AGREEMENT. In this Agreement for Service (“Agreement”) “you” and “your” and “client” refer to each client, “I”, me” and “my” refer to 9SixDesign and “services” refers to the web design & development provided by myself. This Agreement explains my obligations to you, and explains your obligations to me for various services.
The information on this page is put into place to keep my clients safe as well as protect me (9SixDesign – designer) and my work. By requesting to get started or purchasing one of my packages you agree that you have read and understood these terms as they are laid out below without limitation. If you have any questions regarding the terms outlined on this page then please feel free to contact me and ask. I have no problem in answering questions via email, phone or through skype.
9SixDesign Payments & Payment Policies
The following payment policies are in place for 9SixDesign:
- All payments should be made in USD = US Dollars ONLY! No other currency is accepted at this time.
- I accept payments through PayPal only using my PayPal.me address. If, for some reason, you should need to make other payment arrangements I am open to other possibilities with the exception of Bank Transfers, personal checks, & cash via postal mail.
- If contracting me for custom work all fees will be assessed in the original quote and itemized. This includes any and all payment processor or other related fees that I am charged for payments.
- Custom Client Payment Policies: This applies to all 9SixDesign clients.
- New Custom Clients: All new custom clients will be given a full itemized quote for the scope of work to be performed on the web site. The itemized quote will be based on the information you submit on the Get Started form. After you & I have come to a mutual agreement on the project you are then required to pay a NON-REFUNDABLE 50% deposit up front if the total amount of your quote is more than $300.00 ($301.00-and up). If your total quoted amount is less than $300.00 ($25.00-$300.00) the entire amount will be due up front. The deposit/total amount MUST be paid before any work starts on your project. Your deposit/payment guarantees that work will be done on your web site and you will be given a time for the work to start & an completion date upon receipt of the deposit. Completion dates are approximate and may change depending upon the scope of work.
- Established Custom Clients: All established custom clients will be given a full itemized quote for the scope of work as well. If your quote is less than $200.00 then you will not need to pay a deposit in order to start work. For quotes $201.00 and above there will be a 50% deposit required before work starts on your web site regardless if you are an established client or not. Once work is finished on your site you MUST pay in full for the work performed on your site within 72 hours of my notification that the work has been finished. Notification will ALWAYS be by invoice via email.
DEFINITION OF ESTABLISHED CUSTOM CLIENT:
An established custom client is someone who…
- has been a client of mine for at least 6 months and has had no recent or past problems in paying me for services,
- has made at least a total of 3 payments of $100.00 or more for services rendered in which I have had no problems getting the funds from you,
- does not have a delinquent account with me,
- has never had a delinquent account with me,
- who has never violated any of my terms of service or other policies in the past,
- and who has not violated any of the copyright agreements on this site or in a skin, design, theme or template that I have created for your site.
- Once the design is finished and its approved by you (the client), the payment balance will be due in FULL BEFORE any work transfers to your web server or to you personally. All graphics, coding & designs will remain the sole property of 9SixDesign until the project is paid for in full. Once final payment is made the project will be uploaded to your web server and installed or setup which ever is the case.
- If you cannot for whatever reason or refuse to pay the balance due you will forfeit any & all payments that you have sent previously and all materials, coding, graphics, & designs will remain the sole property & copyright of 9SixDesign with no exceptions. Use of said materials on your web server or another one without FULL payment will be a copyright infringement and prosecuted accordingly.
9SixDesign Get Started Terms
Quotes are good for 14 days from the date listed. After the 14 day period the quote will be invalid. The 50% deposit/total is due up front before work starts on your web site. The rest, if applicable, will be due when the project is completed.
Quotes are itemized with one item per line. All quotes come with notes for each item to help you know exactly what it is that I am doing on your site.
Quote items that have hours noted are estimated at an hourly rate. This means that the service is based on an estimated time length that I believe it will take to perform the task at hand. In EVERY case I will always keep up with the amount of hours worked on your project. If, for whatever reason, the hours look as though it will be longer after we get started I will notify you before the allotted amount of hours expires. You will be responsible for any overages in hours past the amount that I originally quoted you for. Some things come up that were unforeseen while creating the original quote. The extra hours/time will be added to the final bill and due at the end of the project when the final payment is due unless the amount exceeds $200.00. If the extra hours add up to $201.00 and above then I will need a 50% deposit on the overage hours incurred before the project can move forward. This would only happen in extreme, rare cases where there was something unforeseen that was catastrophic to your site. This is quite a rare occurrence, but there are sometimes server issues or hidden things that cannot be predicted. I find that most problems are server related, so if your web host is an off shore host or hosted outside of the United States please let me know in advance so I can adjust accordingly.
