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Terms & Conditions


Assumptions

All content (text, video, images, etc.) to be used in this project provided by Client must be free of copyright restrictions, reviewed and approved, saved as electronic formats. All stock photos, and other third party components and applications will be billed separately.

Changes

Work not described in this proposal, including but not limited to changes, revisions, corrections, alterations and additional designs and programming features, will be billed as an additional cost at the hourly labor rate specified in the contract. Designtech Studio, LLC. may extend or modify any delivery schedule or deadlines due to requested changes. If Client requests or instructs changes that exceed the time required to produce the deliverables, and or the value or scope of the services, Designtech Studio, LLC. shall be entitled to submit a new and separate proposal to Client for written approval. Work shall not begin on the revised services until a fully signed revised proposal and, if required, any additional fees are received. The Client shall offer Designtech Studio, LLC. the first opportunity to make any changes. If the Client or an agent other than Designtech Studio, LLC. attempts to update the website’s pages, infrastructure, or source files in a way that causes damage to individual pages or the site’s architecture, time to repair web pages will be assessed at hourly rate specified in contract.

Artwork and Code

Designtech Studio, LLC. holds rights to all code and concept designs created for the project. If Client wishes to acquire all preliminary design concepts along with final design, additional cost will be determined. Client shall not license/sell work produced to a third-party without prior written approval by Designtech Studio, LLC. Client will not have full rights to the final designs until payment has been made in full. Designtech Studio, LLC. retains all rights to promote designs and code produced for this project in its marketing and for portfolio purposes. Designtech Studio, LLC. shall receive a credit line with any editorial or development usage. Credit to
be cited should be shown as “Designtech Studio, LLC.” or similar, and may include promotional text and or the company logo.

Releases

Designtech Studio, LLC. assumes the Client has permission from the rightful owner to use any images or design elements that are provided for inclusion in the website, and will hold harmless, protect, and defend Designtech Studio, LLC. from any claim or suit arising from the use of such elements. The Client shall indemnify Designtech Studio, LLC. against all claims and expenses, including attorney’s fees, due to
the uses for which no release was requested in writing or for uses that exceed authority granted by a release.

Trademarks and Service Marks

Designtech Studio, LLC. assumes that the Client has performed research on the company name to be sure the name is not already in use and secure a trademark or service mark to protect the Client's legal rights to any name or image. Designtech Studio, LLC. is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.

Technical Specifications

Website files will be created to meet the specifications for Adobe Business Catalyst and its functionality at the time of development. Website files will be tested only on the latest and most popular versions of browsers at the time of development. Client is responsible for informing the development team at the contract signing, to include specific browser(s), if any. All proprietary technologies, code, or designs used on the project are copyrighted by Designtech Studio, LLC. and these items may be used for other and future projects for its clients.

Cost and Hours Estimate

The costs cited in this proposal are our best estimates given the information provided by Client. If additional information is forthcoming, the project specifications changes, or the scheduling changes, cost estimate may change.

Payment Terms

For detailed payment terms, see section above. If any agreed upon schedule is delayed longer than thirty days, Client will be billed for work completed to date. Final invoice will include costs incurred from third party. All invoices are payable within 14 days of receipt. A 1.5 percent monthly service charge is payable on all overdue balances. Client is responsible for all collection or legal fees necessitated by late or default in payment. Designtech Studio, LLC. reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. Designtech Studio, LLC. holds rights to terminate or temporarily remove website from being publically accessed if payment is not made in full.

Final Invoice

Final invoice is due regardless of Client’s decision to launch the site or not, after all the obligations have been met by Designtech Studio, LLC. Extended support agreement will be discussed and arrangements will be made when final invoice is sent to Client. Client is responsible for communicating plans for the launch of website during the project. Any changes requested by Client after the final invoice is emailed will be charged at hourly rate.

Limitation of Liability

Client agrees that it shall not hold Designtech Studio, LLC. or its agents or employees liable for any incidental or consequential damages that arise from Designtech Studio, LLC.’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Designtech Studio, LLC. or Client, any Client representatives or employees, or a third party.  Designtech Studio, LLC. is not responsible for fees charged by payment gateway, merchant account, or other third party providers.  Client agrees to inquire and setup necessary settings through these providers, such as fraud protection programs and settings. 

Cancellation

In the event of cancellation of this project by Client or their representatives, the fee paid is non-refundable. Client is responsible for any third party costs incurred up to the cancellation date. The estimated costs covered in this contract are for work not to exceed six months from time of signing. Should Client’s timeline for any part of this project exceeds six months, the contract will expire and another contract, with new fees, will be drafted. Designtech Studio, LLC. reserves the right to cancel the project at anytime due to unrealistic expectations or demands, or expectations or demands that were not in the original scope of work, or that were not clearly stated in original agreement. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by Designtech Studio, LLC.

Abandonment

If the Client fails to respond to information requests by Designtech Studio, LLC. via phone, email, or other communication methods for a period of 45 days, the project is considered abandoned and is closed. An administrative fee of $250 will be assessed if the Client wishes to re-open the abandoned project.

Responsibility

Designtech Studio, LLC. is not responsible for the correctness of copy, illustrations, photographs, trademarks, or for obtaining clearances or approvals of copyrighted material provided by Client. Designtech Studio, LLC. will take normal measures to safeguard any materials entrusted to us. However, we are not responsible for the loss, damage or unauthorized use of such materials, nor are we responsible for the actions of the vendors and suppliers we utilize. Designtech Studio, LLC. is not responsible for any financial return of investment. This includes, conversion of website visitors to paying or member customers, search engine ranking, or any other Client’s business finances.

Dispute Resolution

Any disputes in excess of the maximum limit for small-claims court arising out of this agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of Designtech Studio, LLC. All actions, whether brought by Client or by Designtech Studio, LLC. will be filed in Colorado.