NOTE: Our Terms of Service are the result of our own experience as a design studio and current web design standards and, as such, they are constantly evolving as our business evolves. These are the most current terms as of January 2012.
Before Work Begins
Before we take on and begin development on a new project, we will engage in a dialogue – often via email or chat – to flesh out the scope of the project and a bit about the style of the design we will be building for you. When we have enough information, we will deliver a price quote for services based on the specifics of your project.
We work hard and put a lot of time into creating a website design that exceeds your expectations the first time around. We understand, however that this cannot always be the case. Because we approach each site as a unique reflection of your personality and/or business, each site mockup we design can take quite a long time to create, therefore, we cannot offer unlimited revisions. Our first step in building the best site that represents your personal brand on the web is to design a couple website mockups, which we refer to as the initial design phase. Each project proposal or quote for services includes up to 15 hours of design time for the initial design phase of finding the right look for your site. Any additional design time beyond 15 hours for revisions or modifications during the design phase will be billed at $75/hour.
Link Back and Credits
Any design, production or development that is provided to the client or the client’s website requires a reciprocal link on their website via text link to ArcanePalette.com unless another agreement has been made. The client unconditionally guarantees that links back to Arcane Palette will remain on the site, preferably where the designer has placed them, until such a time that the design is no longer active and live to the Internet. Removal of this link is in violation of this agreement and subject to breach of contract. This link effectively guarantees that your work is original and designed by Arcane Palette. Removing this link, and thereby terminating the contract, means that Arcane Palette can reuse the design originally built exclusively for the client in any way we see fit.
Copyright & Ownership
Upon completion, Arcane Palette Creative Design transfers all rights and ownership of the final product to the client. Software and third party graphics or programs remain under the copyright of their original owners. All files used in the creation of the client’s project, such as graphics, Photoshop documents, source code, etc, that were not submitted by the client will be retained by Arcane Palette unless otherwise agreed upon.
Additionally, custom themes for WordPress, Blogger, phpBB, Coppermine Gallery, and many others are released to the client under the GNU General Public License Agreement.
Arcane Palette reserves the right to resell web site designs that remain unpaid for by the original client, unused mockups or other graphics created by Arcane Palette Creative Design but not in use by the client.
Arcane Palette Creative Design reserves the right to display websites and graphics that we have designed on our website as examples of our work.
Any changes made to a design or software’s back end (including, but not limited to style sheet coding, code changes, plugin modifications) after a project’s completion are the sole responsibility of the client. If the client requires assistance with undoing or fixing such changes after project completion, we reserve the right to seek payment for such assistance.
Site backup is something the client is responsible for maintaining. While we may be able to provide you with backup files from the design stage, we offer no guarantee for those files. We may also be able to assist in restoring files from backups generated by your web hosting company, if applicable.
All our website designs are tested in the following browsers for compatibility: The latest versions of Internet Explorer, Mozilla FireFox, Google Chrome and Safari. An additional charge may be requested for testing in additional browsers.
If we are unable to communicate with a client on a project for a duration of at least thirty days (30) during the design and development process, the project will be canceled without prior notice and no refund will be issued.
Web Site Maintenance
Arcane Palette Creative Design offers site maintenance at our hourly rate. Past or existing clients may also wish to set up a monthly agreement to have our services on retainer for a flat fee.
When/If we obtain imagery for your project, we use images that come from free or low-cost stock imagery sites that allow a royalty-free license. However, many of our clients provide us with their own imagery. We will not personally acquire rights-protected images for use in a client project, and clients who request use of and send us images that are licensed assume all risk of liability in using such images.
The above Terms of Service become effective upon receipt of a 50% deposit on your project. The remaining 50% will be due upon completion of the project. We accept payments from all major credit cards via Google Checkout or PayPal. We will be responsible for sending an invoice with your balance due. We do not accept personal checks or money orders outside the state of Utah.
If payment has not been received within 30 days of completion of the design and reasonable explanation has not been given, Arcane Palette will pull down the content that has been designed until payment has been received.
For ongoing maintenance work, three successive months of non-payment will result in an immediate stop to any future updates to your site until the outstanding balance is received.
Your purchase of design or other services from Arcane Palette Creative Design acknowledges compliance with all terms and conditions stated above.