Please note that changing settings or permissions on any software installations will be indicated on a separate line. Setting & permission changes are not included in the installation of any software.
If, for any reason, you need clarification on something, please do not hesitate to contact me.
9SixDesign Late Charges & Failure To Pay
All final payments must be made within 72 hours of our official Email informing you of the project completion. Project completion is defined as you (the client) signing off on the project as a whole and ready for it to be uploaded to your web server. Failure to do so will incur a late fee of $25.00, accessed immediately after the 72 hours is up. You will be notified by Email when the 72 hours is up & the late fee has been accessed. If your balance has not been paid in full by 7 days after the completion of your project then you will forfeit any and all deposits and rights to the files, designs, graphics & coding performed by 9SixDesign. While your account is delinquent there will be a fee of 15% of the total amount quoted for your entire project accessed each 30 days. (Your total project amount = $1500.00 then your late fee surcharge will amount to $225.00 a month). If you wish to start another project and have not paid for the first project in full you will need to first pay the balance due including any and all late fees on the first project and pay for the second project 100% up front before I can do any other work for you. (First project amount w/late fees + New project amount = The total amount you will need to pay before any work starts again). NOTE: As with anything sometimes things happen beyond your control like an illness, being hospitalized, an accident, family issues, death in the family etc. I am not unreasonable and I will work with you if you Email me and tell me what is going on the moment you know it. If you do not contact me and tell me then the above terms will stand no matter what the circumstance is.
9SixDesign reserves the right to withhold any and all materials, files, graphics, custom coding & designs pending payment for the services rendered. Failure to pay the outstanding balance will result in a 100% loss of all deposits. 9SixDesign reserves the right to pursue legal action to collect the balance due including any and all late fees that have accumulated. In the event that 9SixDesign has to take legal action, you (the client) will be billed for any and all legal fees. Abusive or unprofessional behavior such as; harassment, slander, abusive correspondences (Email, phone, private messages, forum posts or messenger messages), threats, profanity, discrimination or any other type of undesirable behavior will result in a complete forfeit of the project & any money/deposits paid to that date. Failure to comply with any of the terms of service outlined in this page can result in legal actions. I keep all emails, private messages and correspondence between clients & and myself. Emails, private messages, & requesting to get started result in correspondence and are considered a legal binding contract. All the aforementioned are documented and kept.
9SixDesign Refund/Exchange Policies
The following information outlines my refund/exchange policies for any projects.
All payments & deposits for projects are NON-REFUNDABLE. All work is specific to only your web site and is built to meet with your expectations with your needs & desires in mind for your site. Projects cannot nor will they be transferred to another web site or resold as they are only specific to your web site. NOTE: If there are circumstances beyond your control (sickness, death in the family, accident, etc) I may entertain a refund on a case by case basis, but know that refunds may be granted only if work has NOT started on the project. If the project has been started already then the hours will be totaled at an hourly rate of $30.00 an hour for the amount of work already performed on your project and subtracted from the amount of your deposit. If there are more hours than the deposit amount then you will be billed the remainder and expected to pay under the same payment terms as outlined above in the “9SixDesign Payments & Payment Policies” section. If a refund is granted it will not be issued until 45 days from the original set completion date. If a refund is granted all designs, coding, files, graphics and custom work will remain the sole ownership of 9SixDesign and not transferred to the client.
If you (the client), behave in an unprofessional way such as; harassment, slander, abusive correspondences (Email, phone, forum posts, support system messages, private messages or messenger messages), threats, profanity, discrimination or any other type of undesirable behavior 9SixDesign reserves the right to terminate our agreement and you will forfeit all design work/layouts etc., deposits & money paid to date.
If you (the client), delay the project, is dishonest with me , purposely stall the project, or do not communicate with me via Email, private message for 7 days straight I will stop work on the project and you may forfeit all work, deposits & money paid to date. In this case no refund will be given. If you plan on being away from a computer and out of contact for any length of time such as going on vacation, going into the hospital for treatment, etc., then please let me know in advance.
