TERMS OF SERVICE
PLEASE READ CAREFULLY
Here it comes, our legal mumbo jumbo. Get yourself situated with a cup of coffee and enjoy our epic novel.
By purchasing products or services from Austin Blu (us, we), the Client (you), understand and agree to the terms outlined in this agreement, which is a binding legal contract between you and us.
Payment Methods
At this time, we accept checks and credit cards (VISA, MasterCard, AmEx, and Discover). If paying by credit card, we will add a convince fee of 3% for invoices totaling $1,500 or more.
New Projects
All design and development projects require payment in full prior to the commencement of work unless otherwise stated on the original quote. Any services performed not included on the original quote will be invoiced on the next billing cycle. Payment is due within thirty (30) days of the invoice date.
Maintenance & Troubleshooting
Maintenance is billed monthly and is due within thirty (30) days of the invoice date. If a delinquent status exists, all past due invoices must be paid in full prior to the commencement of any new work.
As a convenience to our clients, we can bill website maintenance annually; however, there is no discount and no refunds if you chose to drop this service. You may still get monthly invoices for hosting, domain registrations, and content updates.
Website Hosting & Domain Renewal
Website hosting and domain renewal fees must be paid within 30 days of the invoice date. If not paid within the 30 days, we will cancel your hosting and domain accounts. That means your site will go down.
Late Payments
All invoices are dues within thirty (30) days of the invoice date. Delinquent invoices will be assessed a $25 administration fee if payment is not received within thirty (30) days of the invoice date and for each month of delinquency thereafter.
As a small business, your timely payment is greatly appreciated.
Returned Checks
We charge a $36 fee for returned checks.
Collections
In case collection proves necessary, you agree to pay all fees incurred by us for the collection process.
Refunds
Due to the nature of our services, all monies are non-refundable and prices are subject to change without notice.
Unless otherwise stated, we make our best attempt to have projects completed within the estimated completion date; however, we cannot guarantee this.
All website contract elements must be completed at the time the site is launched unless otherwise agreed upon by both parties. Contract elements completed after the site is launched will be considered either a new project or website maintenance and are subject to our standard development and maintenance fees. Example: You asked us to quote a 10 page site, but you only had content for 8 pages when the site went live.
Communication is Key
Communication is key to the success of any project. We will communicate with you throughout the project duration, including status updates and answering any questions or comments.
Should you fail to provide any requested information or respond to status updates and questions within 3-4 days, your project may be bumped to the bottom our project schedule.
Content
We will need your content one week before your project’s start date. All content must be in the required format as outlined in our Content Submission Guidelines. If we do not receive your content before your project’s start date, we can reassign your project a new start date; however, we must have your content prior to doing so and we will charge you a continuation fee of $100. If you do not submit all necessary content within one month after your original project start date, we will cancel your project. There are no refunds and any work completed remains our property.
Site Review
Once your site is complete, you have three business days to review it and get back to us with (1) set of minor changes, which we will make at no additional charge. If you fail to respond by the end of business on the third day, we will publish the site as is. Any changes after the site is published are subject to our standard development and maintenance fees.
Unless otherwise stated on your website estimate, Austin Blu will host your website. We do not grant full administrative access to a WordPress installation or to the hosting account to clients. If you would like your own hosting account, we can also set that up for you.
If you prefer to setup your own hosting, be advised that we do not work with all hosting companies. Please speak with us prior to selecting a hosting provider.
We are a virtual business and do all of our communication electronically through email. You agree to check your email regularly for emails from us. Any emails from us are effective at the time sent, regardless of whether the email is read or received by you.
Be sure to check your spam folder and whitelist our domain and add our email addresses to your safe-senders list.
All content including text, images, graphics, etc. are your responsibility unless you have contracted with us to provide all or part of your content.
Our Content Submission Guidelines outlines how we need content formatted and submitted to us. Failure to follow these guidelines may result in additional charges and project delays.
You are responsible for all costs associated with third-party services or products such as website hosting, SSL certificates, domain name registration etc.
All logo design services are subject to the “Terms of Agreement” set forth in this document.
Logo Design Questionnaire
Prior to starting your logo project, we must have a completed Logo Design Questionnaire. The questionnaire outlines the design requirements we will use to create your logo; so please be as specific as possible and fill out the form completely. We reserve the right to withdraw our offer if this document is not completed to our satisfaction. View our Logo Design Portfolio.
Initial Concepts & Revisions
We will submit initial concepts and revision requests via email. You have three free revisions. Upon email notification, you have three calendar days to review the initial designs or provide feedback for revisions.
