reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected), and revisions for the purposes of promoting Easy Artisan Websites in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
Social Media Artwork
Easy Artisan Websites has no control over the policies of Facebook, Twitter, YouTube, LinkedIn, and all other social media channels being utilized for campaigns. Easy Artisan Websites has no say with respect to the type of content that social media channels accept now or in the future.
You acknowledge that Easy Artisan Websites makes no warranty that any Social Media artwork will generate any increase in sales, business activity, profits, or any other form of improvement for your business or any other purpose.
You guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Easy Artisan Websites for inclusion in any Social Media graphics are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements.
Website Design – Credit
The Client agrees to allow Easy Artisan Websites to place a link to Easy Artisan Websites’ own website on the customer’s website. This will be in the form of a small logo or line of text placed in the footer or towards the bottom of each website page.
The Client also agrees to allow Easy Artisan Websites to place websites and other designs, along with a link to the client’s site on “Easy Artisan Websites’” own website for self-promotional purposes.
Website Design – Post Completion Alterations
Once web design is complete, Easy Artisan Websites will provide the customer with the opportunity to review the resulting work. Easy Artisan Websites will make one set of minor changes at no extra cost within 14 days of the start of the post-review period. Minor changes include small textual changes and small adjustments to the placement of items on the page. It does not include changes to images, color schemes, or any navigation features. Any minor changes can be notified to Easy Artisan Websites by e-mail and confirmed by phone.
Easy Artisan Websites will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. An hourly fee after this time for tweaks and amendments is payable of $99 USD.
Open Source Software
Easy Artisan Websites makes extensive use of open-source software and components to supply websites and services to you. Easy Artisan Websites will not charge additional licensing fees on open-source software.
You indemnify Easy Artisan Websites against any loss or damage arising directly or indirectly from any failure of software supplied to you.
All software and components not developed by Easy Artisan Websites retain the original license and terms associated with them. Easy Artisan Websites cannot assign any rights to you and you agree to be bound by the original Author’s terms.
Easy Artisan Websites is not responsible for open source software upgrades where old versions of the software are no longer supported and as such pose a security risk to the website. Open-source software upgrades can be undertaken by Easy Artisan Websites at an additional cost (Website Care Plans) outside of the scope of this agreement.
As the standard open-source software used by Easy Artisan Websites, you are required as a part of this agreement to read about WordPress licensing and security upgrades or other open-source software applications as advised by Easy Artisan Websites.
Plugins & Themes
There are core programming elements we retain ownership of within your website such as your premium theme and plugin developer licenses.
We provide you a non-exclusive, unlimited license to use these elements for the life of your website, or indicated subscription period. These licenses are not transferable to any other persons or domains.
Premium plugins used on your website may be subject to annual renewal fees which will be indicated in your proposal. You will receive an invoice 30 days prior to the renewal date. Prompt payment will ensure you do not lose any functionality on your website.
Website Care Plans
Technical support and content management is regularly billed at $99 USD per hour, with a 1-hour minimum. Each care plan has a different amount of technical support and content management built into your monthly subscription fee.
There is no contract on month-to-month care plans and you are free to cancel at any time.
Get 2 MONTHS FREE when you pay for the year in advance. 2 MONTHS FREE plans require 30 days’ notice to cancel. You will be refunded the balance on your account less the difference between the annual plan and the month-to-month plan price.
Technical support is defined as any work performed to maintain the integrity of the website if problems should occur. Content updates are defined as any work done to change or enhance the content of the website. Design updates are defined as any work done to change or enhance the design of the website.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client canceling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Easy Artisan Websites. This is to cover design and administration time spent, resources purchased and allocated research time, and administration costs.
If the project is more than 50% completed (this is determined by Easy Artisan Websites and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $99 USD per hour.
If a project is canceled by Easy Artisan Websites, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork shall be returned and retained by Easy Artisan Websites.
Limitation of Liability
Liability is limited to fees paid and only for gross negligence. There is no liability for consequential damages and there are no implied warranties.
The Client agrees that it shall not hold Easy Artisan Websites or its agents or employees liable for any incidental or consequential damages that arise from the failure to perform any aspect of the project in a timely manner, or that result from causes reasonably beyond the control of Easy Artisan Websites or its agents or employees.
It is agreed that employees of Easy Artisan Websites shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of The Client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of The Client.
Freelance Contractors and Confidentiality
All contractors employed by Easy Artisan Websites are held to a strict confidentiality and non-disclosure agreement. Contractors of Easy Artisan Websites are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with Easy Artisan Websites.
Easy Artisan Websites aim for the complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict Easy Artisan Websites guidelines of professional behavior and ethics.
Late Payments and Default
Accounts that are not paid within 14 days of billing will incur a late administration fee of $25 USD. Accounts that remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
An account shall be considered in default if it remains unpaid for 45 days from the date of invoice or The Client has stated expressly that they do not intend to pay an invoice by “Easy Artisan Websites “unless prior arrangements have been made.
Easy Artisan Websites shall at its sole discretion suspend any and all services provided to the client by Easy Artisan Websites or its subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid.
This includes any and all unpaid monies due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers, and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until the client has paid for their invoices in full.
The Client whose account is in default agrees to pay Easy Artisan Websites reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
Easy Artisan Websites retains all copyright for work performed until full project costs have been paid. Easy Artisan Websites reserves the right to reuse or resell work undertaken in the case of a payment default.
Easy Artisan Websites accepts no liability or responsibility for loss of income or damage to the client for work removed from third-party servers, as a result of non-payment and The Client will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
Easy Artisan Websites shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Easy Artisan Websites including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Web design, graphic design, strategy, photography, and marketing are all highly creative and subjective art forms.
As such Easy Artisan Websites take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however, Easy Artisan Websites cannot be held responsible for variations between expectation and outcome.