If the project is terminated by me because I feel that we cannot work together, in the case of a serious illness, death, accident etc., or if I am unreachable/incapacitated for what ever reason, I will give a partial refund of the deposit paid minus the hours I have already worked on the project at a rate of $30.00 an hour. If the hours total more than the deposit you will be billed the remainder amount and expected to follow the same payment terms as outlined above in the “9SixDesign Payments & Payment Policies”.
Refunds are evaluated on a case by case basis and are solely up to my discretion as to whether or not they are given. It will depend on the circumstances and situation.
Custom Web Design & Other Custom Projects
All designs, layouts, graphics, PSD’S, AI files, & coding provided for a clients project are the sole ownership of 9SixDesign until the project is turned over to the client and installed on their web server. If, at any time during the project process, the account is terminated or the project called off, all designs, layouts, graphics, PSD’S, AI files, & coding will remain the sole property of 9SixDesign.
Software Installation & Upgrade Terms
These terms of our software installations/upgrades are outlined below:
- 9SixDesign is not responsible for any damage, data loss, site issues, hosting issues or other issues that arrive after software has been installed on your site by me. All software is as is and come from other developers which I am not affiliated with. It is your responsibility to ensure that your server/host is compatible with the software you want installed or that you have purchased for your website.
- 9SixDesign does not guarantee any third party software to work on your site. Some software is buggy at best and I cannot vouch for other developers coding skills.
- 9SixDesign will not recode any software to work in a different software version. Example: You are running vBulletin 3.8 on your site and you want to run a module that only works on vBulletin 4.2.2. I will not recode it to work on your site or upgrade it at this time.
- 9SixDesign does not custom code software at this time. We can perform template edits but we do not code php plugins or add-ons from scratch.
- 9SixDesign does not set software settings. This will be up to you as a site administrator to read up on how to change the settings to suit your site. I can give setting recommendations upon request, but I will not set up the software upon installing it on your site. There will be a separate fee for setting up any software on your web site. Settings fees will depend upon what the software is and the time that would be spent on setting it up.
- 9SixDesign will not edit software code in order to install the software or “make it work” on your web site/server.
- There are absolutely NO REFUNDS for software that we have installed on your site or software where an installation was attempted and we ran into server or hosting issues beyond our control.
- If the software that was installed to your site does not function properly (due to bad coding on the part of the software developer), does not have the features you want, is not what you thought it was, does not do what you thought it would, or causes a conflict of some kind there is a non-refundable $25.00 uninstallation fee for each piece of software that you want removed.
- It is your responsibility to ensure that your server has the proper configuration to install the software you purchased. Please note what version of MySQL & PHP each software gives as a minimum requirement for installation before contacting me for an install. I am NOT responsible for updating your server configurations or for any problems that incur if you do not have the minimum requirements installed in your server package to accommodate the software you want installed on your server.
It is imperative that you (the client) keep in touch with me at all times as I will with you. The business phone will only be answered during business hours unless I’m occupied working on a project and cannot stop. In that case please leave a detailed voice mail message with your name, phone number & a brief description of your needs and I will get back to you as soon as possible.
9SixDesign Business Hours & Information
Standard business hours for 9SixDesign is Monday – Thursday 10:00AM-5:00PM CST. Fridays are considered an "in house" work day where I update and do routine maintenance on my design site. I am unavailable on weekends & all recognized US holidays. If you should have an emergency and need a fix on your web site during a weekend or a holiday the fee schedule will be as follows no matter what the work needed is or what I have charged in the past on a business day. Separate payment processor fees will apply to the overall amount:
- Emergency Work On The Weekend: All emergency work will be billed as “Time And A Half” which means you will be charged $45.00 an hour on a weekend day (Saturday/Sunday).
- Emergency Work On A Holiday: All emergency work performed on a US holiday will be billed as “Double Time” which means you will be charged $60.00 an hour.
To start emergency work for a weekend you will need to send a NON-REFUNDABLE deposit of $45.00 before work starts. To start emergency work for a holiday you will need to send a NON-REFUNDABLE deposit of $60.00 before work starts.
Standard Fees & Hourly Rates
9SixDesign performs web design related tasks at a rate of $30.00 an hour. The hourly fee does NOT include payment processor fees. Payment processor fees will be added on each invoice that I send you for work performed on your website. All invoices can be available for clients to download by request. Invoices will be in PDF format.
