Terms Of Service Service Agreement When Working With Veda Designs
Terms of Service Agreement
Please Read Carefully
Copyright 2004 - 2018 VedaDesigns.net All rights reserved.
All contents on this website including information, material and graphics, user interface design and lay outs are copyrighted property of VedaDesigns.net.
By ordering or using any of Veda Designs products or services including a Veda Design Web Site the client is deemed to have accepted these Terms and Conditions whether or not the client has been provided with a copy.
In these Terms and Conditions "we, our, us, I, me, my refers to Veda Designs Escort Web Design and Hosting. "You" and "Client" refers to the person or persons to whom service, design or development work is being rendered.
Veda Designs reserves the right to withdraw any or all services from any client who infringes these regulations (as set out below) without notice and with immediate effect. In the event of suspending services, it is not my policy to offer a refund of any monies paid for services or any part thereof.
Limitation of liability
a) General Liability
Veda Designs will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Web site.
b) Domain Liability
In purchasing domain names on behalf of the client, Veda Designs is acting solely as the clients agent and accepts no responsibility for legal issues the client encounters from the misuse of their domain. All domain renewal fees must be paid by the client after the first year of service. Veda Designs agrees to transfer any domain into clients name upon request, providing that all account, hosting and renewal fees are paid up to date.
c) Criminal Liaiblity
The Client agrees that they are not using, nor intending to use, their website to conduct business illegally in any way or perform activities that violate their state , federal, local, or international laws. Veda Designs cannot be held liable for any legal issues the client encounters from use of their website. It is the responsibility of the Client to register their business in accordance with their local city or state tax laws.
Copyrights and Trademarks
a) Source Materials
Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork hosted on server or furnished to Veda Designs for inclusion in the Project are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Veda Designs from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by Client. Time spent mediating copyright violation complaints/disputes will be billed to Client at the standard hourly rate.
b) Design Ownership
Upon delivery and FULL payment of project, client assumes ownership of all non-VedaCMS related code, graphics and design elements relating to website. Client is free to modify, transfer or reverse engineer all NON-VedaCMS code and design elements relating to website without needing permission or a written agreement with Veda Designs. However, Client may not modify, reproduce, create derivitive works from, distribute, transfer, reverse engineer or in any way exploit elements of their VedaCMS Website Manager, which Veda Deisgns is the sole copyright holder.
Failure to make final payment of project within 30 days of invoice date will result in contract termination, at which point, full ownership of code, graphics and web site files revert back to Veda Designs.
c) Definition of Copyright Holder
Upon delivery and full payment of project, it is assumed that ownership and design copyrights transfer to the person or business for whom the website was designed. Veda Designs cannot honor any 3rd party involvement or ownership claims made by anyone other than the person whose business is being advertised or whose name or stage name was used in the original service request. Veda Designs does not allow or provide resale of her development services in any form. All contracted services and collaboration of to work to be done must be made through the person for whom the website or project is being developed. Collaboration or involvement through a third party is prohibited unless expressly permitted and discussed prior to development.
d) Veda Designs Portfolio and Design Credit Link
Veda Designs reserves the right to showcase a screenshot of all client designs as an example of work and creative style. Clients have the option of opting out of being showcased by paying a $50 surcharge. Fee does not apply to retired Clients, whose screenshots will be removed upon request at no additional cost.
All websites designed by Veda Designs require a design credit link pointing to http://vedadesigns.net in the footer area next to the copyright. It is prohibited to remove or modify this link unless expressly permitted by Veda Designs. Design credit removal is available for a surcharge of $100.
a) Project Deposit
All custom designs or freelance work requiring more than four hours of development require a 50% deposit of the quoted fee before any work is started. Custom designs must submit deposit to confirm scheduling & reserve development opening. Remaining balances are due upon delivery of project.
b) Extended Developent Fees
If development time exceeds hours included with design package or the estimate quoted to client, the additional time required to complete the project is billed at standard hourly rates. Refer to the Features & Pricing page for number of development hours included with each design package.
c) Payment Installments
If client is unable to pay full amount of invoice, monies owed may be split into two installment payments to avoid project cancellation. However, for custom designs, the first installment of the final balance must be paid before the website can be used publicly. Failure to honor installment agreement will result in late fees and/or project cancellation.
d) Late Fees and Penalties
Invoices $500 or more will be subject to a $25 late fee for EACH WEEK payment is delayed after the initial 7 day grace period. Projects cancelled for any reason outlined in Section d or e of the Cancellation Policy will be subject to a $150 penalty to resume & complete work. Custom design projects not resumed within six months of cancellation will be recycled and offered for resale as a Custom Prebuilt design.
