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Terms of Service
Our goal at Infinite Simplicity is to bring your website vision to life with a minimum of complication, time, and hassle. By using Infinite Simplicity services all clients explicitly agree to the Terms.
Authorization : The client hereby agrees to retain the services of Infinite Simplicity Web Design for the specific purpose of developing, improving, or maintaining a website or providing other web services. These web services are to be installed either on the client’s current host, or on the Infinite Simplicity hosting server. The client hereby authorizes Infinite Simplicity Web Design to access any files, directories, web services ,and/or other web environments that are related to this project. The client also authorizes Infinite Simplicity to publicize, advertise, or list this website on the World Wide Web as required by the needs of the project.
Website Ownership: Upon completion of the commissioned website and full settlement of the related account, ownership of said website passes to the client. The client has the right to store the website either on the Infinite Simplicity hosting service or on a third-party server. The client does not have the right to resell the website core programming and/or design to any other person(s). The client agrees to leave the footer text and web-link, referring to Infinite Simplicity, intact and unaltered.
Domain Name Ownership: Domain names are leased from registration companies (Infinite Simplicity uses GoDaddy.com). If a client does not already have a domain name, registration fees can be added to the clients invoice total. Domain names remain the property of the client and, upon full settlement of any outstanding accounts with Infinite Simplicity, may be used regardless of whether or not the client continues to use Infinite Simplicity web services. Domain renewals are the responsibility of the client, unless domain maintenance is included in the services being provided to the client by Infinite Simplicity.
Project Initiation: After the initial consultation, the client is required to sign a Service Contract at which time a date for the project initiation will be determined and an initial quote provided. The client is required to pay a non-refundable deposit for the project, the amount being equal to 30% of the initial quote. Upon payment of the deposit, work will commence on the project at the agreed upon date. Should payment not be received by that date, late fees will be incurred.
Ownership and Copyright of Content: Articles and other forms of media (audio tracks, images, logos, etc.) must be submitted by the client for inclusion in the website design, bearing in mind that Infinite Simplicity will counsel the client in regard to the usability and suitability of all materials provided. The client also has the option of allowing the Infinite Simplicity design team to choose such materials, in consultation with and pending final approval by the client.
Content Delivery Method: All content must be submitted in electronic form, either by email to an address specified by Infinite Simplicity or uploaded at a designated webpage to the Infinite Simplicity server. The client is required to submit a list of submitted file names and instructions for placement on the website. Text content may be submitted either through email or fax.
Submitted Content should be in “Final” form, additional changes to this content after project completion will incur a fee.
Guaranteed One-Week Delivery of Initial Site Design: If the client is purchasing the design for later coding by a third party, the client shall receive the design in its original PSD format. If the design is a part of a larger Infinite Simplicity web design package, the client will be sent an easily viewable JPG file for review. Initial design shall be completed within five business days. The client may request additional changes 3 times during the design process, each time extending the deadline by an additional five days. Should the client still be unsatisfied with the design after three such modifications, additional fees may apply. Infinite Simplicity reserves the right to terminate any or all services for the client at any point and will refund any monies paid by the client other than the amount of the non-refundable deposit (see: Project Initiation).
Website Revisions after Project Completion: The client agrees that although Infinite Simplicity may choose to waive the fee for a minor revision (depending on the degree of difficulty as determined by Infinite Simplicity), a revision fee otherwise applies for any changes requested after project completion.
Project Timeliness, Incentives and Penalties: In order to keep projects on track and achieve completion by the specified deadlines, Infinite Simplicity offers incentives and penalties. Should the client submit all website content, including graphics and other media, to Infinite Simplicity Web Design 5 days prior to project initiation, a $100 discount will be applied to the client account. Alternatively, should the client delay production by not submitting the necessary content within 5 days of project initiation, a fee of $50 per week will be applied to the account so long as production is delayed. Should the project remain delayed for more than 60 days, Infinite Simplicity reserves the right to consider the project complete as-is and bill for the work done to that date.
Project Completion: A deadline for project completion shall be discussed in the initial consultation with the client and documented within the Service Contract before project initiation. Infinite Simplicity reserves the right to extend the deadline by an additional 30 days if the project is deemed to require more time than originally anticipated. Should a deadline need to be extended, Infinite Simplicity will alert the client at least 14 calendar days in advance of the deadline. Infinite Simplicity reserves the right to display a screenshot of the completed project on the iswebdesign.ca website for the purpose of self-promotion.
Payment Policies: For website creation projects, all accounts are due upon completion of the site. For web services such as e-mail subscription services or e-mail marketing, payments are due monthly unless otherwise specified in the client invoice. Failure to pay an outstanding amount within 15 calendar days will incur an additional 2.5% (of the current invoice) charge for every 15 calendar days that payment is overdue.
Termination of Service: Should the client wish to terminate service after the project has been initiated, the client shall be responsible for charges incurred by services already done by Infinite Simplicity. Depending on the amount of work completed, and the amount already paid on the account, the client may be entitled to a full refund, partial refund, no refund, or may be required to pay additional fees. If the client received a discount on services because of a maintenance agreement or other agreement, this discount will no longer apply and the client shall be responsible for the full service cost.
Clients wishing to terminate services must do so in writing and give Infinite Simplicity up to 14 business days to comply with the request.
Third Party Vendors: Third party vendors have their own Terms of Service and Conditions, Infinite Simplicity is not responsible for third party vendors.
Refusal of Service: Infinite Simplicity reserves the right to refuse service to anyone, at any time, without reason or justification.
Legal and Liability: Although Infinite Simplicity devotes a great deal of time and care to each of its services, the internet is too large of an entity to compensate for every eventuality. Infinite Simplicity is not liable to the client or any third-party for any loss of profit, loss of savings, or other special damages arising from the operation of a website. Should the client fear risk, Infinite Simplicity strongly advises against the use of the internet.
The client agrees that any and all legal action or consequence that arise as a result of the client’s website is the sole responsibility of the client. Should Infinite Simplicity be subpoenaed or asked to appear in court, the client is solely responsible for all legal expenses and/or damages that Infinite Simplicity incurs.
Changes to Terms of Service: Infinite Simplicity reserves the right to change these Terms of Service at any time without notice. Should the Terms of Service change, Infinite Simplicity will post an announcement within the Infinite Simplicity website for the clients’ convenience and reference. If any provision of these terms be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of service and shall not affect the validity and enforceability of any remaining provisions.