TERMS & CONDITIONS
All services provided by WeirdTales Design Studio are subject to the following terms and conditions. By purchasing any of our Template, Designs or Custom work, you are agreeing to these conditions:
1. All Sales are Final. Due to the digital nature of this business, no refunds will be given. There are no exchanges or refunds for any reason, before or after products/services have been delivered/templates customized and installed. Store credit MAY be issued in situations where Clients have a change of heart or choose to go in a different direction. This applies to Custom designs, any Template design, print design, logos and any add on service.
2. Nothing on our website is public domain.Our designs may not be altered, cut up, modified or re-used or distributed in any way. If the Client wishes to alter the design or use the graphics in any other way, then the copyright licence MUST first be purchased. You cannot remove our link and claim our work as your own.
3. Credit and Link Back. All website designs by WeirdTales Design Studio require a text link back to WeirdTales Design Studio unless other agreements have been made to remove the link at a charge of € 300. The client unconditionally guarantees that links back to WeirdTales Design Studio will remain in place until such time as that website design is not longer published on the Internet. Removal of this link is in violation of this agreement and subject to breach of contract. You cannot claim our work as your own. If our link is removed without our knowledge and consent, we have the right to insist that the design be removed from the Internet, and we will pursue all copyright infringement violations to the fullest extent of the law.
4. Authorization. The client is engaging WeirdTales Design Studio as an independent contractor for the specific purpose of designing and/or improving a website, to be published on the client’s account on an Internet Service Provider (ISP), or “hosting service”. The client hereby authorizes WeirdTales Design Studio to access this account, and authorizes the hosting service to provide WeirdTales Design Studio, with full access to the client’s account, and any other programs needed for this web design project that are included as part of the client’s service agreement. The client also authorizes WeirdTales Design Studio to submit the completed web design project to major web search engines.
5. Development/Compatibility. This web design project will be developed using various commercial software products and proofed by hand. While WeirdTales Design Studio will make reasonable efforts to design a fully functional website WeirdTales Design Studio design warranty does not cover AOL, Internet Explorer 6 (notorious for display issues), text-based browsers, or requested special effects that we may have advised against. Additionally, not all portions of some site designs (rotating banners, etc) are compatible with mobile devices (such as ipads and iphones). Any claims for defects, corrections, or glitches must be made within 30 days of the project being completed. This Web Design Project will be developed to no specific standard nor does it conform to any particular www requirement. The Client has viewed WeirdTales Design Studio portfolio and pre-designed Websites prior to signing this document. WeirdTales Design Studio does not warrant that the website is immune to 3rd party damages, hacking, presence of virus, spyware, etc. and is not responsible in any way for its presence or removal. WeirdTales Design Studio does not warrant that a web site will meet the client’s expectations of site traffic or resulting business.
6. Copyrights and Trademarks. The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to WeirdTales Design Studio for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend WeirdTales Design Studio from any claim or suit arising from the use of such elements.
Custom Designs: 75% of the total project cost is due at the start of the project, with the remaining 25% balance due upon acceptance of the design/layout but BEFORE installation. When there is a waiting list for Custom Designs, an initial, non-refundable 25% deposit is required to hold your place on the waiting list. 50% of the total project cost is due at the start of the project, with the remaining 25% balance due upon acceptance of the design/layout but BEFORE installation.
Pre-Designed Websites: Payment for all pre-Designed Templates and Print/Design Services is payable in full BEFORE work begins.
8. Completion Date. For Custom Design orders: WeirdTales Design Studio and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 60 days after client has submitted all necessary materials, unless it has been agreed different. If the client does not supply WeirdTales Design Studio design with complete text and graphic content for this web design project within 45 days of the date this agreement was signed, the contact is void and any deposits are forfeited.
For All Other Orders: WeirdTales Design Studio and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 30 days after the client has submitted all necessary materials, unless it has been agreed different. If the client does not supply WeirdTales Design Studio with complete content for the project within 45 days after receipt of order, the contract will then be void and any deposits and payments are forfeited.
9. Support and Communication. You will receive e-mail support for 30 days after your site has been turned over to you. I encourage you to use this time to load your products and process several test orders to become familiar with the functionality of your site. After 30 days, there may be a charge for hourly support depending on the frequency and complexity of your questions. Please note that all of our communication will be through e-mail and that any questions not relating to the template itself should be directed to your hosting provider.
10. Hourly Rate for Revisions/Maintenance. A client is allowed up to 3 sets of revisions for Custom Projects only. All other pre-designed 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. The current hourly rate for website revisions, changes and maintenance is € 75. If client requests revisions after the project has been completed, the current posted hourly rate will apply. This rate may be modified at anytime, without notice, by WeirdTales Design Studio.