New Website Development
Veda Designs and Client undertake to work together to complete website within the timescale defined prior to work starting. Veda Designs will periodically inform client on project progress and endeavor to meet the defined milestones. Client must supply all required materials BEFORE or within two days of the project start date to avoid development delays. Extended delays in communication (without prior notice) or failure to provide required materials by posted deadline will result in project cancellation as outlined in Section e of the Cancellation Policy.
a) Stage 1: Design
Creation of the website design concept and first draft. Refer to the development stages information outlined in Step #6 of the Getting Started page for more details and time estimate.
b) Stage 2: Modifications
The period of time after the initial design draft has been presented and modifications are made based on client feedback. Refer to the development stages information outlined in Step #6 of the Getting Started page for more details and time estimate.
c) Stage 3: Development
Applies to custom design clients only. Coding the design concept into actual web pages and installing/configuring the content management system to publish page content. Refer to the development stages information outlined in Step #6 of the Getting Started page for more details and time estimate.
d) Stage 4: Testing and Launch
Final updates, testing and public launch of website. All remaining balances due on project must be paid before public launch. Refer to the development stages information outlined in Step #6 of the Getting Started page for more details and time estimate.
Cancellation & Refund Policy
a) Full Deposit Refund (custom designs only)
IMPORTANT: Only applies to custom designs, as Template orders are non-refundable.
Cancellation request must be received AT LEAST 3 WEEKS BEFORE originally scheduled start date. No refund is offered if development has already been rescheduled one or more times. Once refund is processed, Client will be ineligible to contract future services with Veda Designs.
b) Partial Deposit Refund (custom designs only)
IMPORTANT: Only applies to custom designs, as Template orders are non-refundable.
If a cancellation request is received BETWEEN 2 AND 3 WEEKS BEFORE the originally scheduled start date, Client will be refunded 50% of the deposit amount. No refund is offered if development has already been rescheduled one or more times. Once refund is processed, Client will be ineligible to contract future services with Veda Designs.
c) No Refund Offered
The following outlines instances where Client is ineligible for a refund of monies paid toward services:
- Template Design Orders:
Due to faster scheduling and development turnaround, template design orders are non-refundable. However, payment can be applied toward future services if a cancellation is necessary.
- Custom Design Deposits:
If cancellation request is received 2 WEEKS OR LESS before the originally scheduled start date or if any work has been put in to date, the deposit is forfeited to cover revenue or time lost. Websites that have already been rescheduled one more times are also not eligible for a refund.
- Automatic Cancellations:
Projects automatically cancelled due to violations outlined in section d) or e) below are ineligible for a refund.
If hosting service is cancelled prior to expiration of current year of service, no refund is offered for unused months.
d) Non-Payment of Services
Client agrees to pay all invoices within 7 days of invoice date. Failure to do so will result in the following:
- Custom Design Work:
- If final balance or installment is not paid within 14 days of invoice date, Veda Designs reserves the right to temporarily disable client's website until payment is submitted.
- If non-payment of final balance or installment exceeds 30 days, the project is considered cancelled and subject to penalties to reactivate.
- If final balance is not paid within 6 Months, Client forfeits all future rights to design elements and code created by Veda Designs and it will be offered for resale as a custom prebuilt design.
- Hosting Service:
Hosting renewals not paid within 30 days of the hosting expiration date will result in the account being deleted from the server. Hosting is active & billable regardless of whether or not you are using the website or have it set to 'Offline' from within your VedaCMS website manager.
e) Automatic Cancellation
The following will result in an automatic project cancellation:
- Client fails to communicate or goes MIA (without prior notice) for more than two weeks after Stage 1 of development.
- Project development is delayed or lapses more than two weeks because required project materials are not ready.
