Terms of Service

Prairie Magic Design will always strive to please and meet your aspirations. It is important to have things written down. We both need to know who should do what and when, and what will happen if something goes wrong. I’ve tried to keep it simple, if you have any questions about any sections please let me know.

Payment

Web Design Packages

All Web Design packages need a 50% deposit to list on the schedule.

Once you have submitted your initial payment you agree to the Terms of Service in their entirety. The method of payment accepted is PayPal.

Final payment/balance is due before launch OR 45 days from your start date whichever comes first. I will send the graphics files after I have received the final payment. All invoices, which I send by email, will have a link to make secure online payments.

Your website will be up within 24 – 48 hours of the final payment. If we have arranged for an extension, it will take longer to get your website up. I will let you know if there is any reason I will not be able to meet this timeline.

If the project extends beyond the 45-day time frame, an extension fee of $250 will be applied. I will add an extra 30-days to the project to accommodate final edits and launch.

Placed on hold – Any project extending beyond 60 days. The project will begin once the client is ready to resume and my schedule allows.

Canceled – Projects extending beyond 90 days. All payments forfeited to Prairie Magic Design.

Content Maintenance Packages

All Content Maintenance Packages are invoiced monthly.

Content

I do not write. All content will be provided by the client. A client must provide content for Personalized and Custom Design packages. A client must provide content for Content Maintenance Packages.

Refunds

I offer non-tangible irrevocable goods and services. Refunds are not issued:

  • Once a contract is signed.
  • Terms are agreed upon.
  • The product is sent.
  • Service has been rendered.

Deposits secure your place on the calendar/schedule for the time agreed to on the invoice and covers the initial development. Any projects canceled by the client after it is scheduled will incur a 50% cancellation fee and the remaining deposit balance will be refunded within 30 days. If a client cancels a project within 30 days of the scheduled month, NO REFUNDS will be issued.

If I am unable to start on a project due to unforeseen circumstances I will issue a refund. Once work has started I will not issue a refund.

I will not commit to working on a project that I am not confident that I can complete.  There are occasions where once I get into building a website, I find that I am not the right fit for the job.  In these cases, I will contact you to discuss terminating the project.  If I have not delivered any work, I will refund any pre-payment.

If, at any stage, you are not happy with the direction the work is taking you may stop the project. The deposit will act as a kill fee to cover the time and work that has gone into the project. No refunds will be issued and no extra costs will be incurred. Neither the client or the designer will be accountable for further expenses.

Communication

When your project starts it is important to stay in contact. Both the designer and the client need to respond to email timely (within 24-48 hours). All communication will take place through email.

I do not conduct business by phone. I am available via email, meet at a coffee shop, or schedule a time to be available for an online Zoom session. If there will be a time that either designer or client will be unavailable for communication (days out of town or illness, etc.) that will be communicated and a check-in date established.

Holds and Suspensions

Prairie Magic Design will make every effort to keep your project on schedule. I depend on your input and communication. If there are delays in feedback or communication for more than seven days, a “holding fee” will be added. A “holding fee” of $200 per week will be on your invoice. If a client does not respond or communicate within 21 days the project will be suspended.

Any project extending beyond 60 days will be on hold until the client is ready to resume. Projects on hold past 90 days. are canceled. All payments forfeited to Prairie Magic Design.

Clients can request their project be put on hold for up to 6 months. After 6 months the project will be terminated.

There will be a $500 restart fee to resume a hold or suspended project. Rescheduling and payment of these fees will be required for the project to be rescheduled and the newly scheduled dates of the project will be based on my availability.

Working Hours

Monday – Friday from 10 am to 4 pm (Central Time). I work from home and tend to start my day late. I do not work nights or weekends.

Preview and Changes

The design process takes place on a test site. Approval and final payment will be required before the final design is installed and the site goes live. Any minor tweaks need to be submitted within one week of the live date. Changes made after this point will be charged the regular hourly rate ($75).

Collaboration and design sometimes result in a change of direction. New features or additional rounds of changes may incur additional fees. Additional fees will NEVER be a surprise and will be discussed and agreed to before proceeding.

Copyright and Credit

Designs are for a single project on a single URL. A client may not copy the Theme, elements or Genesis Framework for use on another blog, website or social networking profile.

No derivative works of the copyrighted property will be permitted.

Clients are responsible for complying with U.S. Copyright Law (even if the client lives outside the U.S), license agreement(s) and photography copyrights of any images provided to Prairie Magic Design.

Prairie Magic Design assumes you have permission from the rightful owner to use any images or design elements that are provided to Prairie Magic Design for inclusion in the website, and will hold harmless, protect, and defend Prairie Magic Design from any claim or suit arising from the use of such elements.

Design credit will be placed in the footer of all themes/templates created by or customized by Prairie Magic Design. The footer credit must remain intact for the duration of the use of the design. I reserve the right at any time to ask that my credits be removed if the design is changed in a way that I am uncomfortable with and is no longer a true reflection of my work.

Prairie Magic Design retains the right to display graphics and other Web content elements as examples of their work in their portfolio and as content features in other projects.

Website and Marketing

The client agrees that design projects may be featured on the Prairie Magic Design website, social media or promotional materials.

Additional Costs

Stock photography, premium fonts, plugins, and/or graphics may be an additional cost. Or the client may buy the item and provide it to Prairie Magic Design.

Hosting & Domain Registration

Hosting and domain registration is not included in the project fees and is the client’s responsibility. Hosting and Domain registration can be purchased at an additional cost.

Client Responsibilities

The client is responsible for managing their content, WordPress, and hosting account unless packages are purchased through Prairie Magic Design. This includes but is not limited to backups, updates, security, and content revisions.

Search Engine Optimization (SEO)

Prairie Magic Design does not guarantee improvements to your website’s search engine ranking, but the site that is created for you will be accessible to search engines. Yoast SEO plugin is recommended.

Liability

Prairie Magic Design does not guarantee sales or success of websites or blogs.

Legal stuff

Prairie Magic Design will carry out the project work in accordance with good industry practice and at the standard expected from a qualified person with relevant experience.

I will also do the work to the best of my ability. I cannot guarantee that my work will be error-free and so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them.

Your liability to me will also be limited to the amount of fees payable under this contract and you won’t be liable to me or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I’ve advised you of them.

Finally, if any provision of this agreement is found to be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Any feedback or discussion made via social media for revision purposes and/or in a negative format for current or past projects is a strict violation of the terms of this agreement, and you, the Client will be responsible for any and all legal fees necessitated to resolve any dispute or defamation of character that may arise due to feedback or discussion made via social media is at no fault of Prairie Magic Design. Experience reflections and testimonials are welcome via email.

Dispute Resolution

Any legal dispute arising from this contract will be governed by the laws of the State of Kansas. Any needs for arbitration or court proceeding based on or arising out of this agreement must be filed in Sedgwick County, Kansas.
In case a collection agency needs to become involved, the client agrees to pay all fees incurred by that process.

Additional Info

Prairie Magic Design reserves the right not to participate in the designing of a website that is deemed to be vulgar, profane or offensive. I also reserve the right to refuse service as I see fit.

Acceptance of Terms

I do not negotiate on pricing. By submitting your questionnaire or formal contract and deposit, you agree to the terms and conditions listed here. You are responsible for adhering to the terms and conditions listed here, even if you didn’t read them. Terms may be updated at the discretion of Prairie Magic Design and the current revision date will be included.

February 22, 2020