Terms Of Service
Last Updated July 29th, 2020
This Terms Of Service Agreement (“AGREEMENT”) outlines everything you need to know about Shawna Leigh Designs (“ME”, “MY”, “I”) products and services in clear, easy to understand sentences. The purpose of this agreement is to inform you, so that you know what to expect when working with Me. Although this agreement is easy to understand and does not use complex legal terms, this Agreement is legally binding. When you order any product or service from Me, you are bound by this Agreement. If you do not agree to the terms outlined in this Agreement, do not order or otherwise pay for any product and/or service offered by Shawna Leigh Designs. If you don’t understand something contained within this Agreement or if you have any questions, please contact Me before paying for any product and/or service.
1. Design Process For Design-Related Services
To ensure you’re comfortable with My design style, I offer a full portfolio of various works to review before ordering My design services. The design process for each service may vary, however, they generally all begin with a short questionnaire. The actual questionnaire will vary depending on the service ordered, but it’s purpose is to help Me understand exactly what you want and/or need.
1.1 Design Process For Websites Once I receive your payment and the completed questionnaire, I’ll begin working on your website on My development server. Once the initial design is sent for you to review, you have unlimited revisions on the design for a specific time-frame as outlined with each website service (Basic WordPress Package: 30 Business Days, Professional WordPress Package: 45 Business Days, eCommerce WordPress Package: 60 Business Days, and other website design packages as outlined in their respective package details). Once your desired revisions are complete and you’re satisfied with the design, I’ll transfer the website to your hosting account to make it live and viewable on the web. Once a website is transferred to your hosting account, the design process is considered complete unless otherwise specified and I am no longer obligated to fulfill additional requests. If the website design package that you ordered includes extended support and/or updates, the specified time-frame for that support will begin immediately as soon as the website is live and viewable on the web.
1.2 Design Process For Logos Once I receive your payment and the completed questionnaire, I’ll begin designing your initial logo concepts. It can take up to 5 business days to complete the initial logo concepts. The No Limits Logo Design Package includes unlimited design concepts and revisions until you’re satisfied. The Budget Logo Design Package is limited to 3 design concepts and only 1 revision. These limits are strictly enforced. You can upgrade from the Budget Logo Design Package to the No Limits Logo Design Package if you exhaust your design and revision limits by only paying the difference. Once you’re satisfied with your logo, I’ll ask for approval to finalize. Once final approval has been given, I’ll finalize your logo files, which can take up to 3 business days. Once a logo has been finalized, no further changes or revisions can be made to it without incurring additional costs.
2. Time Frame
The average build time for a general website is 3-6 weeks, however, the actual build time will vary based on factors such as complexity, communication, additional requests, and unforeseen circumstances. Due to these time affecting factors, I cannot guarantee how long it will take to complete your website project. It’s always my goal to complete projects as quickly as possible. Your project will be started on the first business day (Monday-Friday excluding observed holidays) after your payment has been received. Depending on the complexity of your website project as well as my current workload and unforeseen circumstances, it may take up to 2 weeks to receive your initial design. If there is anticipation of a delay or if a delay is imminent, I will contact you with a status update.
2.1 Rush Fee If your project needs to be rushed, you must contact Me before ordering to see if I can accommodate your time frame. All rushed projects are subject to an additional fee based on the type of project, the amount of work involved, and your desired timeframe. If you have already placed an order without confirming a timeframe, there’s no guarantee that your project will be completed within your desired timeframe. If at any time during the course of a project, you determine that a project needs to be rushed, or otherwise finished sooner than expected, you will be subject to a Rush Fee. In some cases, it may not be possible to complete a project within your desired timeframe. Due to a number of factors that are out of My control, paying a Rush Fee does not necessarily guarantee that your project will be completed by a certain date.
3.1 Available Communication Methods I offer communication through email, phone, text messaging, the live chat feature on my website, and Skype chat (text chat only) during my normal business hours. If I don’t answer you right away, it’s likely that I’m busy helping another client, running errands, or you reached me outside of my normal business hours. If you would like me to return a phone call, you must leave a voicemail. If you do not leave a voicemail, I will not call you back. In any event, I will always respond to you as quickly as I can during my normal business hours.
3.2 Lost AND/OR Missing Communication Although rare, sometimes emails, text messages, and voicemails can get lost or accidentally deleted on both ends. Technical issues with chat or instant message software may also inhibit communication. If you’re expecting to hear from me but don’t, it’s your responsibility to make contact with me via one or more of my Available Communication Methods (listed above in section 3.1) until you reach me. If I am expecting to hear from you, but don’t, I will make reasonable efforts to contact you via email and/or phone, if a phone number is available for you. This is limited to one email and one phone call, along with a voicemail as long as your voicemail is set up and not full. If I am unable to leave a voicemail, I will make one additional attempt to call you during My normal business hours on any following business day.
