Kiss Chanel Designs Contract & Terms
KISS CHANEL DESIGNS
STONE MOUNTAIN, GA 30083
MAIN: (347) 687-KISS
FAX: (347) 823-3449
To Whom It may Concern:
I will always do my best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. I have no desire to trick you into signing something that you might later regret. I do want what’s best for the safety of both parties, now and in the future.
Communication is key! As I work, I will keep you up to date on all progress. I urge you to e-mail me anytime with any questions you have regarding your project. You may send your inquiries at any time, but a response will not be received until my business hours, depending on the subject or urgency of the matter. ALL COMMUNICATIONS regarding your project are to be strictly done by email for legal purposes, project organization and efficiency. Depending on certain circumstances, text/telephone support will be provided, however, legal discussions (e.g.: monetary goals) will be conducted via email. Constant contact via email creates an electronic account and a written record that helps to eliminate any misunderstandings and complications. Communication will only be made with the website owner. Please ask for permission prior to carbon copy (CC) email correspondence with another party.
Business operations & email correspondence will only occur during the following hours:
Monday – Thursday: 6PM – 10PM EST.
No Fridays, Weekends, nor Holidays.
If you submit your email outside of these hours, please allow 24 – 48 hours for a response, even if we corresponded the same day.
Payments must be made promptly based on the terms of this Web Design Project Agreement. Kiss Chanel Designs reserves the right to remove any Web Project from viewing on the Internet until final payment is made. Invoicing will be sent via email where you can utilize your credit or debit card on our secure server. Payments also can be made by going to:
Stone Mountain, GA 30087
Kiss Chanel Designs will not negotiate chargebacks with any person or company. Chargebacks 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 Kiss Chanel Designs, I will not hesitate to proceed with legal action to recover funds. All website projects are held for 45 days to ensure no reversals are made after services were rendered and a suspension notice will be implemented if any payments are reversed / late.
All WEB DESIGN work requires a non-refundable 50% deposit before I begin your project if the total cost exceeds $301. The remaining payment is due once I have reached the Final Phases of your project. All GRAPHIC DESIGN projects below $75 requires the full payment.
Kiss Chanel will not deliver the project without my sample watermark until the second half is paid in full. The first half of the payment is to ensure that the client is serious about wanting a site and for the time and effort that was placed into drafting. Once you have made your final payment, it becomes non-refundable as well. Paying your total invoice confirms that you are satisfied with what I have presented and agree to move forward with the completion of the project. After completion of project, any further appeals for additional work or alterations, will result in extra charges for a la carte service(s) rendered. For example, requesting a different template will result in another deposit.
Working During Closed Hours.
Kiss Chanel Designs is closed from Thursday 10pm til Monday 6pm. Depending on the importance of the after hours assistance, and troubleshooting request, there will be a small fee assessed (starting from $15/hr). Once confirmed that you agree to the price, the fee has to be paid the same day. At least $30 must be paid prior to me executing/investigating the request. Kiss Chanel Designs will not provide emergency services without the deposit being paid first. There is no charge for email correspondence once the project has begun.
Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into Stone Mountain, Georgia, and any dispute will be litigated or arbitrated in Gwinnett County, Georgia and the Client hereby consents to the personal jurisdiction of the Georgia State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. All payments will be made in U.S. Dollars.
Whether Kiss Chanel Designs is creating a logo, graphic or building your website from scratch, or redesigning an existing website, everything will belong to you. Any new accounts created will be created using the information you provide when you sign this contract. The only time Kiss Chanel Designs will keep project materials is if the client refuses to pay an invoice. If an invoice becomes 7 days past due, Kiss Chanel Designs will terminate the contract and provide the client via email of the work that was already completed.
