Terms & Conditions
I have read and agree to the following Customer Terms and
Conditions:
Definition
In this contract, "customer" shall mean the person who completes
and signs this contract. No other person is authorized to discuss
the customer's account with Phoenix by Design, or request changes to
the account, unless Phoenix by Design has received written
authorization from the customer for this additional person to have
account access.
Project Development Process
Once we receive the following items, we will begin work on your
website design:
-
Phoenix by Design Website or Template Design Terms Contract Form Signed (paper copy or via www.phoenixbydesign.com/designterms.html)
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Full non-refundable payment
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All information needed for the project (such as company, text, and images)
We will create the project according
to the written proposal we gave you (if applicable) or our
advertised package chosen by the customer (if applicable).
When we have finished, the customer will
review the project draft and provide, in one single written or emailed
document, a list of any changes to be made to the draft. The customer shall
provide this list within 10 business days after Phoenix by Design sends the
preview link to the customer. Phoenix by Design will implement the changes
on this list within 5 business days of receiving the list.
Should the customer request additional
changes to the project after submitting the original list of changes, they
will be charged $25/hour for these additional changes.
At the end of the 10-business-day preview
period, Phoenix by Design will send the customer an invoice for the balance
due on the project, even if the customer provided no list of changes during
the 10-business-day preview period. The customer shall pay this invoice
within 10 business days. (if applicable)
After payment is received, Phoenix by Design
will provide the project files to the customer.
Any feature or specification not expressly
included in a written proposal or package by Phoenix by Design is not
included in the price quoted. If the customer requests such a feature or
specification to be added to their project, this will be at additional cost
to the customer.
Project Guarantees
For websites or templates we code or completely recode, we
take responsibility for:
addressing spelling and grammar errors,
validating any HTML according to W3
standards, testing performance and appearance on
mainstream browsers, and ensuring all hyperlinks and navigation
elements function properly.
Should the customer, or anyone else not
affiliated with Phoenix by Design, make any changes to the project or to the
server on which the project resides, or upload any files to the host server
where the project resides, Phoenix by Design shall disclaim all
responsibility for any problems with the appearance and functionality of the
project, including typos and broken links. If requested, we can fix such
problems for $25/hour.
The customer may upload the project to the
host server of their choice. Phoenix by Design is not responsible for the
functionality, reliability, features of, or damage caused by, any server
other than Phoenix by Design' own host servers.
Project Ownership
Phoenix by Design creates new projects as
"work for hire" for our customers. Therefore, the customer shall own
exclusively all elements of all materials, products, and modifications newly
developed or prepared by Phoenix by Design for that project as "works
made for hire" under United States Copyright Law.
On certain projects, Phoenix by Design may
utilize code, images or other products previously created by Phoenix by
Design, instead of creating new products for the project. This may be done,
for example, to save time or money. Any such products are, and shall remain,
the exclusive property of Phoenix by Design, although the customer shall
have full license to display and utilize such items solely on the project
Phoenix by Design creates for them. Phoenix by Design would retain full
ownership of the product and the exclusive right to copy, implement,
distribute, modify, and sell it.
We reserve the right to display your business
name and a screenshot of your project on our website.
Our Hosting Service
Phoenix by Design hosting accounts include an outgoing (SMTP) mail
server. However, we cannot guarantee that this server will work on
your computer. Your internet service provider, anti-virus software,
or computer settings may block usage of this server. In such cases,
we suggest using your ISP's outgoing mail server. Our hosting
accounts also include third-party software, such as chat and message
board programs. Such software is developed and supported by third
parties independent of Phoenix by Design, and therefore we make no
guarantees about the functionality or reliability of such software.
We reserve the right to shut down your hosting account with no
advance notice if there is pornography, viruses, or illegal material
on your account. In such cases, you will not receive any refund for
any remaining monies on your hosting
account.
Customer Accounts
Project deposits and domain names are not
refundable for any reason.
If a payment is bounced, refused, canceled or
charged back for any reason, a $25 charge will be added to your account.
Phoenix by Design reserves the right to amend
these policies at any time. Such updates will be available at
www.phoenixbydesign.com
Validity
In accordance with the Electronic Signatures
in Global and International Commerce Act of 2000, electronic contracts and
signatures are as valid as paper contracts in all states, regardless of
where the parties live or where the contract is executed. You have the right
to request a paper New Customer Registration sheet and Policies and
Procedures sheet from us. Regardless of whether you make such a request,
your electronic signature on this registration form shall remain legally
valid and binding.
Sign & Submit
On behalf of my organization, I approve
the above Phoenix by Design Website or Template Design Terms Contract and I authorize
Phoenix by Design to use this plan as the basis for developing my website or
template. I
understand that I must own the copyright to or have permission to publish
any pictures I provide Phoenix by Design. I have received a copy of Phoenix
by Design Services and Rates. |
Website and Template Design Terms and Conditions