Terms Of Service
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 have any questions, please contact me before ordering 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 all generally 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.
(1a.) 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’re allowed 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 complimentary 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.
(1b.) 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 2-4 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 national holidays) after your payment has been received. Depending on the complexity of your website project as well as my current work load 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. If your project needs rushed, you must contact me before ordering to see if I can accommodate your timeline. Rushed projects will be subject to an additional cost based on your timeline and requirements. The time frame for other services may vary.
(3a.) I offer communication through email, phone, text messaging, the live chat feature on my website, and Skype chat (no video, no voice) during my normal business hours. If I don’t answer you right away, it’s likely that I’m busy helping another client or running errands and will respond as soon as I can. I prefer email communication as it allows me to keep track of our conversation history, however, you’re welcome to contact me using any contact method previously listed. Although rare, sometimes emails, text messages, and even voicemails can get lost or accidentally deleted on both ends. If you’re expecting to hear from me but don’t, please try reaching me again, possibly through an alternate contact method.
(3b.) When working on a project together, it’s your responsibility to make timely responses as well. If 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 that must be paid prior to resuming work on your project. This fee covers the time spent archiving and unarchiving each part of your project, including website files, databases, and correspondence. If you choose not to pay the reactivation fee, work on your project will not resume and you will not be entitled to a refund. In this situation, 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 accept PayPal, Visa, MasterCard, Discover, and American Express. Under certain circumstances and at my own discretion, I may also accepts personal checks, business checks, money orders, or cash in person. You must contact me first if you’d like to pay using an offline payment method to see if I can accommodate your request, however, I am not obligated to accept offline payment methods. Your project will not be started until your payment has been received and has cleared through the issuing bank.
(5.) Payment Plans
Full payment is required for work to begin on most projects. For projects with larger total costs, I may, at my sole discretion, accept a payment plan, however I am not obligated to accept a payment plan. Payment plan terms and eligibility are unique to each project and will be discussed and agreed upon through through an external agreement. If you accept a payment plan, the total cost of the project must be paid in full before you take possession of any works.
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.
The following list of services and/or products are not refundable unless otherwise outlined below:
(6a.) Website Hosting – Refunds will not be given on prepaid hosting terms that have been cancelled early. Instead, you will receive a pro-rated 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 products and/or services.
(6b.) Domains & Domain Related Services – Due to the nature of domains and domain related products and services, no refunds will be given and all sales are final.
(6c.) Search Engine Optimization (SEO) Services – Refunds will not be given once a payment has been made and work begins. If you paid for 2 or more months of Premium SEO, you can request a refund for any remaining, full months that have not yet started.
(6d.) 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 full refund if you’ve paid for a website or website related service, but work for that service has not yet been started. If you’ve made a 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 of the partial payment, and under certain circumstances, you may be liable for the remaining balance.
(7.) Payment Reversals, Chargebacks, & Disputes
(7a.) 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 to this agreement, to reach a resolution, so there’s rarely a need for drastic measures like chargebacks or payment reversals.
(7b.) 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.
(7c.) If you wish to continue working with Shawna Leigh Designs after a reversal has been initiated, no matter whether the reversal was initiated on purpose or by accident, you’ll be required to repay the reversed amount plus a service charge of $25 to cover financial institution fees.
(8.) Custom Price Quotes
If your project has specific requirements not outlined elsewhere, you can request a custom price quote. Custom price quotes are valid for a period of 30 days. After 30 days, you’ll need to request a new price quote. 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 normal hours of operation are Monday through Friday from 8:00AM to 5:00PM Eastern Standard Time excluding national holidays. Although I frequently work after hours and on weekends, I am not obligated to take phone calls, respond to text messages, respond to emails, or send project updates outside of my normal hours of operation.
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.) Website Design Credit
I add my link to the footer of each website that I build, that links back to the Shawna Leigh Designs website. By ordering any type of website design service from me, you understand and agree that this link may not be altered or removed without my permission. If you don’t want this link to be included in the footer of your website, you’ll need to pay for the Link Removal, which is a one-time fee of $25.00 per website.
(14.) 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.
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