terms & conditions
The client hereby authorizes MOXIE MADE to access any hosting or domain account for the sole purpose of installing and updating the web product. The client also authorizes the hosting service to provide MOXIE MADE with complete access to the client's account and any other programs needed for this web design project as deemed necessary by the project agreement.
The client understands that MOXIE MADE provides limited technical support for the Wix hosting service. The client is responsible for all hosting fees for Wix. It is the client's responsibility to make sure that Wix will provide the features and function that works best for their business.
Hourly Rates / Revisions
The client is allowed one (1) major round of revisions for their web design. Major revisions include a completely new layout, new graphics, new features or functionality. Minor revisions are accepted throughout the design process, within reason. If the client should go over this amount, a fee will be required. Hourly rates start at $75.00 (minimum charges vary by job).
MOXIE MADE works hard to complete all projects in a timely manner and will provide the client with an estimated time of delivery for the project. However, MOXIE MADE cannot guarantee deadlines as each project is unique and so is each client. MOXIE MADE will communicate with the client during the entire development of the project and provide status updates. The client must supply MOXIE MADE with complete text and graphic content for this web design project before the project can begin. The client understands that if they do not respond to a request promptly, their project may be moved behind others and this may cause a delay in completion time.
MOXIE MADE reserves the right to assign other designers or subcontractors to the client’s project to ensure quality and on-time completion.
Payment of Fees
The client must make a payment of at least 50% for the waiting list fee. No web design will begin until the signed agreement, creative questionnaire and homework are received. The client understands that before installation the remaining 50% will be due. Upon receipt of final payment, the final website will be published to the client's Wix account. If paying by check, the client agrees that should the bank return payment for any reason, the client will be liable for any additional fees incurred by MOXIE MADE and will be charged a $30.00 fee. The client understands that if final payment is not received within seven (7) days of the design completion, additional fees of $45.00 per day will be assessed.
Hosting / Domains
The client understands that hosting services are not included with the web design project. The client is solely responsible for any and all hosting service charges. Domain registration is the client's responsibility but MOXIE MADE will assist in setting up the domain name if needed. MOXIE MADE recommends GoDaddy.com for domain registration services and will need access to the client's account in order to set up the domain properly.
Performance Liability / Legal
The design project will be developed using various commercial software products. While MOXIE MADE will make every effort to design a fully functional website the warranty does not cover AOL, Internet Explorer 8 or below, text-based browsers or any other special effects that MOXIE MADE may advise against. Any claims for defects, corrections, or glitches must be made within 14 days of the project being completed. All requests made after the 14 day period may be subject to additional fees at the normal hourly rate. In no event will MOXIE MADE be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Copyright and Trademarks (for materials provided by client)
Copying images, text or design layouts from other sites is not condoned by MOXIE MADE. Any text, images and products provided must be owned by the client and must have expressed written permission to use. Under no circumstances will MOXIE MADE be held liable for content provided by a client on a client website. The client will be responsible for paying any and all legal expenses that are a result of lawsuit against MOXIE MADE for graphics, images and/or content which is provided by and used by the client.
Copyright of Design
Copyright to the finished assembled work of HTML, XMTHL and/or CSS produced by MOXIE MADE maintains the property of MOXIE MADE until payment of services is made in full. At that time, the copyright transfers to the client. The copyright of logo and all graphic design is transferred to the client upon completion of the site and any print design services requested.
Credit and Use of Products
The MOXIE MADE credit must remain on all of my web designs. I require that the text link back to moxiemade.com remain in place and in working order. All preliminary proofs including graphics, layouts, etc, which are not selected by the client remain the full property of MOXIE MADE and may be used in future projects.
The agreement contained in this "Project Agreement" constitutes the sole agreement between MOXIE MADE and the client regarding the project outlined above. Any additional work not specified in this contract requires a separate agreement.
Refunds / Chargebacks
MOXIE MADE does not provide refunds for graphic or web design services. This includes any deposits paid for the waiting list. The client must submit termination of services in writing. In the event of a cancellation of contract, ownership of all artwork, layouts and development remain the property of MOXIE MADE and will not be transferred to the client. MOXIE MADE will not negotiate chargebacks with any person or company. Fraudulent credit card chargebacks will be aggressively prosecuted and reported to all major credit bureaus as a delinquent collection account.
The client will receive a series of web tutorials once their site has been completed and turned over to them. The tutorials go through basic functions to help familiarize the client with their site and are the yours to keep and review as needed. MOXIE MADE also offers a client resource area with other tutorials and helpful information.
Lifetime email support is included with each web design. Specific issues with the Wix hosting may have to be resolved through their support system. Any changes or adjustments to the client’s website by the client may result in maintenance fees.
If MOXIE MADE is unable to communicate with a client on a project for a duration of fourteen (14) days by phone or email during the design and development process, the project will be canceled without prior notice and any monies paid will be forfeited.
MOXIE MADEwill never sell or share any information you provide us to a third party. All credit cards are processed through our merchant account and are never kept on file or even seen by us.
I use Stripe as my payment processor, so I accept Visa, MasterCard, American Express, and Discover.
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