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Website Terms & Conditions

Last updated: February 23, 2023

Please read these terms and conditions carefully before initiating Our Web Design Services.

Design & Editing Process

First Round

The first round of editing begins once the Agency sends the Client the first draft of the project, the Client receives the project deliverables AND provides feedback. The Client has 5-7 business days to submit ALL first round changes via the written form of an e-mail, which will be provided to the Agency contact person. This e-mail should include all changes necessary to finalize the project. The Agency will complete edits within 7-14 business days. If the Client does not communicate with the Agency with in the completion of 5-7 business days, the project will considered complete and the final invoice will be due.

Final Round

The final round of editing is similar to the first, in that it begins once the Client receives the 2nd round of the project deliverables, in which the Client has 5-7 business days to submit their changes in one e-mail. This should include minor changes, not made in the first round. The Agency will complete edits within 7-14 business days. If the Client does not communicate with the Agency within the completion of 5-7 business days, the project will considered complete and the final invoice will be due.

Additional Changes

Any additional changes after the two rounds, or outside of the allotted time frame, will cost $200.00 per hr for web design and $150 for graphic design changes.

Content Requirements

Text

The Agency is not responsible for writing and/or editing provided text, unless otherwise specified. Although any mistakes made on the Agency’s behalf will be adjusted, at no cost to the Client.

Photographs/Logos

In order to produce high-quality design, we require all photographs, logos, and/or any other elements to be in the appropriate, high-quality format. If you require the use of photos and cannot provide them, any associated cost with those images will be applied to your total balance. If the Agency has concerns as to whether the design element will be suitable for the design project, they have the right to deny use of said element.

Payments

If the project exceeds one hour of service, the payment schedule will include three payments, which is 33.3% of the project total, to be completed as described below:

Non-refundable Deposit

In order to begin services, a 33.3% non-refundable deposit is required, unless otherwise agreed upon. Any dates projected in this contract will be subject to the completion of payments AND the length of time taken to review each change, then adjusted accordingly.

Mid-Point Payment

The mid-point payment is the second payment that must be completed at the half way point of the project. This payment will be expected after the 1st round changes are submitted OR by the half way point of the projected completion date.

Remainder Fee

The remainder fee must be completed once the project has been approved by the Client, prior to the final release of any official project files. Additionally, unpaid invoices must be paid in full before any other projects can be completed.

Returned Checks

Returned checks are subject to a $50.00 returned check fee, in addition to the face value of the check. Client assumes responsibility for any and all collection costs and legal fees incurred by the Web Designer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

Copyrights

The Client guarantees that all provided content of text, graphic elements, photography, trademarks, etc. provided to the Graphic Designer are either owned by the Client, or that the Client has permission to use them.

All copyrights are kept with the Agency until full payment has been completed. Once the full payment has been complete, the copyright agreements are as follows:

  • The Client owns the visual elements created for the project and will be provided with the high resolution source files that should be kept somewhere safe, as the Agency is not required to keep a copy.
  • The Agency will own the completed design, which will be licensed to the Client, exclusively for this project only, unless otherwise agreed upon. This design CAN NOT be resold. This does not apply to the use of the design by the Client on products, goods, or printed materials, etc.
  • The Agency reserves the right to use the design for marketing purposes, unless otherwise agreed upon

Conduct

In order to cultivate a healthy and respectful work environment for our team and our clients, we require Clients to agree to the following conduct agreement.

The Client and Agency respectively agree to make the best efforts to provide a safe and respectful work environment. We deem unhealthy or disrespectful actions as follows: berating our staff or clients, insulting, yelling, making accusations that are not supported by our written agreement, sexual harassment or sexually explicit innuendoes, and verbal and/or physical threats, etc. These are behaviors that we DO NOT tolerate from our staff or our Clients.

In the event of circumstances deemed by either Client or Agency to be in violation of our conduct policy, whether verbally, physically or emotionally, the Client and/or Agency reserves the right to terminate the contract after enacting our three-strike policy, which means that we will make two attempts to resolve any misconduct, with the third offense being means to terminate the contract.

The agency or client shall communicate any infringement of misconduct via written communication, followed by a conversation to address any concerns and solutions. If an agreement can be made, the project shall resume in accordance with the original terms of this Agreement. If the misconduct occurs for a second time, the Client or Agency will agree to remove the offending person for the remainder of the contact. If the behavior occurs a third time, the contract will be terminated and any remainder balances or deliverables shall be forfeited.

Liability Disclaimer

All of our service offerings involve a level of art and strategy. We understand that you may not like everything our designers create, which is why we encourage all of our prospective Clients to take the time to review our current portfolio which is available online at www.tkconsultingdesign.com. When making your final decision to utilize our services, we ask that you are completely satisfied with our portfolio. Once the intake process is completed, we will go the full gamut of the project with no refunds for any time our team spent working towards completing said project.

Ultimately, our goal is to produce exceptional work that will lead to happy customers. We will do whatever we can, within the boundaries of this agreement, to make that happen. 

The Agency is not liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages. If any provision of this contact is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and will not affect the validity and enforceability of any remaining provisions.

Failure to Perform

If the Agency is unable to produce the deliverables to the specifications provided by the Client and agreed upon in this contract, the Client will be refunded for the project cost, less the non-refundable deposit.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

TK Consulting & Design LLC
794 Marietta St Nw, #94831
Atlanta, GA 30318

info@tkconsultingdesign.com