Terms of Service
These terms of service ("Agreement") govern the provision of website design services ("Services") by Shine Management Studios LLC ("Designer" or "I") to you ("Client" or "you"). By engaging my Services, you agree to be bound by the terms and conditions outlined below:
1. Scope of Services:
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a. Designer will provide website design and development services using the Wix platform.
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2. Client Responsibilities:
a. Client shall provide all necessary materials, including but not limited to photos, copy, and logo, unless otherwise specified in the agreed-upon package.
b. Client is responsible for any fees associated with Wix and domain name registration.
c. Client shall provide timely feedback, content, and approvals required for the project's progress.
d. Client ensures that all provided materials do not infringe any third-party intellectual property rights.
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3. Deposit and Payment Terms:
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a. Client shall pay a non-refundable deposit of 25% of the package total to initiate the project.
b. The remaining balance is due upon completion and approval of the website. Website ownership will be transferred and website will be published when full balance has been paid.
c. All payments shall be made in the agreed-upon currency and through the designated payment method. Cash, Venmo and CC accepted.
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4. Project Timeline:
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a. Designer will provide an estimated timeline for project completion, subject to the timely provision of required materials and client feedback.
b. Any delay caused by the client may result in an extension of the project timeline.
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5. Intellectual Property:
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a. Designer grants the Client a non-exclusive, non-transferable license to use the completed website upon full payment.
b. Client acknowledges that all intellectual property rights, including copyrights, belong to Designer, unless otherwise agreed upon in writing.
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6. Revisions and Changes:
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a. Designer will make a reasonable number of revisions as part of the agreed-upon package.
b. Additional revisions or major changes beyond the scope of the package may be subject to an additional fee at Designer's discretion.
c. Designer reserves the right to determine what constitutes a revision versus a major change.
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7. Termination:
a. Either party may terminate the Agreement with written notice if the other party materially breaches its obligations and fails to remedy the breach within a reasonable timeframe.
b. In the event of termination, Client shall pay for all completed work and any outstanding fees incurred up to the termination date.
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8. Limitation of Liability:
a. Designer shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the Services or the website, including but not limited to copywrite infringement, lost profits, data loss, or business interruption.
b. Designer's liability shall be limited to the total fees paid by the Client for the Services.
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9. Website Modification Provision:
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In order to ensure the quality and integrity of the website design created by the Designer, it is important to limit unauthorized modifications made by the Client. Therefore, the following provision shall apply:
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a. Once the website design is completed and delivered to the Client, any modifications or changes made by the Client or any third party without the explicit written consent of the Designer shall void any warranties, support, and future services provided by the Designer.
b. The Client acknowledges that any modifications or changes made by unauthorized parties may affect the functionality, appearance, and overall performance of the website. The Designer shall not be responsible for any issues, errors, or damages resulting from such modifications or changes.
c. If the Client wishes to make modifications or changes to the website after its completion, they must notify the Designer in writing and request the Designer's assistance. The Designer may, at their sole discretion, provide a separate estimate and timeline for any additional work required to implement the requested modifications or changes.
d. The Designer reserves the right to decline or charge additional fees for any modifications or changes requested by the Client that fall outside the scope of the initial agreement or package. Such additional work will be subject to a separate agreement or proposal.
e. The Client understands and agrees that the Designer will not provide support or assistance for any issues, errors, or damages resulting from modifications or changes made by unauthorized parties.
f. The Designer shall not be held liable for any losses, damages, or costs incurred by the Client or any third party due to modifications or changes made by unauthorized parties.
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10. Governing Law and Jurisdiction:
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a. This Agreement shall be governed by and construed in accordance with the laws of Onondaga County in the State of New York.
b. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts in Onondaga County in the State of New York.
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11. Entire Agreement:
This Agreement constitutes the entire understanding between Designer and Client regarding the Services and supersedes any prior agreements, written or oral.