Terms & conditions
TERMS AND CONDITIONS OF SERVICE
The following Terms and Conditions apply to all products and services provided by Only Sunshine Creative (hereafter referred to as “the Company”). By commissioning work from the Company, the client agrees to these terms and conditions.
General Conditions of Contract
- These Terms and Conditions cover all Contracts entered into by a Client with the Company for services relating to design, printing, copywriting, visual media, web sites, brand identity, illustrations, images and photography (Artwork).
- These Terms and Conditions are subject to change without notification by the Company.
- These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.
Copyright and Ownership
- All work, including words, pictures, visuals, and illustrations, is the intellectual property of the Company unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one design solution is considered to fulfill the contract. All other designs remain the property of the Company unless agreed otherwise in writing.
Project Acceptance
- The Company will provide a written proposal or estimate for services. Estimates and invoices are valid for 30 days from the date of issue and may be subject to change thereafter. No work will begin until the client signs the estimate or quotation or submits an official order accepting these terms.
Design Charges
- Design service charges are outlined in the provided proposal or estimate. A non-refundable deposit of the quoted fee is due upon acceptance. Projects are limited to a set number of revisions; additional revisions will incur extra charges at the Company’s discretion as outlined in the Contract for work provided by the Company.
Charges for Additional Services
- Charges for any additional services beyond the original estimate will be payable in full (100% of the quoted amount) upon acceptance.
Payment Terms
- Prior to providing final assets, the Client must pay any remaining balance. Accounts unpaid after 30 days from the invoice date will incur a 2% monthly late fee. Payments can be made via your Client Dashboard in Honeybook by credit card, credit cards, ACH transfers, cash, and checks. Publication and release of work will not occur until funds have cleared.
- The Client reserves the right to request a payment plan which may be accepted by the Company at its discretion. All payment plans must be agreed to by both plans in writing.
- The company reserves the right to delete websites with accounts with a more than 90 day outstanding payment.
Default
- An account is in default if unpaid for 30 days from the invoice date. The Company reserves the right to remove client materials from any computer systems until payment is made. The client agrees to pay any legal expenses and third-party collection fees incurred by the Company.
Rights of Access for Website Construction
- The Client must provide the Company with necessary access to computer systems, hosting environments, and other locations required to complete a website project, including read/write permissions, usernames, and passwords. This access must remain available until all funds are cleared. The Company may also require access to these systems to remove data in the event of non-payment. The Client agrees to supply all required materials promptly and acknowledges that delays in providing access or materials may impact project timelines.
Design Project Duration and Completion
- Project timelines provided by the Company are estimates. The Company is not responsible for project delays caused by the Client or third parties. A project is considered complete upon the Client’s signed approval or emailed statement of approval. Additional services such as printing or website uploading constitute separate projects and may incur additional charges.
Project Abandonment
- If the Client becomes unresponsive or fails to engage in the project for two (2) months, the project may be considered abandoned. In such cases, the Client forfeits any right to a refund, and any remaining fees will still be due. The Company may, at its discretion, offer credit for future services.
Licensing
- All designs, copywriting, code, or other materials created by the Company are licensed for one-time use by the Client. They may not be modified, reused, or distributed without the Company’s written consent.
Copyrights and Trademarks
- The Client must ensure that any text, images, or other materials supplied to the Company have the necessary permissions and copyrights. The Company retains rights to all designs and materials it creates, and any third-party use requires written permission.
- The Company does not take any responsibility for Trademarking of any kind. It is the Client's responsibility to check trade marking laws and existing Trademarks for availability.
Copyrights and Trademarks
- The Client must ensure that any text, images, or other materials supplied to the Company have the necessary permissions and copyrights. The Company retains rights to all designs and materials it creates, and any third-party use requires written permission.
- The Company does not take any responsibility for Trademarking of any kind. It is the clients responsibility to check trade marking laws and existing Trademarks for availability.
Alterations
- Additional charges will apply for changes beyond the initial scope or after draft approval. The Company is not responsible for third-party alterations to designs once published.
Data Formats
- The Client agrees to supply text, images, and other data in acceptable formats, as prescribed by the Company. Additional charges may apply for converting data into usable formats.
Hosting and Domain Registration
- The Company does not offer in-house hosting services but may recommend third-party providers. The Company is not responsible for service interruptions from these providers. Domain registration is not guaranteed, and fees related to domain registration are the Client’s responsibility.
- The Client is to refer to hosting and domain name providers for queries regarding the following services: Domain names, Hosting and registration, SSL certificates, Email addresses and Email hosting.
- The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms & Conditions: Set up of email addresses, Emails going to Spam/Junk, Email not functioning and Email Signatures.
Search Engine Submission and Optimization
- The Company cannot guarantee specific search engine rankings or acceptance. Search engine placements vary, and the Company is not responsible for ongoing SEO services unless specifically contracted.
- The Company builds websites according to the trends of SEO at the time of building. We will help you to explore your keywords/key phrases; however final key phrase choice is the responsibility of the Client.
Design Credits
- The Company reserves the right to include a small credit on Client websites and print materials. The Client also agrees to allow the Company to showcase completed projects on its website and promotional materials.
Rights of Refusal
- The Company reserves the right to refuse any material deemed offensive, obscene, or illegal. If such material is included in good faith but later found to violate these terms, the Client agrees to allow its removal without penalty.
Cancellation
- Cancellations must be confirmed in writing. The Client will be invoiced for all work completed beyond the initial non-refundable deposit. Failure to formally confirm cancellation will result in the Client being liable for the full quoted project cost.
Liability and Disclaimer
- The Company makes no express or implied warranties for the products or services supplied. The Company’s liability is limited to the amount paid by the Client for the relevant project. The client agrees not to hold the Company responsible for any losses or damages beyond the project fees.
File Retention and Access
- Project files are retained for up to one year after completion. The Company recommends clients download and securely store their own copies for long-term access.
- The Company does not back up website content and cannot be held liable for partial or complete loss of data. It is the Client’s responsibility to back up their website.
Binding Arbitration
- Disputes that cannot be resolved amicably will be settled through binding arbitration with the American Arbitration Association. Arbitration costs will be shared equally, and the proceedings will remain confidential.
Acceptance of Terms
- By signing an estimate, quotation, or order, the client accepts these Terms and Conditions, forming a binding contract with Only Sunshine Creative.