All services provided by Cosmic Creations are subject to the following terms and conditions. These policies have been put into place to protect both the client and Cosmic Creations. If you do not agree with any element of the Terms of Service, please do not contact Cosmic Creations for a quote or purchase any service through sharabenton.com. By purchasing any service, you are agreeing to the Term of Service as expressed below whether or not you have read or signed them. These terms are contained in the Contract you are required to sign and return before your design can begin.
Quotes & Contracts
Quotes provided will be honored for 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.
Authorization
The client is engaging Cosmic Creations, a sole proprietor, as an independent contractor. The client hereby authorizes Cosmic Creations to access any hosting or domain account for the sole purpose of installing and updating the web product. The client also authorizes the hosting service to provide Cosmic Creations with complete access to the client’s account and any other programs needed for this web design project as deemed necessary by the client/designer agreement.
Hourly Rate/Revisions
The client is allowed unlimited revisions to the template proof for their web design. Matching /coordinating website graphics may have 1 revision. All other website services are designed from client’s initial choices and do not include revisions, so any changes requested to the client’s initial choices will be subject to hourly rates.
Hourly rates start at $15.00 and if changed during the duration of a project, the client shall be subject to the new hourly rate at such time as it is changed.
Development
The design project will be developed using various commercial software products. While Cosmic Creations will make every effort to design a fully functional website, the warranty does not cover AOL, text-based browsers, mobile browsers, or any other special effects that Cosmic Creations may advise against. Any claims for defects, corrections, or glitches must be made within 14 days of the project being completed.
Completion
Cosmic Creations works hard to complete all projects in a timely manner. However, Cosmic Creations cannot guarantee deadlines as each project is unique and so is each client. Cosmic Creations will communicate with the client during the entire development of the project and provide them with status updates. If the client does not supply Cosmic Creations with complete text and graphic content for this web or graphic design project within seven (7) days from the date requested, this contract becomes void and any deposits are forfeited. The client understands that if they do not respond to a request promptly, their project may be moved behind others and this may cause a delay in completion time. Any time an order is placed during a period in which Cosmic Creations is closed, orders will be processed and started upon reopening in the order in which they were received.
Payment of Fees and Expenses
Payment is due before work on any project is to begin. No design will begin until the signed contract (if required) and payment is received. The web design will never be published before the project balance has been paid in full.
Cosmic Creations accepts payment by credit card or debit card – Visa, MasterCard, American Express and Discover – as well as PayPal. In the case of card declination, either for an initial payment or a balance payment, the client is responsible for providing an alternate card, and work will not continue on their project until the payment due has processed.
Web Hosting and Domain Registration
Web Hosting is billed through Cosmic Creations on an annual basis. An invoice will be sent to the client 1 month before the next annual payment is due. Failure to pay the web hosting charge by the due date will result in the site being inactivated until payment is received. If payment is not received within 30 days of the due date, a $30 re-publishing fee will be charged once the client makes their web hosting payment.
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.
Credit and Use of Products
The Cosmic Creations copyright and credit information must remain on all of our products. We require that the text link back to sharabenton.com remain in place and in working order. All preliminary proofs including graphics, layouts, etc, which are not selected by the client remain the full property of Cosmic Creations and may be used in future projects for other clients.
Copyrights and Trademarks of other property
Copying images, text, or design layouts from other sites is not condoned by Cosmic Creations. Any text, images and products provided must be owned by the client or written permission for use must be provided. Under no circumstances will Cosmic Creations be held liable for content provided by a client on a client website. The client will be responsible for paying any and all legal expenses that are a result of lawsuit against Cosmic Creations for graphics, images and/or content which is provided by and used by the client.
Copyright to Web Pages
Copyright to the finished assembled work of HTML and/or CSS produced by Cosmic Creations is owned by Cosmic Creations. The copyright must remain intact and visible on the site. Under no circumstances shall a site be duplicated, sold or redistributed. The client may not alter or reuse the HTML and/or CSS coding that is provided to without the direct written consent of Cosmic Creations. The logo and graphic design copyright is transferred to the client upon completion of the site and any print design services requested.
Support
Cosmic Creations provides free tech support by email for life to all website clients. Website Updates are not included and will be charged at the specified rate listed under Hourly Rates/Revisions.
Refunds and Cancellations
Cosmic Creations does not provide refunds for web or graphic design services. This also includes any initial deposits or deposits paid for a waiting list. The client must submit termination of services to in writing. In the event of a cancellation of contract, any payments already received by Cosmic Creations are forfeited by the client and will not be refunded; any future payments scheduled will not be charged to the client; ownership of all artwork, layouts and development remain the property of Cosmic Creations and will not be transferred to the client. Money already paid is not refunded in any case whether or not any work has been done by Cosmic Creations. It is the client’s responsibility to be sure they want a service before entering into this contract. In the event that Cosmic Creations is unable to complete a client’s project, due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to designer’s illness or emergency, then Cosmic Creations will return any deposit or money paid, minus any earned payment for partial services rendered at current hourly or fixed rates calculated at designer’s discretion, but will have no further liability with respect to the client.
Chargeback
Cosmic Creations will not negotiate a chargeback with any person or company. A chargeback is not an acceptable means of attaining a refund. To request a chargeback on your credit card for a valid transaction is considered fraud. Fraudulent credit card charge-backs will be aggressively prosecuted and reported to all major credit bureaus as a delinquent collection account. Should a chargeback be filed against Cosmic Creations, we will not hesitate to proceed with collection and legal action to recover funds. Additionally, opening a PayPal dispute for a refund will be handled in exactly the same way as a credit card chargeback.
Correspondence
Cosmic Creations provides customer service, tech support, and any other type of client communication exclusively by email. This allows both the client and Cosmic Creations to have a written record of correspondence throughout the project. If you do not agree to having all services handled by email, please do not purchase any services from Cosmic Creations. Work days are Tuesday-Friday weekly and hours of operation may vary on these days.
Non-Communication
If Cosmic Creations is unable to receive a response or otherwise communicate with a client on a project for a duration of fourteen (14) days by email during the design and development process, the project will be canceled without prior notice and any monies paid will be forfeited to Cosmic Creations.
Waiting List
An initial, non-refundable 25% deposit is required to hold the client’s start date should a waiting list be in effect. In this case, the remaining balance will be due before initial design begins.
Acceptance
Please note that by submitting your payment for my services you are agreeing to all of the terms of service as written here. Cosmic Creations reserves the right to change or update these terms at any time without prior notice.
Indemnity Agreement
The client agrees to indemnify and hold harmless Cosmic Creations for claims of any nature whatsoever pertaining to payments and services provided. Additionally, this Indemnity Agreement includes claims relating to any software or other copyrightable materials furnished by the client, and from any and all copyright claims and/or any claim of theft of proprietary information. Agreement to this Contract nullifies the client’s right to pursue litigation or criminal action against Cosmic Creations for any reason at any time. To pursue a refund of money paid to Cosmic Creations when bound by the terms of this Contract is considered fraud and will be aggressively reported and prosecuted. Cosmic Creations does not warrant that a web site will meet the client`s expectations of site traffic or resulting business. In no event will Cosmic Creations be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or web site.
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