- Client exceeds two rescheduling requests or development fails to resume within 6 months of original start date
- Any other violation of terms outlined within this Service Agreement
f) Resuming Services after Cancellation
- Design Work:
If Project is automatically cancelled due to reasons in section d) or e) above, client must prepay the remaining balance on the website PLUS A $150 PENALTY to reactivate development. Custom design clients are ineligible to resume development if it has been longer than six months since they were cancelled and the design was resold as a custom prebuilt.
If an account was terminated or suspended on the server due to non-payment of renewal fees, Client must pay the upcoming hosting renewal fee in addition to 3 Hours of work for the time needed to set everything up again.
Development Extensions & Rescheduling:
If client needs to pause work on their website or reschedule, a development extension for up to six months from their original scheduling date can be made if all conditions below are met.
Note: This option is also available to template design clients who need to cancel their non-refundable order and wish to apply it toward future service.
If development has not yet started, the rescheduling request must be received by the date you were originally supposed to start. It is at the discretion of Veda Designs to allow reschedluing if the request is sent past the point when work was to have begun.
- Development Extension
If development has already started and needs to be paused indefinitely, client can request a development extension for up to six months from the original start date. Extension requests must be received within two weeks since the last contact with client..
- Extension/Rescheduling Limits
Each project is allowed up to TWO extension or rescheduling requests within six months of the original start date. Projects that are not resumed within six months or have exceeded two rescheduling requests will be subject to cancellation.
- Reschedulng Cancelled Template Order
Although template design orders are non-refundable, clients who cancel have the option of having their payment applied toward future services as long as the request is made within six months of their originally scheduled start date.
Post-launch support and website changes are available to clients at standard hourly rates. However, clients are expected to use their VedaCMS website manager for any changes they can do on their own. Official support days are Monday and Friday, though emergency issues that prevent Client from conducting business will be addressed as soon as Veda Designs is made aware of the problem. Clients are responsible for opening a support ticket through the appropriate support email address when requesting help. Clients are not charged for support requests relating to a problem with the server, an error by Veda Designs or a bug in VedaCMS. All other requests that require more than answering a question will be billed for the time spent on the ticket.
Abuse through content
Veda Designs is only responsible for the technical development of the website and the client must provide all content materials. You agree that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or otherwise in violation of ANY law
Search Engine Ranking
Veda Designs puts every effort to optimize your web site for better ranking in Search Engines by utilizing appropriate title, meta and image alt tags throughout the website source code. Websites are coded to standards and will validate XHTML Transitional. However, Veda Designs does not guarantee any ranking of your web site in any search engine and does not perform any marketing services aside from initial website submission to major search engines.
The Client is responsible for providing all text content for their web pages, including what is used for the Title, Description and Keyword Meta Tags on each page. All abovementioned content can be added/modified by the Client at any time through their Content Management System. The client is also responsible for any 3rd party marketing solutions.
Delivery of website and Acceptance
a) Delivery & Final Payment
Uploading a website to your Hosting account, sending files through FTP, CD or any other media is considered as delivery of website after which the client is not eligible for a refund of any monies paid. By contractng design services with Veda Designs, Client agrees to clear any remaining balance(s) within 7 days of delivery. Failure to do so will result in penalties outlined in Section D of the Cancellation & Refund policy above.
Upon delivery and full payment of website, Veda Designs agrees not to resell or redistribute client's website to anyone else.
Where Web site design or other Programming Services are supplied, Client will notify Veda Designs of any errors or omissions for rectification within a period of 7 days from Delivery. After 7 days from Delivery, Client is deemed to have accepted that the Delivery is provided to an acceptable level of quality and further changes will require maintenance payments at the current standard rate.
Backups and Data loss
Your use of the optional hosting service is at your sole risk. Veda Designs is not responsible for files and data residing on your hosting account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. Hosted Clients are expected to perform their own periodic backups using the backup tool within their hosting control panel.
This service agreement is broken into the following sections:
- Limitation of Liability
- Copyrights and Trade Marks
- Project Fees
- Project Development
- Cancellation & Refund Policy
- Development Extensions & Rescheduling
- Ongoing Maintenance
- Abuse Through Content
- Search Engine Rankings
- Delivery of Website
- Data Loss and Backups