TERMS OF SERVICE (T.O.S.)
All clients of Sweet ‘N Spicy Designs are expected to read and agree to the points below before service. Sweet ‘N Spicy Designs cannot be held responsible for anything you feel you did not know by not reading said terms. Contact Jaycee with questions before agreeing to contracting services at firstname.lastname@example.org or through the contact form.
Our contact form asks you to submit personal identifiable information, such as your name and email address. Submitting information via the contact form allows Sweet ‘N Spicy Designs to contact you to personalize our service for you. We use personal information mainly to provide services and contact our clients. We do not sell or share any personally identifiable or other information of End Users to any third parties.
Sweet ‘N Spicy Designs reserves the right to refuse, suspend or terminate services at our discretion.
By ordering services from Sweet ‘N Spicy Designs, you are agreeing to the following:
COPYRIGHTS AND TRADEMARKS:
The Client unconditionally guarantees that any element of text, photography, and graphics furnished to Sweet ‘N Spicy Designs by the client for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another entity. The Client will hold harmless and protect Sweet ‘N Spicy Designs from any claim or suit arising from the use of such as furnished by the client.
Sweet ‘N Spicy Designs makes every effort to produce original artwork. If, however, we create artwork for you which accidentally infringes on any existing copyrights or trademarks, Sweet ‘N Spicy Designs liability is limited only to a refund of the paid amount. Sweet ‘N Spicy Designs will do no research checking on the legal availability of the images and/or trademarks (such as names) provided by Clients. Sweet ‘N Spicy Designs will not be held responsible for any legal action that may result from improper due diligence on the availability of a name or image by client.
Ownership of the final artwork becomes the full property of the Client, having unlimited, indefinite and unrestricted use of the design, only upon payment of all fees owing. Until the design is paid in full, all materials remain property of Sweet ‘N Spicy Designs. Sweet ‘N Spicy Designs retains the right to display the artwork in their portfolio and marketing materials. Unless otherwise arranged, all stock photography is used under royalty-free license of Sweet ‘N Spicy Designs. As such, the Client has legal rights to use the photography only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency.
All concepts furnished to the client are for client review and comment purposes only. Until all project invoices are paid in full by the Client, Sweet ‘N Spicy Designs will retain exclusive copyright and ownership of all design and draft materials. Ownership of final designs are transferred to the client on payment of all fees, however unless otherwise arranged in writing, Sweet ‘N Spicy Designs retains ownership of all draft materials not used in the final design.
DRAFT CONCEPT POLICIES AND COPYRIGHT:
All draft concepts previewed by the client are for client review and comment purposes only. Until final design balance is received by Sweet ‘N Spicy Designs, all artwork, concepts and designs remain the copyright and exclusive property of Sweet ‘N Spicy Designs. Sweet ‘N Spicy Designs reserves the right to utilize and/or reproduce any image or illustration created by Sweet ‘N Spicy Designs in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. The client is granted unlimited royalty-free use of the image upon full payment of all fees. Sweet ‘N Spicy Designs retains the rights to concepts, comprehensives and all artwork involved in the design process prior to the final artwork, and is granted the right to use these in promotional and advertising and marketing materials.
DESIGN AND REVISION PROCESS:
Design includes up to two mock-ups and up to 4 minor revisions to the final mock-up. Each additional hour will be billed at the hourly rate. It is important that you list all your concerns/changes during the drafting stage, as once the final mock-up is approved and installed no more major changes will be made. Any major changes you feel should be made after this stage will be billed accordingly and will be made pending the designer’s schedule.
Sweet ‘N Spicy Designs does NOT engage in speculative work and will not honor any requests for same (see www.no-spec.com for more information about spec work). A public portfolio has been provided, making it easy for potential clients to judge whether the style and quality of design offered by Sweet ‘N Spicy Designs is a good fit for their desired product.
A deposit of 50% may be required for all new projects, at the discretion of the designer. The remaining 50% will be due at the conclusion of the product.
Sweet ‘N Spicy Designs does not save/backup your WordPress themes, content, nor databases after a site has been completed by us. It is suggested that you backup your files and databases at the conclusion of of initial design, and continue to backup your files and databases on a monthly basis. This is very important and will save you money should anything happen to your design in the future. Any work done to an already completed design is done at an additional cost.
Sweet ‘N Spicy Designs cannot guarantee our designs will view correctly in every single browser and/or platform. We will do our best to ensure that your new design is functional in the latest versions of Chrome, Internet Explorer, Firefox, and Safari, but cannot guarantee it will be the same for other browsers/platforms (especially older ones or ones in beta). If you use a different browser or platform, and would like a design done to meet that browser or platform’s specifications, please consult with your designer before the project begins. (Additional fees may apply.)
Once your design is completely installed and any minor changes have been made you assume all responsibility to your site. If anything needs to be changed, deleted, moved and so forth you are advised to put in a new order.
Sweet ‘N Spicy Designs reserve the right to state when a client has exhausted the designer’s services at any time.
Placement of a design link is required for the duration of your use of all website designs. Removal of this this link is a violation of your agreement with us.
All designs are exclusively created for use by the clients who commissioned them and may not be used or altered by anyone else.
Designs created by Sweet ‘N Spicy Designs may only be used for their original purpose. This means that you are NOT allowed to:
- Modify our designs in any way without explicit permission. This included using our artwork and changing the font on your own.
- Sell your design to anyone.
- Claim our artwork and designs as your own.
The rights to any photos, graphics and source code are not transferred to the client; each element remains the property of its respective owners.
Sweet ‘N Spicy Designs retains the right to display graphics and other web design elements from any design as examples of our work anywhere on the internet or as hard copies.