All services provided by SiteDesignBoutique.com are subject to the following terms and conditions. By purchasing one of our Templates, Designs or Custom work, you are agreeing to these terms and conditions:
- All Sales Are Final.
Because of the fact that we are a digital business, no refunds or exchanges will be given (before, during, or after products and/or services have been customized and installed) and all sells are final. This applies to any and all services and products available for sell on our website.
- Our Work May Not Be Distributed.
You may not use our design work in any way other than for the purposes of which you have purchased. Our work may not be altered or modified in any way to be redistributed. We will pursue copyright infringements to the fullest extent of the law.
- Credit and Link Back
All of the sites designed by SiteDesignBoutique.com will require a text link back to our website unless you have purchased exclusive rights ($200). You (as the client) guarantee that all links back to SiteDesignBoutique.com will remain in place until such time as our designs are no longer being used on your website. Removal of this link is a violation of your agreement with SiteDesignBoutique.com and is subject to a breach of contract. You may not claim our work as your own for any reason. If our link is removed from your website at anytime without our consent, we have the right to insist that the design is removed from the Internet. Again, we will pursue all copyright infringement violations to the fullest extent of the law.
The client is engaging SiteDesignBoutique.com as an independent contractor for the specific purpose of designing and/or improving a website, to be published on the clients account on an Internet Service Provider (ISP), or hosting service. The client hereby authorizes SiteDesignBoutique.com to access this account, and authorizes the hosting service to provide SiteDesignBoutique.com, with full access to the clients account, and any other programs needed for this web design project that are included as part of the clients service agreement. The client also authorizes SiteDesignBoutique.com to submit the completed web design project to major web search engines.
This web design project will be developed using various commercial software products and proofed by hand. While SiteDesignBoutique.com will make reasonable efforts to design a fully functional website, SiteDesignBoutique.com design warranty does not cover AOL, Internet Explorer 6 (notorious for display issues), text-based browsers, or requested special effects that we may have advised against. Additionally, not all portions of some site designs (rotating banners, etc) are compatible with mobile devices (such as ipads and iphones). Any claims for defects, corrections, or glitches must be made within 14 days of the project being completed. Our website designs will be developed to no specific standard nor does it conform to any particular www requirements. The Client has viewed SiteDesignBoutique.com portfolio and pre-designed websites prior to signing this document. SiteDesignBoutique.com does not warrant that the website is immune to 3rd party damages, hacking, presence of virus, spyware, etc. and is not responsible in any way for its presence or removal. SiteDesignBoutique.com does not warrant that a web site will meet the client’s expectations of site traffic or resulting business.
- Copyrights and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SiteDesignBoutique.com for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use all of these elements, and will hold harmless, protect, and defend SiteDesignBoutique.com from any claim or suit arising from the use of such elements.
When there is a waiting list for custom design work, an initial, non-refundable 25% deposit is required to hold your place on the waiting list. 50% of the total project cost is due at the start of the project, with the remaining 25% balance due upon acceptance of the design/layout but BEFORE installation.
Payment for all pre-designed templates, add-on services, and print/design services is payable in full BEFORE work begins.
SiteDesignBoutique.com accepts payments by credit card or debit card only. Visa, MasterCard, American Express and Discover are accepted. In the case of card declination, the client is responsible for providing an alternate card, and work will not begin on their project until the payment due has processed. In the event of that an alternate card is not provided to SiteDesignBoutique.com within 14 days of the original order placement, the contract shall be null and void. Any partial payments already received by SiteDesignBoutique.com are forfeited by the client and will not be refunded, and ownership of all artwork, layouts and development remain the property of SiteDesignBoutique.com and will not be transferred to the client.
- Hourly Rate for Revisions and Maintenance
A client is allowed up to 5 sets of revisions for a custom eCommerce store only. All other pre-designed website services are designed from clients initial choices and do not include revisions, so any changes requested to the clients initial choices will be subject to hourly rates. The current hourly rate for website revisions, changes and maintenance is $35.00. If client requests revisions after the project has been completed, the current posted hourly rate will apply. This rate can be modified at anytime, without notice, by SiteDesignBoutique.com.
- Pre-Designed Website Completion Date/Turnaround Times
Current Estimates for turnaround times on premade websites are posted regularly on our site. In general, we ask that you allow 7-10 business days from the time you provide us with your information until your website installation is completed. This time frame can vary based on our current workload and the complexity of the design product and any add-on services you may have purchased. When you make your purchase, you will be provided with an estimated completion date. If the client does not supply SiteDesignBoutique.com with complete content and information for the project within 45 days after receipt of the order, the contract will then be null and void and any deposits or payments made forfeited.
- Custom Web Store Quotes & Turnaround Times
All quotes furnished by SiteDesignBoutique.com will be honored for a period of 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.
SiteDesignBoutique.com and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project in a timely manner after client has submitted all necessary materials. If the client does not supply SiteDesignBoutique.com with complete text and graphic content for this web design project within 45 days of the date this agreement was signed, the contact is void and any deposits are forfeited. Clients requesting a custom website design will be provided with an estimated date of completion, which is based on our current workload, and the complexity of the design project. This estimated completion date can be modified by SiteDesignBoutique.com, particularly if the client does not submit all necessary information and reply to requests for information in a timely manner.
- Project Delivery/Hosting
The final website design project will be published to the clients hosting service upon receipt of full payment. The client understands that hosting services and domain registrations are not included with the web design project. Further, the client will be solely responsible for any and all hosting service charges. If hosting through SiteDesignBoutique.com a hosting fee of $5.95 per month will be incurred.
