Moxie Design Studios

Terms and Conditions

Many designers, including Moxie Design Studios, work from a modified boilerplate of terms and conditions that are fairly compulsory for websites and web design businesses.  Over the years, our terms and conditions have evolved from that original boilerplate and while our new terms will most definitely still include much of that content, we are always redefining our terms and conditions as they apply to our clients and work style specifically.

In the meantime, please consider the following basic terms and conditions to be current.  Updated: January 1, 2012

  1. Authorization. The named client is engaging Moxie Design Studios, as an independent contractor for the specific web design project of developing and/or improving a web site, hereinafter referred to as “web design project” to be installed on the client’s account on an Internet Service Provider (ISP), hereinafter refer to as “Hosting Service”. The client hereby authorizes Moxie Design Studios to access this account, and authorizes the Hosting Service to provide Moxie Design Studios with “full access” to the client’s account, and any other programs needed for this web design project that are included as part of the client’s service agreement/level. The client also authorizes Moxie Design Studios to submit the completed web design project to major Web Search Engines.
  2. Development. Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Moxie Design Studios will guarantee that the web site we design for you will work in the latest browser versions including Internet Explorer, Netscape, Mozilla FireFox, Opera, and Safari. Additional browser/platform testing would be an additional charge. While Moxie Design Studios will make every effort, always, to design a fully functional web site, our guarantee does not cover AOL, text-based browsers, or any requested special effect that we have advised you against.
  3. Assignment of web design project. Moxie Design Studios reserves the right to assign subcontractors to this web design project to insure that the terms of this agreement are met as well as on-time completion.
  4. Copyright and Trademarks. The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Moxie Design Studios for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Moxie Design Studios and its subcontractors from any claim or suit arising from the use of such elements.
  5. Link Back and Credits. Any design, production, development or technical support that is provided to the client or the client’s website requires a recriprocal link on their website via graphic or text-link to unless other agreements have been made. The client unconditionally guarantees that links back to Moxie will remain on the site, preferrably where the designer has placed them, until such a time that the design is no longer active and live to the Internet. Removal of this link and/or graphic is in violation of this agreement and subject to breach of contract.
  6. Web Site Maintenance. Moxie Design Studios offers site maintenance at the current hourly rate. Bulk purchases of hours in “packages” may also be purchased by existing clients to keep a designer on retainer. All maintenance payments must be received prior to any work completed unless otherwise agreed upon.
  7. Completion Date. Our production schedule is tentative, though we do our best to set milestones for everyone’s benefit.  Please realize that these are NOT set-in-stone deadlines.  If you require a specific launch date or other sorts of deadlines, we are happy to oblige given enough advance notice.  Otherwise, we prefer to estimate the timeframes but ultimately take the amount of time that is needed for the best results.  While we don’t bill you by the hour unless your project goes out of scope, our costs are based on the amount of time we invest into each project.  So rest assured that we have a very vested interest in moving quickly.  And please remember that hours accrued at the request of the client outside the scope of work are subject to separate billing.
  8. Project Delivery. The web site design project will be published to the client’s hosting service upon receipt of the second 25% installment or delivered via CD upon receipt of full payment. The client understands that Moxie Design Studios does not provide any hosting services in connection with this web design project. Hosting services require a separate contract with a chosen provider. The client agrees to select a hosting service which allows Moxie Design Studios full access to the client’s account via FTP. The client will be solely responsible for all hosting service charges.
  9. Electronic Commerce Laws. The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Moxie Design Studios and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client’s exercise of Internet electronic commerce.
  10. Web Design Project Copyright. Moxie Design Studios owns copyright to the finished web design site produced by Moxie Design Studios. The client will be assigned rights to use the web design project as a web site, 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. Moxie Design Studios and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
  11. Payments. Payments must be made promptly based on the schedule outlined in the clients contract. As independent business owners of a very small 2-woman firm, we rely on timely payments from our clients to ensure our livelihood and the livelihood of those we contract with.  Once your deposit and/or engagement agreement has been received, your project is accepted in good faith and other projects are often turned away. Our invoices are due on receipt.  We are freelance contractors and while busy, have to contend with the costs of maintaining our business, so we must insist that payments are timely.  Once a primary project has ceased, if you hire us for additional work, please note that if you do not have a maintenance agreement already in place with your designer, you will be billed hourly for any work requested with a minimum of 30 minutes per request.  You will be invoiced on completion of the task and your invoice is due on receipt. Moxie Design Studios reserves the right to remove any web design project from viewing on the Internet until final payment is made. In case collection and/or legal action proves necessary, the client agrees to pay all fees incurred by that process.
  12. Late Fees. If you do not pay your invoice on receipt, you will receive a courtesy notice at 15 days and a 10% late fee of the current balance at 30 days. At 45 days, you will receive another 10% late fee on the new current balance and again at 60 days if not paid in full.  If you do not pay your bill within 60 days, your account is subject to collections.  If you neglect to pay your invoice within 30 days without notifying your designer or making other arrangements, any future maintenance work will require payment in advance. Thank you.
  13. Refunds. No refunds are permitted under any circumstances.  Your deposit is a retainer of our time, secures your position in our schedule and covers the costs preliminary consultation and expertise.  If you change your mind, that is unfortunate, but again, no refunds are permitted. Ever. Your project launching in a timely manner is how we keep our business moving forward.  We are motivated and have a vested interest in its completion.  We are counting on the remaining balance of your project and we take your word and our engagement agreement quite seriously.  If you choose to halt the project temporarily or otherwise place the project on hold for any length of time for any reason, a continuation fee will be accrued, per your engagement agreement, until the project resumes.  Please see more in your Project Proposal. If your project is dissolved for any reason and your project is not completed with Moxie Design Studios, not only is your deposit nonrefundable, but you could be billed and responsible for additional hours accrued outside of your initial deposit.  You will be billed for those hours at the current hourly rate at the time of project dissolution, not the hourly rate outlined in your Project Proposal.

Accessibility for People with Disabilities

Moxie Design Studios standard is to meet as many as possible of the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.

This agreement becomes effective when client retains the designer with a 50% deposit.  A 25% deposit is due on delivery of the creative phase.  The final 25% is due upon delivery of the website.  Please pay on time. Adding of Meta Tags (Description and Keywords) and the submission of the web design project to Web Search engines and updating only occur after the full final payment is made. All payments must be made in U.S. funds.