Consultation & Research Fees
I do offer paid consultations & research. Please note that just because I may have helped you on another web site such as vBulletin.org, vBulletin.com, XenForo.org and so on for free while in the course of posting there that I do not help on our own time via a messenger service, Email, or private message for free. If you should need a consultation or research for your brand or niche for your website then the consultation fee is $30.00 an hour via Skype messenger only. If you prefer a consultation through Email/PM or you need me to type you up instructions on how to work something on your web site then please note that all the standard consultation fees & policies apply. In order to secure a time slot for consultation fees please contact me to set up a time. I will then schedule you a 2 hour appointment window. All consultations must be paid for up front before the appointment time begins via a payment processor and will incur a fee charge. All appointments are in 2 hour increments, no more, no less. In the instance of me typing out instructions for you I will keep track of the time it takes and charge you for just the amount of time it took for me to create the document for you to follow.
Research will be conducted in the case of troubleshooting web site or server issues. This will be automatic while I am working on your site if there are issues. In the event that this happens you will be notified before I proceed with the work at hand. I will keep track of my time in these instances and note that this time was for researching the problem if need be. In most cases I will not need to do research at all, but there are times when there is something that I have not encountered before that I have to resort to looking it up and these things can take up quite a bit of our time. I will always let you know in advance if I have to do this.
Turn Around Times & Deadlines
You (the client) must be as prepared as I am to start a project. Deadlines & time frames only work if you are doing your part as well. The sooner I have all the materials that you want placed on your site; for example, text/content, photos, videos, any graphics or layouts that you have purchased before if that was the terms of your project, or any other information that will need to go on the web site must be sent to me BEFORE the project work starts. The project will NOT start until I have all the necessary information & files in my possession even if you have paid the deposit & I have given you a tentative deadline for the project. This also includes purchasing compatible web hosting, a domain name, the software license (in the cases of a paid for PHP script like vBulletin, XenForo, X-Cart, etc., or paid for add-ons) for your web server and sending me login, FTP, cPanel, Plesk information that I ask for. If you are not prepared to start the project and have not sent all the items that I request I cannot start your project and it will be delayed. A serious delay of more than 10 days can result in a forfeit of your deposit depending upon the circumstances. You will be notified via Email if you are in danger of losing your deposit by day 7. If I do not hear from you by day 10 you will forfeit your deposit. NOTE: If there are circumstances beyond your control (sickness, death in the family, accident, etc) please let me know. I will work with you in these cases.
Most projects can usually be completed within 3-10 business days depending upon the type of project it is and the amount of work involved. Each client will be given a tentative deadline at the start of the project before submitting the deposit. These deadlines are not set in stone as the scope of a project can change or problems within the web site or server crop up that were unforeseen. Projects deadlines also rely on the overall scope of the work needed for the site, how many other projects I have going at the same time, & whether or not I have emergency fixes that need to be implemented on other websites. If there is a significant delay in your project you will be notified by email as soon as I am aware of it. At the end of each day when I am done working for that day I will touch base with clients to let them know what was completed and where we stand on the project.
If you delay the project or change the scope of the project half way through and decide you want to use a design or some other software you bought outside of the project and you want to now just have that replace something in the original quote it will NOT be allowed. The project, at that point, may be terminated depending upon the situation and your deposit will NOT be refunded and 9SixDesign will retain copyrights on all codes, skins, graphics, images, files and other things related to the project.
Turn Around Times:
- Small projects such as; graphics (buttons, banners, advertising banners, icons, etc), installations (scripts, add-ons, plugins, modules), upgrades (scripts, add-ons, plugins, modules), & some maintenance projects is an estimated 3-5 business days. This is an estimated amount so it can be longer or shorter depending on all the variables involved.
- Mid-sized projects such as; Custom skins, templates or themes for (vBulletin, OpenCart, OSCommerce, WordPress, Joomla, CubeCart, phpBB, SMF etc.), & larger maintenance projects is an estimated 5-10 days. This is an estimated amount so it can be longer or shorter depending on all the variables involved.
- Large Projects such as; Full web site designs & large site moves or maintenance is an estimated 10-30 days. This is an estimated amount so it can be longer or shorter depending on all the variables involved.
Deadlines & turn around times are NOT set in stone and therefore NOT guaranteed. The times can and most likely will vary depending upon the overall scope of the project at hand.
I do not charge additional fees as long as the work outlined on the accepted quote is the only work that is performed. Every client gets a detailed itemized quote. Its up to you to review the quote and tell me if anything is missing, you need to drop/add something or you have questions or problems with the quote. Additional fees will only be added if I need to fix something that will result in function loss on the web site.