To receive a definite start date, the minimal deposit must be made first (depending on the total pricing quote). Another deposit must be paid after you receive your first presentation (which may not be due until 50% of the project is completed (see Payments). Your deposit must also be made at least 5 days prior to your anticipated start date. This validates the sincerity of your will to work with me as my client. Kiss Chanel Designs will work on your project only during the days appointed to you to ensure efficiency and faster turnaround time. During my work hours, after you make the 1st deposit, we will have to discuss and look over site structure, analyzing your domain registration account, the possibility of you needing a different hosting company & etc. This initial teamwork with you is why I request a deposit 5 days before the actual start date so that everything will run smoothly for better results on your appointment date. Thereafter, I start the designing & development process.
Note: If I have any delays or emergencies on my end, I will let you know immediately and compensate you by working 8 hours outside of my business hours, free of charge. You will be notified which day the 8 hours will be compensated. Sundays are not included.
Username & Passwords.
Your proprietary login information will be kept private and I will not distribute to anyone without prior consent or knowledge. Your permission to do so will have to be confirmed via email first. During your project, please do not make any changes to your account (password, login, address & etc) because this will delay my turn around time immensely. My hours of design are on a set strict schedule and something as simple as changing your WordPress password may delay the expected completion date by 30 business days.
My goal is to satisfy my customers by delivering high-quality work in a very timely manner. My turnaround time depends on the size of your project and my current workload, and can be delivered anywhere from 7 business days, to 45 days. This will be discussed before I agree to begin working on your project. The sooner I have everything I need from you to complete the project, the sooner the project will be completed. Delays due to the client not providing essential items needed to complete the project are not Kiss Chanel Designs’s responsibility. If all content is not provided by the client within 7 days of the requested date, the project will be considered expired and breach of contract.
During designing of your website, it will not be viewable by visitors until the project is completed. An “Under Construction” page will be shown, leaving details of how much is completed, the date/month that it will be completed, along with the option to subscribe to be notified via email once the site has relaunched (if you desire). I will give you the email list of website subscribers once the project is completed.
While I am working on your project, you will receive a few emails from me. If I am setting up new accounts, it will be set up with your information (name, address & etc). When I have completed 50% of your design, I will email you with the subject line “50% Completed” which will have previews of your site half completed so you can provide feedback about the progress. Once you approve, I will set a new appointment date to move forward with the completion of the website and give you the expected date of completion. Once completed, you will get another email titled “Final Draft” where you can review the entire site and submit your last round of edits before I close out the project. After your final approval, I will send an email titled “Website Completed” with details about your completed website, tutorials on how to manage it, graphics that were created, and your account information.
All clients are encouraged to provide a proofread final draft for all content that is to be submitted for their project (e.g.: Images, About Us, Contact & etc) during the design process. If the Client does not supply Kiss Chanel Designs with correspondence, complete text/graphics or content for this Web Project within 7 days of the effective date of this agreement, the project will be deemed canceled by the client and the entire amount of the payment shall be retained by Kiss Chanel Designs as liquidated damages and the contract shall become null and void. Kiss Chanel Designs reserves the right to not work on a project past the 7 day mark of the start date without a new agreement and a new price quote and/or deposit to continue services.
Kiss Chanel Designs reserves the right to place a small logo, or “Designed by Kiss Chanel Designs” text on any web projects. This will be done very discreetly and customized to match the layout without standing out. The logo or text may not be removed, and in any case that it is, will be considered a violation of my terms and a $150 fee will be assessed. If you would rather not have my design credit added, an additional fee will be charged on a project to project basis (not to exceed $250). Below is an example of the Design Credit:
You will be presented with examples of templates to choose from before we start your project. I will build or redesign your website with WordPress and WordPress only. I specialize in developing for the WordPress Content Management System, which is used by many top sites such as CNN, UPS, and TechCrunch. The templates that I use will be WordPress compatible templates, that will be customized to your liking. WordPress allows you to edit content as easily as editing an email. A Content Management System (CMS) is a system which allows users with no knowledge of HTML or CSS to edit the content of an existing web page and even add new pages and sections based on pre-existing templates. Similar to how the blogging tool works, there is an administration area where users can login and simply edit the text as they would in a text editor and the CMS takes care of the rest. This is why I utilize WordPress (The #1 CMS for the world wide web) for all of my projects.
