
This service agreement is broken into the following sections:
Terms of Service Agreement
Please Read Carefully
Copyright 2004 - 2013 VedaDesigns.net All rights reserved.
All contents on this website including information, material and graphics, user interface design and lay outs are copyrighted property of VedaDesigns.net.
By ordering or using any of Veda Designs products or services including a Veda Design Web Site the client is deemed to have accepted these Terms and Conditions whether or not the client has been provided with a copy.
In these Terms and Conditions "we, our, us, I, me, my refers to Veda Designs Escort Web Design and Hosting. "You" and "Client" refers to the person or persons to whom service, design or development work is being rendered.
Rejection
Veda Designs reserves the right to withdraw any or all services from any client who infringes these regulations (as set out below) without notice and with immediate effect. In the event of suspending services, it is not my policy to offer a refund of any monies paid for services or any part thereof.
Limitation of liability
a) General Liability
Veda Designs will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Web site.
b) Domain Liability
In purchasing domain names on behalf of the client, Veda Designs is acting solely as the clients agent and accepts no responsibility for legal issues the client encounters from the misuse of their domain. All domain renewal fees must be paid by the client after the first year of service. Veda Designs agrees to transfer any domain into clients name upon request, providing that all account, hosting and renewal fees are paid up to date.
c) Criminal Liaiblity
The Client agrees that they are not using, nor intending to use, their website to conduct business illegally in any way or perform activities that violate their state , federal, local, or international laws. Veda Designs cannot be held liable for any legal issues the client encounters from use of their website. It is the responsibility of the Client to register their business in accordance with their local city or state tax laws.
Copyrights and Trade marks
a) Source Materials
Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork hosted on server or furnished to Veda Designs for inclusion in the Project are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Veda Designs from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by Client.
Layman Definition:
You must personally own, or have permission to use, any materials you provide me with for creating the website.
b) Design Ownership
Upon delivery and FULL payment of project, client assumes ownership of all non-VedaCMS related code, graphics and design elements relating to website. Client is free to modify, transfer or reverse engineer all NON-VedaCMS code and design elements relating to website without needing permission or a written agreement with Veda Designs. However, Client may not modify, reproduce, create derivitive works from, distribute, transfer, reverse engineer or in any way exploit elements of their VedaCMS Website Manager, which Veda Deisgns is the sole copyright holder.
Failure to make final payment of project within 30 days of invoice date will result in contract termination, at which point, full ownership of code, graphics and web site files revert back to Veda Designs.
Layman Definition:
Once the website is paid in full, it's yours to do with as you wish. This does not apply to VedaCMS, which belongs to me and connot be modified, transferred or sold in any way. If the final balance on the website isn't paid within 30 days after it's finished, you forfeit ownership of the design entirely and I reserve the right to recycle for other uses it as I see fit.
c) Definition of Copyright Holder
Upon delivery and full payment of project, it is assumed that ownership and design copyrights transfer to the person or business for whom the website was designed. Veda Designs cannot honor any 3rd party involvement or ownership claims made by anyone other than the person whose business is being advertised or whose name or stage name was used in the original service request. Veda Designs does not allow or provide resale of her development services in any form. All contracted services and collaboration of to work to be done must be made through the person for whom the website or project is being developed. Collaboration or involvement through a third party is prohibited unless expressly permitted and discussed prior to development.
Layman Definition:
I only work with the person being advertised on the site and they're who I transfer ownership to. If you pay for my services on the behalf of someone else, THEY will be the eventual copyright holder, not you. I don't resell or work through 3rd parties. During development, I expect to be collaborating with the person the site is being designed for. I won't work through an assistant, manager, boyfriend or anyone else unless we discuss this prior to scheduling.
d) Veda Designs Portfolio and Design Credit Link
Veda Designs reserves the right to showcase a screenshot of all client designs within an online portfolio as an example of work and creative style. Clients who wish their design not be showcased are required to pay a surcharge of $50. This fee does not apply to retired Clients, whose screenshots will be removed upon request at no additional cost.
All websites designed by Veda Designs require a design credit link pointing to http://www.vedadesigns.net in the footer area next to the copyright. It is prohibited to remove or modify this link unless expressly permitted by Veda Designs. Design credit removal is available for a surcharge of $100.
Layman Definition:
I reserve the right to showcase a screenshot of your design in my portfolio and place a design credit link in your site footer unless you pay a surcharge to have one or both of these removed.