11. Project Delivery/Hosting. The final website design project will be published to the client’s hosting service upon receipt of full payment. The client understands that hosting services and domain registrations are not included with the web design project. Further, the client will be solely responsible for any and all hosting service charges.
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. If this occurs it is the client’s sole responsibility to work with their hosting company to re-activate their account.
12. Electronic Commerce Laws. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend WeirdTales Design Studio, it’s owners, employees, affiliates and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
13. Website Design Project Copyright. WeirdTales Design Studio will own copyright to the finished web design site produced by WeirdTales Design Studio. The client will be assigned rights to use the web design project as a website, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners unless the Client purchases the copyright licence to use the graphics for their business or to alter the design. WeirdTales Design Studio retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer’s business and as examples of their work in their respective portfolios. Where applicable the client will be given any necessary credit for usage of the project elements.
14. Legal Notice. Notwithstanding anything to the contrary contained in this contract WeirdTales Design Studio cannot warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will WeirdTales Design Studio be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, tampering with the back end code, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor’s computer or internet software.
15. Website/Hosting/Server Moves. Should the client wish to move their site to another hosting company, WeirdTales Design Studio shall not be responsible for any problems that may arise from that move. In this instance all technical support questions regarding web hosting, domains and email are to be directed to the client’s new web hosting company. Any required work to move or repair a site that’s been moved by client or a 3rd party will be subject to our hourly rates.
16. Chargebacks/Cancellations. Client reserves the right to cancel their project for any reason during the development stage. However, all monies paid to WeirdTales Design Studio will be forfeited upon cancellation, and the design in progress will be forfeited as well. WeirdTales Design Studio reserves the right to sell any portion of a cancelled custom designed website to another client.
To pursue a refund of money paid to WeirdTales Design Studio when bound by the terms of this Contract is considered fraud and will be aggressively reported and prosecuted. WeirdTales Design Studio will not negotiate chargebacks with any person or company. Charge backs are NEVER 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 WeirdTales Design Studio, we will not hesitate to proceed with collection and legal action to recover funds.
17. Non-Communication. If WeirdTales Design Studio is unable to communicate with a client on a custom design project for a duration of twenty-one (21) days by email during the design and development process, the project will be cancelled without prior notice and any monies paid will be forfeited to WeirdTales Design Studio. It is the responsibility of the client to provide WeirdTales Design Studio with all necessary information, and WeirdTales Design Studio cannot be expected to chase any outstanding information.
The client also understands that if they do not respond to requests for information promptly, their project may be moved behind others and this may cause a delay in completion time.
18. 3rd Party Artwork or Graphics. Please note we will not use graphics or artwork created by another designer or artist without first receiving direct written permission from the artist or designer allowing us to use the graphics/artwork in our designs. Wherever the original designer requires a royalty fee be paid before their artwork can legally be used in a design, you will be responsible for any additional royalty fees that apply.
19. Professional Photographs. If you submit professional photos to us, they will need to be accompanied by a signed release from the photographer allowing us to use the photographs in any print designs we create for you.
20. Logos. If you would like to use a logo that you have complete rights to, then you may submit that upon checkout. If you are unsure of whether you own the rights to the logo, please contact the logo designer for verification. Logos must be submitted in a suitable format for use on your website. If logo requires a “clean up” work before use, client shall be charged a one time logo preparation fee of €80.
21. Home Page Collage/Image. All pre-designed websites contain sample content and images for illustrative purposes. Images and content are NOT included with your purchase. If you would like to purchase the rights to any photos shown in the sample design, please contact us to make arrangements.
22. External Links. External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use.
23. Liability. WeirdTales Design Studio will not be held responsible for any errors caused by changes or modifications being made to any of our designs or templates by you or any 3rd party. Repairs made by WeirdTales Design Studio to any such errors will incur charges at a rate of € 75 per hour.
24. Restrictions. The use of graphics and code from any WeirdTales Design Studio product or service may not be used to display information or sell content that is religiously offensive, racially insensitive, or pornographic. WeirdTales Design Studio also reserves the right to refuse service or support for any reason, including but not limited to excessive communications, revisions, and exhaustion of services
25. Privacy. Your privacy is important to us. We respect and commit protecting it. All private information involved in any website design project or service provided by WeirdTales Design Studio will remain private and will never be used, redistributed or sold to third parties. Your private information, name, address, phone number and email address will not be given as references to potential clients nor will be published in any way or form on the web, in email communications, or in print.