Terms and Agreement
DA-E-MA DESIGNS will carry out work only where an agreement is provided either by email, telephone, mail or fax. DA-E-MA DESIGNS will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Sims Designs and the client, this includes telephone and email agreements.
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, DA-E-MA DESIGNS cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of DA-E-MA DESIGNS until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by DA-E-MA DESIGNS remain the copyright of DA-E-MA DESIGNS and may only be commercially reproduced or resold with the permission of DA-E-MA DESIGNS.
DA-E-MA DESIGNS cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of DA-E-MA DESIGNS and where no charge is made by DA-E-MA DESIGNS for such additions, DA-E-MA DESIGNS accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to DA-E-MA DESIGNS all materials required to complete the site to the agreed standard and within the set deadline.
DA-E-MA DESIGNS will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
DA-E-MA DESIGNS will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
DA-E-MA DESIGNS will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
DA-E-MA DESIGNS will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 50% is required with any project before any design work will be carried out. This figure is higher for websites of an adult nature.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
DA-E-MA DESIGNS cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications or software (unless specifically agreed) written by DA-E-MA DESIGNS remain the copyright of DA-E-MA DESIGNS and may only be commercially reproduced or resold with the permission of DA-E-MA DESIGNS.
Where applications or sites are developed on servers not recommended by DA-E-MA DESIGNS, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by DA-E-MA DESIGNS before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, DA-E-MA DESIGNS will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
DA-E-MA DESIGNS will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. DA-E-MA DESIGNS can offer no guarantees of correct function with all browser software.
Whilst DA-E-MA DESIGNS recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by DA-E-MA DESIGNS cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
DA-E-MA DESIGNS reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the DA-E-MA DESIGNS policy that any outstanding accounts for work carried out by DA-E-MA DESIGNS or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with DA-E-MA DESIGNS.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or DA-E-MA DESIGNS have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Anyone who experiences a problem with their web service provided by DA-E-MA DESIGNS should raise the matter directly emailing us @ email@example.com to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
DA-E-MA DESIGNS will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to DA-E-MA DESIGNS, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
__ The client assumes full reproduction rights upon payment for completed project.
__ One time reproduction rights for the specified project, at the agreed fee, are granted to the client. Any other usage must be negotiated.
__ All reproduction rights on the copyrighted work are retained by the designer. The work may not be reproduced in any form without consent from the designer.
__ The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer's business. Where applicable the client will be given any necessary credit for usage of the project elements.
The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any nonconformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Any changes or demand beyond the scope of the project as outlined shall be reasonably re-estimated and additional cost may apply at a rate of $20/hour. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to the designer. Any usage by the client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney's fees in any action brought to recover payment under this contract or in which Daaimah Jones, DA-E-MA Designs may become a party by reason of this contract.
Any shipping or insurance costs will be assumed by the client. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer, shall entitle the designer to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay.
30 DAY Money-Back GUARANTEE
DA-E-MA DESIGNS extends a 30-day money-back guarantee to all web design clients. This service guarantee begins upon website launch and expires thirty days later. If you are not satisfied with our service for any reason please contact DA-E-MA Design and we will be happy to look into the matter and make adjustments. If that is not enough for the client both parties enter in to a mandatory mediation by outside legal advisory. Mediation council must be agreed upon by both parties. If cancellation ensures based upon the mediation, within 30 days of activation, DA-E-MA DESIGNS will give you a refund excluding initial deposit. Upon cancellation, Client's account will be terminated and all fees, excluding set-up, will be credited back to the Client's by check or money order within 30 days of cancellation.
This guarantee applies only once per customer, billing address, and or credit card number.
Requests for cancellations can be sent via email: firstname.lastname@example.org, by phone at (229) 460-0653, by fax (320) 451-7029, or through the postal service.