Project Fees
a) Project Deposit
All design, programming or freelance services require a non-refundable 50% deposit of the quoted fee before any work on a project is started. Full web design projects are required to submit this deposit to secure their project start date. The remaining balance of all service fees must be paid in full within 7 days of completion unless an installment agreement has been made. Veda Designs reserves the right to change the listed rates for any packages or maintenance services. If prices change after the client has contracted Veda Designs for work - the original quoted price will be honored unless additional functionality or content as been requested by the client.
b) Extended Developent Fees
The standard fee quoted for a complete website includes up to 60 billable hours of design and development time. Billable time is that which is spent actively working on the Client website. If the Client chooses to use a 3rd party hosting provider, any extra time needed to configure VedaCMS for use with your hosting service is considered billable.
- If a final design concept (Stage 1 above) cannot be agreed upon within 30 billable hours, the client has the option of terminating the project without being responsible for any remaining balances. However, all deposit monies paid will be surrendered and applied towards previous development time. If this occurs, Client will not be permitted to use any of the code, images, logos or design elements for the cancelled project that were created by Veda Designs.
- Failure to finalize design elements (Stage 1 AND 2 above) within 40 billable hours may incur additional project fees if it is deemed the Development and Testing phase cannot be completed within the allotted 60 Hours of total development time.
- Any development that exceeds the initial 60 billable hours included with project fee will be invoiced at a rate of $30/hour.
c) Payment Installments
If an installment plan has been agreed upon for payment of services between Veda Designs and the Client, all materials created by Veda Designs, including information, material and graphics, user interface design and lay outs are the copyrighted property of VedaDesigns.net until the Client's balance has been paid in full. Failure by the Client to make installments as agreed upon may result in the client's account being terminated, at which point all content materials and monies paid will be forfeited.
d) Late Fees and Penalties
Full Website Projects will be subject to a $50 late fee for EACH WEEK payment is delayed following the 5 day grace period of the final invoice date. Projects that are cancelled due to reasons outlined in Cancellation Policy, Section d) are subject to a $200 penalty if Client wishes to revoke cancellation and resume development.
Project Development
Veda Designs and Client undertake to work together to complete Project within the timescale defined prior to project commencement. Veda Designs will inform client on project progress and will always endeavor to meet the defined milestones. Client must supply all requested source materials and down-payment BEFORE or within three days of the scheduled project start date. Failure to provide source materials within 7 days of the scheduled start date will be sufficient grounds for Veda Designs to cancel the agreement and retain any down payment thus far as cancellation fees.
a) Stage 1: Design
Creation of the website design concept and first draft. The first draft will be presented to client for approval as a mock-up (screenshot) or coded web page, whichever Veda Designs feels most sufficient for review. This stage requires two weeks of development unless it is a rush job project.
Client Expectations:
Little or no Client involvement is needed during this stage, providing all initial photos and design requests have been received.
b) Stage 2: Modifications
The period of time after the initial design draft has been presented where modifications are made based on client feedback. The timeline of this stage depends on Client feedback and desired modifications, though is typically seven days or less.
Client Expectations:
Regular correspondence between Veda Designs and Client is necessary throughout this stage in order to modify and finalize all design elements. Clients who fall out of contact for more than five days (without prior notice) will have development of their project suspended and will be required to reschedule. Failure to contact Veda Designs or reschedule within 30 days will result in project cancellation and forfeiture of deposit.
c) Stage 3: Development
Coding the design concept into actual web pages and installing/configuring the content management system to publish page content. This stage typically takes 3-5 days.
Client Expectations:
Client is expected to submit their full site copy at this point if they wish Veda Designs to do the initial insertion.
d) Stage 4: Testing and Launch
Final updates, testing and public launch of website. All remaining balances due on project must be paid before public launch.
Client Expectations:
Final confirmation that all design, text and form elements are to the Client's satisfaction. Payment of final project balance prior to public launch.
