Terms and Conditions
If you have any questions or need further clarification, please send an e-mail to kimberly@kimberlyrobertsdesign.com
All services provided by Kimberly Roberts Design are
subject to the following terms and conditions. These policies have been
put into place to protect both the client and Kimberly Roberts Design. If you
do not agree with any element of the Terms of Service, please do not
contact Kimberly Roberts Design for a quote or for services or purchase any
service through kimberlyrobertsdesign.com. By purchasing any service, you
are agreeing to the Term of Service as expressed below whether or not
you have read or signed them. These terms are contained in the Contract
you are required to sign and return before your design can begin.
Quotes & Contracts
Quotes provided will be honored for 30 days. A new quote will then be
provided upon request. Contracts that have been written, but not signed
by the client will only be accepted within 30 days of the delivery
date. A new contract may be drawn up upon request.
Authorization
The client is engaging Kimberly Roberts Design, a sole proprietor, as an
independent contractor. The client hereby authorizes Kimberly Roberts Design to access any hosting or domain account for the sole purpose of
installing and updating the web product. The client also authorizes the
hosting service to provide Kimberly Roberts Design with complete access to
the client's account and any other programs needed for this web design
project as deemed necessary by the client/designer agreement.
Hourly Rate/Revisions
The client is allowed 3 rounds of revisions to the template proof for
their Custom eCommerce, Custom Informational, or Custom Single Page web
design. Matching /coordinating website graphics may have 1 revision.
All other website services are designed from client's initial choices
and do not include revisions, so any changes requested to the client's
initial choices will be subject to hourly rates.
Hourly
rates start at $35.00 and if changed during the duration of a project,
the client shall be subject to the new hourly rate at such time as it
is changed.
Development
The design project will be developed using various commercial software
products. While Kimberly Roberts Design will make every effort to design a
fully functional website, the warranty does not cover AOL, text-based
browsers, mobile browsers, or any other special effects that Kimberly Roberts Design may advise against. Any claims for defects, corrections, or
glitches must be made within 14 days of the project being completed.
Completion
Kimberly Roberts Design works hard to complete all projects in a timely
manner. However, Kimberly Roberts Design cannot guarantee deadlines as each
project is unique and so is each client. Kimberly Roberts Design will
communicate with the client during the entire development of the
project and provide them with status updates. If the client does not
supply Kimberly Roberts Design with complete text and graphic content for
this web or graphic design project within seven (7) days from the date
requested, this contract becomes void and any deposits are forfeited.
The client understands that if they do not respond to a request
promptly, their project may be moved behind others and this may cause a
delay in completion time. Any time an order is placed during a period
in which Kimberly Roberts Design is closed, orders will be processed and
started upon reopening in the order in which they were received.
Payment of Fees and Expenses
A payment of 50% is due before the initial design is to begin. No
design will begin until the payment is made and signed contract is
received. The client agrees that before installation of the finalized
web design, the remaining 50% is due. Upon receipt of the final
payment, the web design will be published. In regards to print graphic design, upon receipt of the final payment, watermark will be removed and the final PDF artwork will be released to client.
Kimberly Roberts Design prefers payment by Check or PayPal. Because Kimberly Roberts Design accpets PayPal, we can accept various payment options (credit card or debit card - Visa,
MasterCard, American Express and Discover). In the
case of card declination, either for an initial payment or a balance
payment, the client is responsible for providing an alternate card, and
work will not continue on their project until the payment due has
processed.
Web Hosting and Domain Registration
Kimberly Roberts Design uses BlueHost web hosting company to host multiple domains under one account. Through BlueHost, Kimberly Roberts Design is able to offer web hosting at a very discounted price to cllient(Starting at $3 a month). The Client has the option to purchase and maintian a separate web hosting account with Blue Host or one of the hosting companies approved by Kimberly Roberts Design. Technical support questions regarding web hosting are to be directed to the web hosting company.
The client is responsible for purchasing and maintaining a domain name.
Domain support questions are to be directed to the domain registrar.
The
client understands that if they fail to make timely payments for their
web hosting and/or domain registration, this can cause their website to
be inactivated and they must work with the company/ies to reactivate
their website in this event as Kimberly Roberts Design is not affiliated in
any way with the domain and hosting companies.
Credit and Use of Products
The Kimberly Roberts Design copyright and credit information must remain on
all of our products. We require that the text link back to kimberlyrobertsdesign.com remain in place and in working order. All
preliminary proofs including graphics, layouts, etc, which are not
selected by the client remain the full property of Kimberly Roberts Design
and may be used in future projects for other clients.