Additional Revisions
If you need additional revisions to the selected concept, we will gladly do so for an additional fee. If you request additional revisions after final files have been requested and/or delivered, there will be an additional fee of $75. Final files are generated for the selected concept only. You can purchase additional concepts for $75/each.
Timely Communication Responses
You will have three calendar days to respond to each response sent to you. If you fail to review designs and submit feedback within three calendar days, we will assume that your project is complete. Once a project is deemed complete, all logo design files are held for a period of no more than 10 days after which time we will remove all completed files from our servers.
Logo Ownership
Ownership of the final logo artwork selected is your property. Concepts and revisions not purchased by you are not included in the final delivery and remain the full property of the designer.
Trademarks/Copyright/Service Mark
We encourage you to perform research on your organization’s name and logo image prior to use to be sure the name or logo image is not already in use. We cannot be held responsible for any legal action that may result from improper due diligence on your part regarding the availability of your organization’s name or logo image.
We also encourage you to secure a copyright, trademark, or service mark to protect your legal rights to your organization’s name and/or logo image.
Like all clients, pro bono recipients must agree to adhere to the rules outlined in this document (Terms of Service Agreement).
What We Provide at No Cost
Only services outlined in the Pro Bono Website Design Agreement will be free of charge.
What Costs are Your Responsibility
- Hosting and domain registration fees
- Any additional services/products not outlined in the Pro Bono Website Design Agreement
Eligibility Requirements (Extended Version)
- Must be designated as tax-exempt under section 501(c)3 of the Internal Revenue Code
- Must have a written non-discrimination policy in place stating that your organization does NOT discriminate based on race, religion, age, or sexual orientation
- Must operate in the United States
- Applicants agree to cross-promotion at the completion of the project
- Must be comfortable with giving us creative control and open to content suggestions that will benefit your organization’s online presence
- Must be able to assign one point of contact for us to communicate with and give that individual the authority to make decisions
- Must be able to provide website content, in the format required, within two weeks after the initial planning meeting
- Recipient agrees that the website provided will remain up and running for a period of two years
Withdrawal of Pro Bono Award By Austin Blu
Client understands that Austin Blu reserves the right to withdraw for any cause permitted under applicable ethical rules or legal requirements, including without limitation if in our judgment which includes, but not limited to…
- Client does not cooperate with Austin Blu or, by Client’s conduct, makes it unreasonably difficult for Austin Blu to carry out the work effectively or efficiently
- Client insists that Austin Blu engage in conduct that is contrary to the judgment and advice of Austin Blu or is contrary to law
- Client does not follow the guidelines set forth in the Terms of Service Agreement
- Client fails to provide sufficient content, or does not supply content in the required format
We reserve the right to display a small credit link to Austin Blu on your website and add any project to our portfolio and marketing materials.
In order to maximize the effectiveness of your SEO and PPC campaigns we require that:
- You are not working with any other SEO/PPC firms at the time you are working with us.
- You refrain from doing your own SEO techniques as these may conflict with the work we are doing.
- You give us access to edit the web pages on your website.
- You give us the authority to submit your website to wherever we feel necessary.
No Guarantees
You acknowledge and agree that Austin Blu makes no specific guarantee or warranty regarding the search providers and publishers to which we submit advertising on your behalf, including placement of paid search advertising or any specific results. We do not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any particular query.
You unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to us are owned by you, or that you have permission from the rightful owner to use them. You agree to hold harmless, protect, and defend us and our subcontractors from any claim or suit arising from the use of elements furnished by you.
In no event shall we be liable for any special, incidental, indirect, punitive or consequential damages, including but not limited to; loss of profits, loss of use, loss of data or information business interruption, or any other damages whether in an action of contract, negligence or other tortius action, arising from the use of our services, or the services of other individuals, corporations, etc., that we may recommend.
You agree that your organization/company 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 us and our subcontractors from any claim, suit, penalty, tax, fine, or tariff arising from your organization/company’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
You can terminate the use of our services at any time. Termination of services must be requested in a written notice (email) and will be effective on receipt of such notice. You will be invoiced for work completed to the date of first notice of cancellation for payment in full within fifteen (15) days of the invoice date. There are no refunds for client cancellations.
All services provided by us are provided on an “as is” basis, and we disclaim all warranties and conditions of any kind, expressed, implied, or statutory, including without limitation, the implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose.
We reserve the right to change these terms at any time and without prior written notice.
Last Update: 08/20/17