3.3 Project Archiving If for any reason I do not hear from you for 30 days, your project will be considered abandoned and will be archived. If you would like to resume your project, there will be a fee of $75 (“Project Archive Fee”) that must be paid prior to resuming work on your project. The Project Archive Fee covers the time spent archiving and unarchiving each part of your project, including website files, databases, correspondence, and other items related to your project. If you choose not to pay the Project Archive Fee, work on your project will not resume and you will not be entitled to a refund. In this scenario, you may request a copy of your website project (website files and database) to be provided to you as-is, without any warranty or further support. In the event you need to take time away from a project for any reason, simply let me know so that your project does not get archived.
4. Accepted Payments
I primarily accept PayPal, Visa, MasterCard, Discover, and American Express. Under certain circumstances and at My own discretion, I may also accept the following alternative payment methods; Zelle®, Personal Checks, Business Checks, Money Orders, Cash In Person. To make a payment via one of these alternative payment methods, you must contact me to see if I am able and willing to accommodate your request. Otherwise, you must make your payment through a primarily accepted payment method. Your project will not be started until your payment has been received and has cleared through the issuing bank. I do not accept any payment method that has not been listed.
5. Payment Plans
In most cases, your full payment is due before I can begin working on your project. I do not accept payment plans for projects with total costs less than $600. For projects totaling $600 or more, I may, at my sole discretion, accept a payment plan, however, I am not obligated to accept a payment plan.
5.1 Payment Plan Eligibility Your account with Shawna Leigh Designs must be in good standing with no outstanding balances and no history of seriously delinquent payments. In some cases, only a part of your total project cost may be eligible for a payment plan. Some services are not eligible for a payment plan at all. If a payment plan is available for a particular service, it will be displayed within the details for that particular service. If you are unsure whether or not a payment plan option is available for a particular service, you can contact Me for confirmation.
5.2 Payment Plan Terms Payment plan terms and eligibility are unique to each project and will be discussed and agreed upon through an external agreement. If a payment plan is accepted for your project, you’ll be required to make the first payment before I begin working on your project. Invoices for each remaining payment will be generated within your account, which must be paid by the agreed upon dates and/or project milestones. If you fail to make a payment as originally agreed to, work on your project will be halted until you make the required payment as agreed to. The total cost of your project must be paid in full before you take possession of any work which includes, but is not limited to; transferring websites, files, or databases to a web server.
Refunds will be treated in accordance to this agreement. Some products or services may not be eligible for a refund. If at any time you are refunded for a product or service in whole or in part, you immediately lose the rights and ownership to said products or works created by Shawna Leigh Designs and all rights and ownership for created works shall be transferred back to Shawna Leigh Designs unless otherwise specified.
There are absolutely no refunds for any reason after 30 days.
The following list of services and/or products are not refundable, regardless of the timeframe, unless otherwise outlined below:
6.1 Website Hosting Refunds will not be given on prepaid hosting terms that have been cancelled early. Instead, you will receive a prorated credit for any remaining full months of service that you have prepaid for. Credits will be added to your account and can be used towards the purchase of any future applicable products and/or services.
6.2 Domains & Domain Related Services All sales are final. Due to the nature of domains and domain related products and services, no refunds will be given and all sales are final. This includes but is not limited to; domain registrations, domain transfers, domain renewals, privacy protection services, domain redemption fees, and domains that were registered, transferred or renewed in error.
6.3 Website Design & Website Related Services When you purchase a website design or website related service, there’s a lot of time and resources allocated to your project. Because of this, there’s no refunds on any website design or website related services and all sales are final, with the following exception: You are entitled to a refund of all monies paid for a website or website related design service, but work for that project has not yet been started and; your project is not considered abandoned or archived as described and set forth in section 3.3. If you’ve made a full or partial payment toward any website design or website related service, then later decide for any reason that you would like to discontinue or otherwise cancel the service, you are not entitled to a refund and under certain circumstances, you may be liable for any remaining balance.
7. Payment Reversals & Disputes
Credit and debit card issuers require consumers to attempt to resolve any issues directly with a merchant before opening a chargeback or payment reversal. With that being said, you must attempt to resolve any issues with me directly before opening a chargeback, filing a dispute, or otherwise reversing a payment. I am always willing to work with my clients in accordance with this agreement, to reach a resolution.
7.1 Payment Reversals If you reverse a payment previously paid to Shawna Leigh Designs, you immediately lose the rights and ownership to any product and/or service or works created by Shawna Leigh Designs and all rights and ownership for created works shall be transferred back to Shawna Leigh Designs. Furthermore, you’ll be required to cease the use of the said works immediately. In some cases, you may still be liable for the original purchase amount.
