Terms of Service

Terms of Service

BY VISITING WEBGALLEYDEIGN.COM, YOU ARE CONSENTING TO OUR TERMS 

 

OVERVIEW

By using webgalleydesign.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Web Galley Design LLC, owner of webgalleydesign.com.  Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.

By using the Site, you agree to these Terms of and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms of and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of and Conditions on this Site.  By continuing to use the Site after we post any such changes means you accept the new Terms of and Conditions with the modifications.

SITE USE

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of and Conditions.

BUSINESS HOURS

Monday, Wednesday and Friday from 8:00am to 5:00pm EST. Tuesday and Thursday from 12:00 p.m. to 2:00 p.m.  To keep the Web Galley Design productive work flow going throughout the day, client calls & phone consultations are scheduled between 11:00am and 12:30pm EST Wednesday unless other arrangements are made. Design work done outside of my business hours is ONLY done at Rosemary’s discretion unless a premium is being paid for rush or after business hours services.

PROPOSAL

You will receive a Web Design Creative Brief to complete which goes into detail on what you would like on your site. Once completed you will receive a Proposal and will serve as what I note as your “Proposal” throughout the entire process. The Proposal itself will be effective only for the period of time listed under the “validity date” found on the Proposal itself. If an email is received to start a project after the validity date has expired, another proposal may be drafted and emailed to you for approval, and the start date may be adjusted as well. A Contract will be written and will serve as a binding contract between you, the Client, and Web Galley Design LLC in conjunction with the Proposal itself, alongside the Terms of Service Agreement. An invoice will be attached for 50%  of the price as down payment.  Once signed by client and down payment sent and cleared by my bank then work will begin.  Pricing and terms of each Proposal are subject to change anytime after the validity date has expired.

REVISIONS

Customer will get up to 3 revisions based on the one concept chosen.  Once the amount of maximum revisions has been reached no further revisions can take place unless you pay an additional fee for each additional revision(s). Additional revisions may extend or delay the completion date or deadline at no fault of Rosemary Valdez.

CLIENT RESPONSIBILITIES

Asana Project software is used for all project communication once a project start date has been agreed upon. All feedback and discussions about current or past projects are to be made via Asana or if your Asana project has been archived, comments should be made via email. 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 Rosemary Valdez. Experience reflections and testimonials are welcome via Asana, email and/or via our testimonial form on our website.

a) It is imperative that you return all emails or Asana messages with detailed, constructive feedback within 3 business days via email to keep all projects moving forward smoothly. In the event, there is no response within 7 business days, I reserve the right to terminate the Proposal Acceptance Agreement and bill any unpaid balances and/or additional fees incurred, if any, at that point. Payments made towards the project(s) as described in the Proposal will be used as a kill fee in order to compensate my time and expenses in the event the Agreement has been terminated. I reserve the right to additionally bill you, the Client, to complete a project from the stopping point in the event the Client does not continue the project within a reasonable time frame as set by these terms, the proposal, correspondence or by Rosemary Valdez.

b) Once a project has begun and you have acknowledged either by digital signature, visiting www.webgalleydesign.com and/or on my forms that you have read, understand, agreed to this Terms of Service Agreement; you, the Client, will be held to all standards set in the Agreement, as well as any and all legal fees necessitated to resolve any dispute that may arise at no fault of Rosemary Valdez.

c) The Client is solely responsible for adding, editing, migrating, or hiring additional professionals to create or format any type of content in the form of text, imagery or otherwise for your website, blog, brand identity and/or printed materials. Rosemary Valdez is in no way responsible for writing, photographing, editing or hiring of additional professionals to complete these tasks.

d) The Client is solely responsible for the update(s), addition and/or removal of plugins, frameworks, platforms or otherwise. Rosemary Valdez is in no way responsible for completing these tasks before, during or after a project has been started or completed. Special notice: Updates to customized child themes may result in the complete deletion of any customization performed by Rosemary Valdez. Do NOT update your child theme. Please create a backup of any and all files before updating any and all themes, plugins, frameworks, platforms, etc.

COMPLETION

Once project is completed by me and client has reviewed their website, a Project sign off will be sent along with the final invoice payment.  Hand off of website files, logo etc will be sent AFTER final payment received and cleared by my bank and signatures completed.  My project completion dates vary based on response times to emails and the type of project being worked on. I prioritize and plan out a design schedule for each day, week and month depending on the current amount of clients and/or work that needs to be completed. All design briefs must be returned before any work will begin on a project. In general, the initial design process is the most lengthy potentially taking up to 10 business days for initial concepts to be delivered. Please allow up to 5 to 7 business days for revisions to be made and returned to you. For all rush/weekend/holiday services please inform me of the extent of the project, as well as the rush completion date, and expect to pay a premium for all rush services. Not all requests for rush/weekend/holiday services will be acknowledged and/or doable based upon my current schedule.