Once a quote is given and accepted by you, (the client) I will not add any extras until after the current project is completed unless it serves for the function of the site to ensure it runs properly. If you forgot something or did not tell me about something it cannot be added until after the original quote has been fulfilled. If you want to add new features to your site after the initial quote they will be accessed and quoted for once the original quote has been met & payment has been made.
Limitation Of Liability And No Warranty
You agree that my liability, and your exclusive remedy, with respect to any services provided under this agreement is limited to the amount you paid for such services which fall within my refund policy outlined above. You understand and agree with the following limitations: possible access delays or interruptions and inadvertent errors on my part. No guarantee is offered regarding potential or actual “down time” of your website.
Under no circumstances, including negligence, shall 9SixDesign, its officers, agents or third parties providing services through 9SixDesign, be liable for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you, any of your end users or any third party; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorized access to a small orange records, programs or services. You agree that this paragraph applies even if 9SixDesign has been advised of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all contents on all servers and all services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; you agree that in those jurisdictions, 9SixDesign liability will be limited to the extent permitted by law.
You agree to indemnify, defend and hold harmless 9SixDesign & Len M. Kaiser, and its parent, other brands, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and collectively, “indemnified parties”) from and against any and all claims, damages, losses. Liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (I) your use of the services; (ii) any violation by you of any of my policies; (iii) any breach of any of your representations, warranties or covenants contained in this agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services the use of which is facilities by me.
My Promise To You
I will work hard to make sure that your design works in every way on every page of your site. You site is guaranteed to work free of bugs & problems when it is delivered to you. I work to make sure that you are happy with your web site after the finished product is installed on your web server. I want our clients to be happy with the finished product and I will strive to make every reasonable effort to see that the site works properly.
If there are issues within the first 3 days after installing the project on your server I will fix them free of charge if they are related to my design or code ONLY. If they are not related to my design or code the normal hourly charge of $30.00 will incur. If after I install your project to your web server & your site has been edited or changed by anyone but me I will not fix any problems free of charge even if its within the 3 day grace period. Charges will be accessed to fix the site and you will have to pay them up front before work starts. This also applies to any client errors in trying to “fix” it yourself.
My Code For Your Site Guarantee
I create sound, commented code that is 100% XHTML & CSS valid. Your site will show the same in all the latest major browsers as well as be compatible with any monitor resolution. Code for templates is guaranteed to work inside the software that you have installed on your web host as long as I installed the software on your host. By software I mean PHP scripts such as vBulletin, XenForo, X-Cart, WordPress, etc.
Please note that I do not code skins or "fix" them to work with third party add-ons with the exception of add-ons that come with the original software. An example of this would be the vBulletin 4 Suite that includes the CMS, blog, forum runner, & Panjo Classifieds that comes standard in the Suite package. If there are problems with the skin/design code in a page that is for a third party module then I cannot guarantee 100% valid code, nor can I promise that the skin will look & work correctly in this page. Many developers have sloppy, uncommented code that is riddled with errors and 9SixDesign will not be held liable for these pages. If you have third party extensions installed please list all of them in the description on the free quote form. I will let you know if they are known to have any conflicts with your project or not. To fix a skin, theme or template to work with a third party module installed on your site will be extra over and above the original quote for the project.
If the software was installed by you or someone else then I cannot guarantee that there are not previous coding errors or that the site will validate as 100% valid XHTML code. If you have previously installed modules, plugins or add-ons on your site the code is also not guaranteed to be 100% valid XHTML & CSS on pages that those modules involve as I cannot account for how and what other designers & developers code. I will not be held accountable for any coding errors that appear when there are third party software installations or coding involved with your web site. Web sites with Twitter, Facebook, Pinterest or other social networking widgets installed will not validate as 100% valid XHTML & CSS code. Social networking sites sometimes do not use valid code therefore I cannot guarantee that your site will have valid code if a social networking widget is present.
Acceptance Of This Agreement
By accepting the project quote for my services & sending a deposit you are agreeing that you have read and agree to these terms & conditions outlined here on this page. 9SixDesign reserves the right to change this agreement at any time and update it as I see fit. 9SixDesign also reserves the right to refuse service to anyone who has violated this terms of service or other agreements outlined on my website. Agreeing to these terms on the free quote form is a legal binding contract. I will not proceed without a full agreement from you. If you have any questions please feel free to contact me.
The terms were updated on (February 23, 2018).