I may have written a great contract, but I’m not responsible for writing or inputting any text copy unless I specified it in the original estimate. I’ll be happy to help though, and in addition to the estimate I will charge you a flat fee of $25 for copy writing or content input (pricing may change depending on the workload).
eCommerce is an online store with shopping cart features. People can purchase your products via PayPal, Visa, Mastercard and all other major credit cards payments. You will not have to pay any monthly fees to have your own online store. I provide a huge discount when it comes to eCommerce because most web developers take “full control” of the website and/or online store and charge fees for everything. I am a web designer, so I will build your website and provide you with tutorials that will aide you with frequent online inventory and pricing changes. For eCommerce and shopping cart functions, you will receive a detailed tutorial pdf file (as a courtesy) on how to add products to your online store & etc. It is assumed that you as the website owner will make all changes and updates to your website yourself. The reasons why I do not add the merchandise are:
a) It would be an extra charge of $250 for me to do it, and I am all about my clients saving their money.
b) Because it’s your store. Who knows the products and pricing better than the person that owns it?
c) The time you spend drafting a list to email me the items, pictures, descriptions and the price, could have been spent doing it yourself on your website.
Kiss Chanel Designs provides website maintenance services, such as redesigning your template, updating information on a web page and adding widgets with information to your sidebar for a nominal fee. Kiss Chanel does do not provide maintenance services such as database issues, inability to understand or how to make changes to your website, or how to run your eCommerce or shopping cart. Kiss Chanel Designs is not responsible for website issues nor maintenance once the design is done. If you do require help with anything beyond the design and development of your site, I will be happy to help and will charge you based on the labor + workload. The minimal fee is $25 for any request, which must be paid prior to me executing your request.
Kiss Chanel Designs will allow one round of alterations after the confirmation of fonts, colors, and template and/or when the project is completed and you have received the “Final Draft” email. Case Scenario: I am completed with the website and I submit it to you for final review and approval. You then decide that you rather have a black background instead of a white background: There’s a charge for me to make these edits. This compensates my time and the possibility that your requests may require a new appointment. A fee will also be assessed for graphic edits. The fee will be determined on a case by case scenario and you will be invoiced prior to the alterations. Multiple requests, indecisiveness, and “test” edits may also assess an extra fee. Kiss Chanel Designs also reserves the right to decline to provide services that were not agreed upon during the initial consultation.
Note: Please remember you will be agreeing to a possible charge at the end of the project once you are presented with the Final Draft.
Unlike most other web designers, I am affordable. Most designers start their rates at $2500 for a new website. I am honest and upfront about my pricing structure. Nothing you do not want or need is forced upon you. You will have a clear understanding of the cost before the project begins and there will be no surprises when you receive the final invoice (if applicable). Prices are subject to change at any time and may be adjusted according to the client’s needs. A handling fee of 4% will be added to every invoice & a small fee will be assessed for the 2 remaining detailed consultations. A fee will be assessed to have an extension on payment arrangements that are outside of Kiss Chanel terms and/or if your payment goes past 30 days. You may compare my prices to this Web Design Calculator.
This agreement constitutes the sole agreement between Kiss Chanel Designs and _______________________ from _________ to _________ regarding this Web Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both ______________________ and Kiss Chanel Designs. All prices and workload specified in this contract will be honored for 45 days after you (the client) sign this contract. Continued services after that time will require a new agreement. Kiss Chanel Designs reserves the right to decline certain services and/or terminate this agreement at any time. Kiss Chanel Designs always do the utmost to be sure you are happy with your final product. Should it become apparent that Kiss Chanel Designs will not be able to satisfy your needs, we will discuss reaching a mutual agreement that satisfies both parties. This does not mean that a refund will be issued. Kiss Chanel Designs does not offer refunds once a deposit is made.
But where is all the horrible small print? There is none! The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. It is your responsibility to make sure you read and understand the terms of service before making your first deposit. Please do not hesitate to ask any questions before you accept this agreement!
Kiss Chanel Designs / Chanel Wright
I, Chanel Wright, am confirming the stipulations of this contract, as of February 1st, 2017