All services provided by MyDreamWeb Design are subject to the following terms and conditions. By purchasing one of our Template, Designs or Custom work, you are agreeing to these conditions:
All Sales are Final. Due to the digital nature of this business, no refunds will be given. There are no exchanges or refunds for any reason.
Nothing on our website is public domain, our designs may not be altered, cut up, modified or re-used or distributed in any way. If the Client wishes to alter the design or use the graphics in any other way, then the copyright licence MUST first be purchased.
You cannot remove our link and claim our work as your own.
Installation is typically within 5-10 working days, often less, depending on the volume of orders at any given time. Once we have your information we will then contact you once your design is installed or if we need any further information.
1. Authorization
The client is engaging MyDreamWeb as an independent contractor for the specific purpose of designing and/or improving a website, to be published on the client's account on an Internet Service Provider (ISP), or "hosting service". The client hereby authorizes MyDreamWeb design to access this account, and authorizes the hosting service to provide MyDreamWeb design, with full access to the client's account, and any other programs needed for this web design project that are included as part of the client's service agreement. The client also authorizes MyDreamWeb design to submit the completed web design project to major web search engines.
2. Development
This web design project will be developed using various commercial software products and proofed by hand. While MyDreamWeb design will make reasonable efforts to design a fully functional website, MyDreamWeb design warranty does not cover AOL, Internet Explorer 6 (notorious for display issues), text-based browsers or requested special effects that we have advise you against.
3. Copyrights and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to MyDreamWeb design for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend MyDreamWeb design from any claim or suit arising from the use of such elements.
4. Credit and Link Back
All website designs by MyDreamWeb design require a text link back to MyDreamWeb design unless other agreements have been made to remove the link at a charge of $40. The client unconditionally guarantees that links back to MyDreamWeb design will remain in place until such time as that website design is not longer published on the Internet. Removal of this link is in violation of this agreement and subject to breach of contract. You cannot claim our work as your own. If our link is removed without our knowledge and consent, we have the right to insist that the design be removed from the Internet.
5. Payments
An initial, non-refundable 25% deposit is required to hold your place on the waiting list. 50% of the total project cost is due at the start of the project, with the remaining balance due upon acceptance of the design/layout.
6. Completion Date
For Custom Design orders: MyDreamWeb design and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 60 days after client has submitted all necessary materials. If the client does not supply MyDreamWeb design with complete text and graphic content for this web design project within 45 days of the date this agreement was signed, the contact is void and any deposits are forfeited.
For All Other Orders: MyDreamWeb Design and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 21 days after the client has submitted all necessary materials. Bear in mind that installation is typically within 5-10 working days. If the client does not supply MyDreamWeb Design with complete content for the project within 45 days after receipt of order, the contract will then be void and any deposits and payments are forfeited.
7. Project Delivery
The final website design project will be published to the client's hosting service upon receipt of full payment. The client understands that hosting services are not included with the web design project. Further, the client will be solely responsible for any and all hosting service charges.
8. Support and Communication
You will receive e-mail support for 30 days after your site has been turned over to you. I encourage you to use this time to load your products and process several test orders to become familiar with the functionality of your site. After 30 days, there may be a charge for hourly support depending on the frequency and complexity of your questions. Please note that all of our communication will be through e-mail and that any questions not relating to the template itself should be directed to your hosting provider.
9. Electronic Commerce Laws
The client agrees that the client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the web design project and will hold harmless, protect, and defend MyDreamWeb design from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the client's exercise of Internet electronic commerce.
10. Website Design Project Copyright
MyDreamWeb design will own copyright to the finished web design site produced by MyDreamWeb design. The client will be assigned rights to use the web design project as a website, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners unless the Client purchases the copyright licence to use the graphics for their business or to alter the design. MyDreamWeb design retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.
11. Legal Notice
Notwithstanding anything to the contrary contained in this contract, MyDreamWeb design cannot warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will MyDreamWeb design be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software.
12. Chargebacks
MyDreamWeb Design will not negotiate chargebacks with any person or company. Charge backs are NEVER acceptable means of attaining a refund. To request a chargeback on your credit card for a valid transaction is considered fraud. Fraudulent credit card chargebacks will be aggressively prosecuted and reported to all major credit bureaus as a delinquent collection account. Should a chargeback be filed against MyDreamWeb Design, we will not hesitate to proceed with collection and legal action to recover funds.
13. Non-Communication
If MyDreamWeb Design is unable to communicate with a client on a custom design project for a duration of fourteen (14) days by email during the design and development process, the project will be cancelled without prior notice and any monies paid will be forfeited to MyDreamWeb Design. It is the responsiblity of the client to provide MyDreamWeb with all necessary information, and MyDreamWeb cannot be expected to chase any outstanding information.
14. Acceptance
Please note that by submitting your payment for my services you are agreeing to all of the terms of service as written here. MyDreamWeb Design reserves the right to change or update these terms at any time without prior notice.
15. Website Tweaking after completion
After the purchase of a limited, Budget or OOAK premade design, MyDreamWeb Design reserves the right to determine on a case by case basis and according to the current schedule when changes can be made to a website design. Please note that MyDreamWeb offers a demo of the administration area of the compatible cart system on the compatible carts page so it is the customer's responsibility to ensure this cart system is suitable and fits their business needs. Nonetheless, should you feel that you really need some changes or tweaking to the design layout, colors or fonts, after installation, please expect to incur a fee at a rate of $40.00 an hour for the modifications. All Limited, Budget and OOAK boutique web designs are considered sold as they are, so please do not expect to have any changes made free of charge. Payment will be required on changes before they are completed. Please allow 14 business days for changes to be completed. For custom order boutique websites, you are allowed 3 revision to the design of the site. A revision is an email with a list of changes. After that, the client shall incur a fee of $40.00 an hour for additional revisions. All home page collages installed as a courtesy or part of your purchase will include images or text that are not interchangeable. If you wish to change these at any time, then a small fee will be incurred.
15. 3rd Party Artwork or Graphics
Please note we will not use graphics or artwork created by another designer or artist without first receiving direct written permission from the artist or designer allowing us to use the graphics/artwork in our designs. Wherever the original designer requires a royalty fee be paid before their artwork can legally be used in a design, you will be responsible for any additional royalty fees that apply.
16. Professional Photographs
If you submit professional photos to us, they will need to be accompanied by a signed release from the photographer allowing us to use the photographs in any print designs we create for you.
17. Logos
If you would like to use a logo that you have complete rights to, then you may submit that upon checkout. If you are unsure of whether you own the rights to the logo, please contact the logo designer for verification.
18. Matching Print Items
All Matching Business card templates, hangtags, postcards, etc are designed at 300dpi high resolution, in .jpg format to have them uploaded and printed off at Vistaprint. Please do not ask us for the original .psd file as this is not possible.
Please feel free to contact us with any questions.