The client understands that if they fail to make timely payments for their web hosting and/or domain registration, this can cause their website to be inactivated and they must work with the company/ies to reactivate their website in this event. If this occurs it is the client’s sole responsibility to work with their hosting company to re-activate their account.
- Support and Communication
SiteDesignBoutique.com provides unlimited support via email for 60 days after your site has been turned over to you. We encourage you to use this time to load your products and process several test orders to become familiar with the functionality of your site. After 60 days, there may be a charge for hourly support depending on the frequency and complexity of your questions. Please note that all of our communication will be through e-mail and that any questions not relating to the website design and functionality itself should be directed to your hosting company.
- Electronic Commerce Laws
The Client agrees that the he or she is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the website design project or any other services contemplated herein, and will hold harmless, protect, and defend SiteDesignBoutique.com, it’s owners, employees, affiliates and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the clients exercise of internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
- Website Design Project Copyright
SiteDesignBoutique.com will own copyright to the finished web design site produced by SiteDesignBoutique.com. The client will be assigned rights to use the design work as a website, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners unless the client purchases the copyright license to use the graphics for their business or to alter the design. SiteDesignBoutique.com retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.
- Legal Notice
Notwithstanding anything to the contrary contained in this contract, SiteDesignBoutique.com cannot warrant that the functions contained in the website design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the website design project is with the Client. In no event will SiteDesignBoutique.com be liable to the client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, tampering with the back end code, the hosting services or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitors computer or internet software.
- Website/Hosting/Server Moves
If the client wishes to move their site to another hosting company not listed, SiteDesignBoutique.com shall not be responsible for any problems that may arise from that move. In this instance all technical support questions regarding web hosting, domains and email are to be directed to the clients new web hosting company. Any required work to move or repair a site that’s been moved by client or a 3rd party will be subject to our hourly rates.
Client reserves the right to cancel their project for any reason during the development stage. However, all monies paid to SiteDesignBoutique.com will be forfeited upon cancellation, and the design in progress will be forfeited as well. SiteDesignBoutique.com reserves the right to sell any portion of a cancelled custom designed website to another client.
To pursue a refund of money paid to SiteDesignBoutique.com when bound by the terms of this Contract is considered fraud and will be aggressively reported and prosecuted. SiteDesignBoutique.com will not negotiate chargebacks with any person or company. Charge backs 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 SiteDesignBoutique.com, we will not hesitate to proceed with collection and legal action to recover funds.
If SiteDesignBoutique.com is unable to communicate with a client on a custom design project for a duration of fourteen (14) days by email during the design and development process, the project will be cancelled without prior notice and any monies paid will be forfeited to SiteDesignBoutique.com. It is the responsibility of the client to provide SiteDesignBoutique.com with all necessary information, and SiteDesignBoutique.com cannot be expected to chase down any client for their information. The client also understands that if they do not respond to requests for information promptly, their project may be moved behind others and this may cause a delay in completion time.
- Website Tweaks After Completion
After the purchase of a pre-designed website, SiteDesignBoutique.com reserves the right to determine on a case by case basis and according to the current schedule when changes can be made to a website design. Please note that SiteDesignBoutique.com offers a demo of the administration area of all of our websites as well as a fully functional demo of the front end of our websites, so it is the customers responsibility to ensure this cart system is suitable and fits their business needs. Nonetheless, should you feel that you really need some changes or tweaking to the design layout, colors or fonts, after installation, please expect to incur a fee at a rate of $35.00 an hour for the modifications. All pre-designed web designs are considered sold as they are, so please do not expect to have any changes made free of charge. Payment will be required on changes before they are completed. Please allow 14 business days for changes to be completed. For custom order boutique websites, you are allowed 3 revisions to the design of the site within 30 days of purchase. A revision is an email with a list of changes. After three revisions or 30 days (whichever comes first), the client shall incur a fee of $35.00 an hour for additional revisions.
- 3rd Party Artwork or Graphics
Please note we will not use graphics or artwork created by another designer or artist without first receiving direct written permission from the artist or designer allowing us to use the graphics/artwork in our designs. Wherever the original designer requires a royalty fee be paid before their artwork can legally be used in a design, you will be responsible for any additional royalty fees that apply.
- Professional Photographs
If you submit professional photos to us, they will need to be accompanied by a signed release from the photographer allowing us to use the photographs in any print designs we create for you.
If you would like to use a logo that you have complete rights to, then you may submit that logo to us. If you are unsure of whether you own the rights to the logo, please contact the logo designer for verification. Logos must be submitted in a suitable format for use on your website. If logo requires additional work before use, client shall be charged a one time logo prep fee of $35.
- Home Page Collages
All pre-designed websites contain sample content and images for illustrative purposes. Images and content are NOT included with your purchase. If you would like to purchase the rights to any photos shown in the sample design, please contact us to make arrangements.
Please note that by submitting your payment for our services you are agreeing to all of the terms of service as written here. SiteDesignBoutique.com reserves the right to change or update these terms at any time without prior notice.
- Exchange Rates
SiteDesignBoutique.com is located in the United States and all of our prices are based on USD. We are not responsible for any additional exchange rates that may be accrued if you are using another type of currency. Please note that refunds are not given for any reason, due to the digital nature of our business, and once a purchase has been made refunds are not given. This includes request for refunds due to the fact that an exchange rate has been applied.
Please feel free to contact us with any questions.