7.2 Resolving Payment Reversals If you wish to continue working with Shawna Leigh Designs after a payment reversal has been initiated, no matter whether the payment reversal was initiated purposely or by error, you’ll be required to repay the reversed payment amount plus a service charge of $25 to cover financial institution fees.
8. Custom Price Quotes
If your project has specific requirements, you can request a custom price quote. Custom price quotes are valid for a period of 30 days and cover only what’s included in the scope of the work. Any changes made to the scope of the work will nullify the original quote and a new custom quote will need to be obtained. Shawna Leigh Designs is not obligated to honor a price quote that is more than 30 days old. Custom price quotes are always free and there’s no obligation to purchase anything.
9. Hours Of Operation
My hours of operation are Monday through Friday from 8:00am to 5:00pm Eastern Standard Time. Shawna Leigh Designs is closed on the following list of holidays throughout the year; New Year’s Eve, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve, and Christmas Day. Although I frequently work after hours and on weekends, I am not obligated to answer phone calls, respond to text messages, respond to emails, or send project updates outside of my standard hours of operation.
10. Website Compatibility
All website projects will be tested and compatible with the latest versions of Mozilla FireFox, Google Chrome, Microsoft Edge and Safari at the time of your project completion. Shawna Leigh Designs does not guarantee compatibility on any browser not previously listed, older versions of those previously listed, or that your website will be continuously compatible. You can hire Shawna Leigh Designs at a rate of $50/hour to fix browser related issues after your project is completed, should any issues arise.
11. Search Engine Optimization (SEO)
Due to the nature of Search Engine Optimization (SEO), I do not guarantee results and I do not guarantee that your website’s ranking will not drop, or that your website won’t be penalized by search engines. Search engine algorithms that determine ranking are constantly changing and are mostly kept private by the large search engine companies. It’s because of this reason that you must assume all risks when ordering any SEO related services from Shawna Leigh Designs.
12. Copyright & Ownership
Shawna Leigh Designs transfers all rights and ownership of custom designs, programming, graphics, and other visual elements that have been created or written by Shawna Leigh Designs specifically for the client’s project, to the client upon completion of the project. Any elements, software, graphics, stock photography, or programming owned by third parties shall remain under copyright of their respective owners. Shawna Leigh Designs reserve the right to display and/or link to any projects that Shawna Leigh Designs is commissioned to build or create on blog posts, social media websites, print media, and various websites throughout the internet. Shawna Leigh Designs reserves the right to resell custom designed websites that remain unpaid for by the original client, unaccepted mockups, or other graphics created by Shawna Leigh Designs that are not in legal use by the client.
13. Portfolio Clause & Website Credit Link
13.1 Portfolio Clause When I create any type of work(s) such as, but not limited to; website designs or logo designs, I reserve the right to showcase my work(s), both online and offline. This includes but is not limited to, online portfolios, advertisements, social media posts, and offline media. To opt out, see section 13.3 below.
13.2 Website Credit Link I add my link to the footer of each website that I build, which links back to the Shawna Leigh Designs website. For as long as you are using my mostly-unaltered design, this link may not be removed, hidden, or altered in any way without permission. To opt out, see section 13.3 below.
13.3 Opting Out Of Portfolio Clause And/Or Website Credit Link If you do not want Me to use the work(s) that I created for you in accordance with the Portfolio Clause, Section 13.1 and/or don’t want the Website Credit Link in the footer of your website as described in Section 13.2, you can pay a one-time fee of $25 (“White Label Service Fee”) per project to opt out. By paying the White Label Service Fee, I will not showcase the work(s) that I created for you and there will be no reference to Shawna Leigh Designs on your website and/or project.
14. Intellectual Property
All content on and of this Website is Copyright © 2020 Shawna Leigh Designs. All Rights Reserved. This Website, and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, files and the selection and arrangement thereof (collectively, ” Content “) are the proprietary property of Shawna Leigh Designs and are either registered trademarks or trademarks of Shawna Leigh Designs in the U.S. and/or other countries. Other logos and product or company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.
If you are aware of an infringement of our intellectual property, please let us know by contacting us at email@example.com.
15. Agreement Acknowledgement
By making any type of payment, in full or in part, for any product or service offered by Shawna Leigh Designs, you acknowledge that you fully understand and agree to be bound by the terms within this agreement.
We reserve the right to amend this agreement at any time without any prior notice to you. The latest version of this Terms Of Service Policy can always be found at https://www.shawnaleighdesigns.com/terms-of-service
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