Cancellation Policy
a) Full Deposit Refund (2 weeks notice required)
If a project cancellation is received more than 14 days BEFORE our original scheduled start date, you will receive a full refund of your project deposit. Once a refund has been processed, Client will be ineligible to contract future services with Veda Designs.
b) Partial Deposit Refund (1 week notice required)
If a project cancellation is received between 14 and 7 days BEFORE your original start date and no development has occurred on your project, you will be refunded 50% of your project deposit. The remaining portion covers revenue lost from having your project blocked off on my calendar. Once a refund has been processed, Client will be ineligible to contract future services with Veda Designs.
c) No Deposit Refund (less than 1 week notice)
If a project cancellation is received 7 or less days BEFORE the original scheduled start date OR IF ANY WORK HAS BEEN DONE TO-DATE on project, deposit monies will be forfeited entirely to cover the lost revenue for development days blocked off and/or any time put in to-date. Projects that are automatically cancelled due to violations outlined in section d) below will also be ineligible for a deposit refund.
d) Automatic Cancellation (no deposit refund)
The following will result in an automatic project cancellation:
- Client fails to communicate or goes MIA (without prior notice) for more than two weeks after Stage 1 of development.
- Project development is delayed or lapses more than two weeks because required project materials are not ready.
- Client exceeds two rescheduling requests or development fails to resume within 6 months of original start date
- Final balance of project is not paid within 14 days of invoice date.
- Any other violation of terms outlined within this Service Agreement
e) Resuming Development after Cancellation
If Project is automatically cancelled for any reason above and Client wishes to continue development, the FULL PROJECT BALANCE PLUS A $200 PENALTY must be paid before Veda Designs will resume development.
Project Extensions or Rescheduling:
If Client does not wish to cancel, but requires rescheduling or pausing development temporarily, a development extension for up to six months from the original start date is available upon request with the following conditions:
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Rescheduling
If development has not yet started on your project and you need to revise your start date, Client must submit a rescheduling request no later than 5 days following their original or revised start date. -
Development Extension
If development has already started but Client needs to pause development for any reason, an extension request is allowed for up to six months following the original start date. Client must submit development extension requests no later than 15 days past our last communication. -
Extension/Rescheduling Limits
Each project is allowed up to TWO extension or rescheduling requests within six months of the original start date. Projects that are not resumed within six months or have exceeded two rescheduling requests will be subject to cancellation.
Ongoing Maintenance
VedaCMS Editing Application allows clients to perform all basic maintenance tasks on their own. Clients are expected to use VedaCMS for any website updates that are possible through the software. Maintenance by Veda Designs for tasks not possible within VedaCMS is available, but will be charged for at the current hourly maintenane rate. Veda Designs performs client updates every Monday and Friday. It is the clients responsibility to open a support ticket when requesting maintenance services.
Abuse through content
Veda Designs is only responsible for the technical development of the website and the client must provide all content materials. You agree that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or otherwise in violation of ANY law
Search Engine Ranking
Veda Designs puts every effort to optimize your web site for better ranking in Search Engines by utilizing appropriate title, meta and image alt tags throughout the website source code. Websites are coded to standards and will validate XHTML Transitional. However, Veda Designs does not guarantee any ranking of your web site in any search engine and does not perform any marketing services aside from initial website submission to major search engines.
The Client is responsible for providing all text content for their web pages, including what is used for the Title, Description and Keyword Meta Tags on each page. All abovementioned content can be added/modified by the Client at any time through their Content Management System. The client is also responsible for any 3rd party marketing solutions.
Delivery of website and Acceptance
a) Delivery
Uploading a website to your Hosting account, sending files through FTP, CD or any other media is considered as delivery of website after which the client is not eligible for a refund of any monies paid. By signing up with Veda Designs, the client agrees that she will clear any balance dues after the website has been delivered. If all fees are not paid within two weeks of delivery, Veda Designs may temporarily suspend the client's account until all fees are paid. If fees have not been paid in over 30 days, Veda Designs has the right to assume ownership of all graphics, source code and materials until you are able to pay your balance in full (unless other arrangements have been made). In the event of a dispute regarding the design of the website or issues of late payment, Veda Designs reserves the right to withhold or withdraw all web pages and image files until such dispute is resolved.Upon delivery completed payment of website, Veda Designs agrees not to resell or redistribute client's website to anyone else.
b) Acceptance
Where Web site design or other Programming Services are supplied, Client will notify Veda Designs of any errors or omissions for rectification within a period of 7 days from Delivery. After 7 days from Delivery, Client is deemed to have accepted that the Delivery is provided to an acceptable level of quality and further changes which do not fall within the included six months of basic maintenance will be chargeable.
Backups and Data loss
Your use of the optional hosting service is at your sole risk. Veda Designs is not responsible for files and data residing on your hosting account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. Hosted Clients are expected to perform their own periodic backups using the backup tool within their hosting control panel.