boutique web design

terms of service

*Please note that this is not our full contract. If you're making a payment, please be sure you have reviewed our full contract. Placing your deposit binds you to the full contract.

1. BUYERS RESPONSIBILITIES


a) Resizing, editing, and uploading product pictures.

b) Data entry for all products.

c) Text and Data entry for all pages.

d) Providing questionnaire results in a prompt and timely manner.

e) Commitment to work with seller to complete the site in a prompt and timely manner.

f) Maintaining products, product images, and text.

g) Requesting integration of third party integration services (ie; quickbooks integration, fulfillment/warehouse integration, alternative gateway integration, etc)

h) Designs do not include printing. All printing is the responsibility of the client.

i) Web hosting account purchase prior to installation of software and administration of tutorials


2. SALE OF SERVICES

Seller shall sell to Buyer the service described below (the ''Service''):

 

3. DESCRIPTION OF SERVICE


1. The buyer's first payment is due in the form of a deposit. Upon receipt of the first payment, the buyer secures a position on the waiting list and a design start date is confirmed. Design start date marks the week in which Second Payment is due and Phase 2 begins. Deposit serves as a retainer of services and is non refundable and non transferable.

2. The buyer will receive two (2) questionnaire forms (the Phase 1 questionnaire and the Phase 2 questionnaire). The purpose of the two questionnaire forms is to aid the seller in the design of the buyer’s website. Both the Phase 1 and 2 questionnaires must be completed and sent to the seller no later then 7 days prior to the design start date. The design of the website cannot be started until both questionnaire forms are completed and sent to the seller.

3. Phase 1 is the Pre-Design phase which is activated with First Payment of $497.50 and receipt of Phase 1 Questionnaire. Seller will create various accounts for Buyer including web hosting accounts, client accounts, and drafting accounts. During this time, Seller will set up basic holding page and email accounts and give Tutorial 1 to Buyer if applicable. Buyer will gather content, resizing photographs, creating site map outline, and receiving Tutorial 1 during Phase 1.

4. Tutorial 1 - The buyer will be taught by Quirky Bird Designs via phone tutorial how to upload and add products and text to buyer’s website. The buyer is responsible for all cropping and sizing of images to be uploaded to the buyer’s website.

5. Phase 2 is the Design Phase which is activated by Second Payment of $2750.00. Upon receipt of Phase 2 questionnaire, Seller will create logos, graphics, and templates that Buyer will receive to draft, revise, and approve. There are no limits to the number of revisions made to logos and templates prior to the final payment. Once buyer’s revisions and template are finalized and final payment is received any additional revisions shall incur additional charges which are payable on demand of seller. During this time, Buyer will be revising templates with Seller and entering in content into software.

6. Phase 3 is the Installation Phase which is activated by Final Payment of $2750.00. Seller will send Phase 3 questionnaire, install finalized templates into the content management system, complete tasks connected with website launch including blog, newsletter template, printables, etc (if applicable), and administering Tutorial 2. Buyer will receive Tutorial 2, complete setup of Security Certificate and Merchant Service, and complete entering content into software among other tasks. The buyer has thirty (30) days after receipt of the Phase 3 questionnaire to send the requested information for completion of printables to the seller. If this does not occur, the buyer forfeits 5 printable items. List must be complete to begin working on printables, including all items requested for design and sizes with bleeds. Once the printables are completed and approved, any changes will be commissioned on an hourly basis.

7. Tutorial 2 - The buyer will be taught by Quirky Bird Designs via phone tutorial how to content management functions in Magento system.

8. Tutorial 3 - The buyer will be taught by Quirky Bird Designs via phone tutorial how to manage administrative functions in Magento system.

9. Upon receipt from buyer of all requested information by seller, a complete website including all graphics needed for the complete design of the website, logo, website graphics, three (3) web banners, and a choice of five (5) printable designs to accompany the website (i.e.: business card design, letterhead, postcards, address labels, etc.) will be provided to buyer.

10. There will be no hourly fees for customer support or telephone calls. Technical support is a separate service and is not included in this agreement.

11. All future maintenance and modification of the website and designs shall incur additional charges which are payable on demand of seller.

12. Seller reserves the right to terminate this agreement at any time and for any reason. If this agreement is terminated by buyer, the seller shall give the buyer an opportunity to purchase any material created by seller for buyer at a price to be determined at a later date.

13. If the buyer requests the seller to suspend the services to be performed for any reason prior to payment in full, the agreed upon price will not change until Quirky Bird Designs, Inc. adjusts the rates. Once the rate adjust occurs, the buyer will be notified via electronic mail to make the final payments due and owing within sixty (60) days. If the final amount due and owing by buyer is not received by seller within the sixty (60) days, then buyer's final payment will be adjusted to conform to the new rates.

14. If the buyer suspends services indefinitely, the buyer forfeits any payments made. Payments are non-transferable and cannot be applied to any a la carte services.

15. Integration of any third party software, including but not limited to fulfillment/warehouse integration, alternative gateway integration, Magento extensions, and quickbooks integration will require a separate contract and commission.

 

 

4. PAYMENT


Payments are non-refundable and non transferable and shall be made in three installments.

 

1. Deposit of $497.50, due immediately is non-refundable and non transferable under any circumstance. Once payment is made, this contract by Quirky Bird Designs, Inc. is considered valid.

2. Second payment of $2750.00, to be paid prior to start of Phase 2. Payment is due within 30 days of last day of start week, a date which is sent via electronic email within 24 hours of paying deposit. If payment is not made within 30 days, 10% price increase per week will incur until full payment of $2750.00 is made.

3. Final payment of $2750.00, to be paid prior to installation of graphics. This payment is due within 30 days of approval of template. If payment is not made, 10% price increase per week will incur until final payment of $2750.00 is made.

4. To reserve your start date on the waiting list, first payment of $497.50 is due in full.

5. Buyer's logo may be purchased prior to the completion of buyer's website. The cost of the buyer's logo is $500.00 for the first two hours of design work and $75.00 for each hour thereafter. Buyer must make the full payment of the total cost of the logo design before the logo copyright is assigned to the buyer. The cost of the logo will be subtracted from the total cost of the website balance due.

 

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