You also agree that once final(s) have been released, distributed, reviewed and signed off, by you that Rosemary Valdez no longer holds any responsibility for any/all errors and will not be held responsible for any errors once a project has been sent to print, been published, distributed, displayed, etc. in any way. You, the Client, also acknowledge that you will incur any/all costs to remedy the error in any manner at no fault of Rosemary Valdez.

TESTING & ACCEPTANCE

I use and test web designs in the latest versions of these browsers: Chrome, Firefox, and Safari on a Mac. I highly suggest you download the most updated version of your browser and view all revisions or test sites on a computer monitor and on a mobile device. Please note:  Not all web designs will operate as normal in browsers that are not kept up-to-date with the latest web standards.

a) Once you have signed off on a project, I consider the project to be in full working order and complete. I will then send an invoice for final payment and once received, all files will be sent to you.

b) Any changes or revisions requested and made after project completion and sign-off will be billed at Rosemary Valdez current hourly rate.

c) All digital signatures made to online agreements signed by you, the Client, are considered legally binding.

PAYMENT

Rosemary Valdez accepts credit card payments made via Paypal, our invoicing and credit card processing systems.

a) A 50% deposit is required to hold your place in the design queue with full payment due before any design work on the Client’s project can begin. Deposits are considered non-refundable if the scheduled start date has arrived and full payment has not been received within 5 business days of the initial invoice being sent. Projects will be considered cancelled and will need to be rescheduled.

b) Once work has begun, any amount paid will be used as a kill fee to cover the time and work that has been put into a project in the event the Client (or designer) wishes to stop working with Rosemary Valdez (or said Client), at no fault of Rosemary Valdez.

c) If full payment is not received within 5 business days of the initial invoice being sent, you will lose your place in the design queue and the project will need to be rescheduled based on the current design schedule. In addition, final files will only be sent after full payment has been received and has cleared. Rosemary Valdez reserves the right to put a hold on all projects and/or files until payment has cleared.

d) In the event, Rosemary Valdez is working at an hourly rate, a 1 hour minimum is required.  All hourly work is tracked by an online time tracking tool; and must be paid in full before final files will be released in any capacity to you.

e) In the event, a PayPal or other dispute is filed against Rosemary Valdez or payment is overdue, Rosemary Valdez reserves the right to revoke all Client rights to the deliverables discussed in the Proposal and they will remain the property of Rosemary Valdez until the dispute is resolved. In addition, Rosemary Valdez reserves the right to hold all deliverables until full payment is received.

f) Payments are made via PayPal and all major credit cards are supported.

g) All payment information given to Rosemary Valdez in any form is kept confidential at all times.

 

REFUND POLICY

 

 

You acknowledge that Web Galley Design LLC does not offer refunds for any portion of payment for our design and development website service.  All sales are final and no refunds will be given for any reason.

Online courses that are taken through Web Galley Design LLC on our Teachable site have a policy defined on our course site webgalleydesign.teachable.com.  Please read our terms and conditions that define our refund policy.

 PROMOTIONS/COPYRIGHT

Rosemary Valdez retains the Copyright to any and all work completed by me in the event a project is terminated at no fault of Rosemary Valdez or until full payment is made on all fees including: quote, additional fees, etc. incurred for the project. Rosemary Valdez will retain the right to reproduce, publish and display all work created for the Client in Rosemary Valdez’s portfolios, websites, galleries, periodicals, exhibits, etc. for the purposes of recognition of creative excellence or professional advancement. Copyright violation is strictly prohibited and protected by law.

SUPPORT

I provide limited support via email after the project completion date for a period of 20 days. Support applies only to the functionality of a blog or website design and does not include or apply to: a complete site revamp; additional graphic(s) or a change to any graphic(s); content changes or additions; WordPress and/or Genesis training; etc.

HOSTING

I recommend Siteground Hosting Plans for all web hosting purposes; however, if you have secured another hosting company please contact me first to see if your host of choice is an approved WordPress hosting company.

Not all hosting companies are created equally, if at any time I determine your host isn’t compatible with the work I am performing for you, you may be asked to switch hosts.

Terms of Service Agreement subject to change at any time, at Rosemary Valdez’s discretion.  Updated 03/13/17