Copyrights and Trademarks of other property
Copying images, text or design layouts from other sites is not condoned
by Kimberly Roberts Design. Any text, images and products provided must be
owned by the client. Under no circumstances will Kimberly Roberts Design be
held liable for content provided by a client on a client website. The
client will be responsible for paying any and all legal expenses that
are a result of lawsuit against Kimberly Roberts Design for graphics, images
and/or content which is provided by and used by the client.
Copyright to Web Pages
Copyright to the finished assembled work of HTML and/or CSS produced by Kimberly Roberts Design is owned by Kimberly Roberts Design. The copyright must
remain intact and visible on the site. Under no circumstances shall a
site be duplicated, sold or redistributed. The client may not alter or
reuse the HTML and/or CSS coding that is provided to without the direct
written consent of Kimberly Roberts Design. The logo and graphic design
copyright is transferred to the client upon completion of the site and
any print design services requested.
Support
Web hosting and domain support are
provided by the client's web hosting company and/or domain registrar.
Clients with web hosting/domain questions will be directed to the
correct site to make their inquiry.
Refunds and Cancellations
Kimberly Roberts Design does not provide refunds for web or graphic design
services. This also includes any initial deposits or deposits paid for
a waiting list. The client must submit termination of services to in
writing. In the event of a cancellation of contract, any payments
already received by Kimberly Roberts Design are forfeited by the client and
will not be refunded; any future payments scheduled will not be charged
to the client; ownership of all artwork, layouts and development remain
the property of Kimberly Roberts Design and will not be transferred to the
client. Money already paid is not refunded in any case whether or not
any work has been done by Kimberly Roberts Design. It is the client's responsibility to be sure they want a service before entering into this contract.
Chargebacks
Kimberly Roberts Design will not negotiate chargebacks with any person or
company. A chargeback is not an acceptable means of attaining a refund.
To request a chargeback on your credit card for a valid transaction is
considered fraud. Fraudulent credit card chargebacks will be
aggressively prosecuted and reported to all major credit bureaus as a
delinquent collection account. Should a chargeback be filed against Kimberly Roberts Design, we will not hesitate to proceed with collection and
legal action to recover funds. Additionally, opening a PayPal dispute
for a refund will be handled in exactly the same way as a credit card
chargeback.
Correspondence
Kimberly Roberts Design provides customer service, tech support, and any
other type of client communication primarily by email. This allows
both the client and Kimberly Roberts Design to have a written record of
correspondence throughout the project. Work days are Monday - Friday weekly and hours of
operation may vary on these days. Please send email for the fastest response.
Non-Communication
If Kimberly Roberts Design is unable to receive a response or otherwise
communicate with a client on a project for a duration of fourteen (14)
days by email during the design and development process, the project
will be canceled without prior notice and any monies paid will be
forfeited to Kimberly Roberts Design.
Waiting List
An initial, non-refundable 25% deposit is required to hold the client's
start date should a waiting list be in effect. In this case, 50% of the
remaining balance will be due before initial logo design begins, and
the final 50% of the remaining balance will be due before the web
design is installed.
Acceptance
Please note that by submitting your payment for my services you are
agreeing to all of the terms of service as written here. Kimberly Roberts Design reserves the right to change or update these terms at any time
without prior notice.
Privacy PolicyKimberly Roberts Design does not share any information you provide to us to
any parties (public or private). You will receive an emailed receipt
for your transaction.
Indemnity Agreement
The client agrees to indemnify and hold harmless Kimberly Roberts Design for
claims of any nature whatsoever pertaining to payments and services
provided. Additionally, this Indemnity Agreement includes claims
relating to any software or other copyrightable materials furnished by
the client, and from any and all copyright claims and/or any claim of
theft of proprietary information. Agreement to this Contract nullifies
the client's right to pursue litigation or criminal action against Kimberly Roberts Design for any reason at any time. To pursue a refund of
money paid to Kimberly Roberts Design when bound by the terms of this
Contract is considered fraud and will be aggressively reported and
prosecuted. Kimberly Roberts Design does not warrant that a web site will
meet the client`s expectations of site traffic or resulting business.
In no event will Kimberly Roberts Design be liable to the client or any third
party for any damages, including any lost profits, lost savings or
other incidental, consequential or special damages arising out of the
operation of or inability to operate these web pages or web site.
