Wasted Sanity Studios

Web Development - Graphic Design - Digital Marketing

Terms of Service

Client and Customer Terms & Conditions

The following terms and conditions apply to all clients of any website, graphic, marketing, or other services provided by Rob/Rob B./Wasted Sanity Studios to the Client.


1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, pays an invoice, or defines a verbal agreement, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions as they are publicly posted and freely available. If you would prefer these Terms and Conditions in a written, contract, or otherwise form different than presented on this page, you must request it specifically from the start of any discussion or planning!

2. Charges

Charges for services to be provided by Rob B./Wasted Sanity Studios are defined in the project quotation, bid, or verbal/written agreement that the Client receives via e-mail, phone, or in person. Quotations and bids are valid for a period of 15 days. Rob B./Wasted Sanity Studios reserves the right to alter, decline to re-provide, or otherwise abandon a quotation after expiry of the 15 days.

Unless agreed otherwise with the Client, all services require a down payment (as is industry standard); of a minimum of twenty five (25) percent of the project or task quotation total before any work begins. The next payment(s) vary per client and are discussed before a down payment is made.

Payment for services are handled through the Rob B./Wasted Sanity Studios verified Stripe or Business Paypal account and invoices are generally emailed and can be paid with nearly any credit or debit card and are due upon receipt within 7 days. Business as well as payment details are included on invoices and the included receipt(s) that are emailed from Paypal directly to you.

3. Client Review

Rob B./Wasted Sanity Studios will provide the Client with an opportunity to review the appearance and content of the website, graphic, or campaign during the design phase and once the overall design or development is nearly or fully completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Rob B./Wasted Sanity Studios otherwise within seven (7) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

Rob B./Wasted Sanity Studios will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Rob B./Wasted Sanity Studios receiving initial down payment, unless a delay is specifically requested by the Client and agreed by Rob B./Wasted Sanity Studios or other outside and unforeseen factors delay progress and in those rare instances, Rob B./Wasted Sanity Studios will immediately attempt to notify the Client and bring them up to speed on any issues.

In return, the Client agrees to delegate a single individual as a primary contact to aid Rob B./Wasted Sanity Studios with progressing the commission in a satisfactory and expedient manner.

During the project, Rob B./Wasted Sanity Studios will require the Client to provide website content; text, images, movies and sound files as needed.

5. Failure to provide required text, graphic, or other necessary content:

Rob B./Wasted Sanity Studios is a small business, to remain efficient we must ensure that work we have design, developed, and/or programmed is carried out on schedule with our other clients and within the scheduled timeframe discussed. On occasions we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% of your total project or task cost. If your project involves Search Engine Optimization we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is; do not give us the green light or go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, PDF, Google Doc, text document, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same or similar titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system you are able to keep your content up to date your self. We can even provide you custom documentation, instructions, or lessons on use!

6. Payment

Invoices are due upon receipt. Accounts that remain unpaid fourteen (14) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or $50 per month of the total amount due.

Unless agreed otherwise with the Client, all services require a down payment as is industry standard; of a minimum of twenty five (25) percent of the project or task quotation total before any work begins. The next payment(s) vary per client and are discussed before a down payment is made.

Payment for services are handled through a verified Business Paypal account and invoices are emailed and can be paid with nearly any credit or debit card. Business as well as payment details are provided on invoices and the included receipt(s) emailed directly from Paypal.

7. Additional Expenses

Client agrees to reimburse Rob B./Wasted Sanity Studios for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, site scripts or parts, accounts, etc. Most if not all of these will be discussed beforehand, or will be immediately brought to the Clients attention as a need arises. We do everything we can to avoid any paid content and prefer to make our own, and we do everything we can to not go astray from any discussed costs!

8. Web Browsers

Rob B./Wasted Sanity Studios makes every effort to ensure websites are designed to be responsive, mobile friendly, and can be viewed by the majority of users/visitors. Websites are designed to work on any size PC, Laptop, or mobile phone and with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Rob B./Wasted Sanity Studios cannot guarantee correct functionality with all browser software across different operating systems.

Rob B./Wasted Sanity Studios cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Rob B./Wasted Sanity Studios reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on any web server or resources owned or provided by Rob B./Wasted Sanity Studios, we can, at our discretion, remove all such material from its web server or resources. Rob B./Wasted Sanity Studios is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. If there is an issue with any payment, the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Rob B./Wasted Sanity Studios reasonable expenses, including any legal fees and costs for collection by third-party courts, agencies, companies, etc, that are incurred by Rob B./Wasted Sanity Studios in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client are required thirty (30) days or one retainer cycle (as applies) in advance and must be requested in a written notice via email with our confirmation of the receipt of the email, or through a verbal agreement in person or via telephone and will be effective on receipt of such notice or verbal agreement. E-mail or telephone requests for termination of services will be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within seven (7) days.

11. Indemnity

All provided services or products may be used for lawful purposes only. You agree to indemnify and hold Rob B./Wasted Sanity Studios harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Rob B./Wasted Sanity Studios the rights to publish and use such material in the progress of the Clients work or on the Rob B./Wasted Sanity Studios website or portfolio(s). The Client must obtain permission and rights to use any information or files that are copyrighted by a third party before use. The Client is further responsible for granting Rob B./Wasted Sanity Studios permission and rights for use of the same and agrees to indemnify and hold harmless Rob B./Wasted Sanity Studios from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.

A paid invoice for service is an agreement and shall be regarded as a guarantee by the Client to Rob B./Wasted Sanity Studios that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on flash drive, hard drive, or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Rob B./Wasted Sanity Studios to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed in every case.

14. Design Credit

A link to Rob B./Wasted Sanity Studios may appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $5000, a fixed fee of $500 will be applied. The Client also agrees that the website developed for the Client may be presented in Rob B./Wasted Sanity Studios portfolio.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, Rob B./Wasted Sanity Studios must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Rob B./Wasted Sanity Studios will also generally require an SQL database to be made with the credentials provided, or we will require Cpanel or web hosting access to create the database.

Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Placement Alterations

Rob B./Wasted Sanity Studios cannot accept responsibility for any alterations caused by a third party occurring to the Client’s website, pages , or graphics once designed, developed, or installed. Such alterations include, but are not limited to additions, updates, modifications or deletions.

17. Domain Names

Rob B./Wasted Sanity Studios may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client unless discussed. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Rob B./Wasted Sanity Studios. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. Any payment of an invoice sent by Rob B./Wasted Sanity Studios constitutes agreement to and acceptance of these Terms and Conditions. Payment online, via Paypal, in cash/check, or in any other manner is an acceptance of our terms and conditions in full.

19. Governing Law

This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, Client’s local laws and regulations, and the laws of the United States as they apply.

All disputes here under shall be resolved in the applicable state or federal courts of the Commonwealth of Pennsylvania. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

20. Liability

Rob B./Wasted Sanity Studios hereby excludes himself and any staff, freelancers, employees and/or agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss of income, revenue, donations, or any payments caused by any inaccuracy, disagreement, dispute, delay, or other reason;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the progress of any design or development services;
  • Loss or damage to clients’ artwork/photos, supplied for any web, graphic, or marketing services. Regardless of whether the loss or damage results from negligence or otherwise.

The entire liability of Rob B./Wasted Sanity Studios to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

21. Severability

In the event that any part or provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that part or provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

22. Maintenance

This Agreement or any agreement to design or develop any website or web application does not include nor provide maintenance unless a maintenance or retainer plan is discussed and purchased. If the Client or any agent other than Wasted Sanity Studios attempts in the updating or modification of Client’s website, pages, graphics, or campaigns; time to repair will be assessed at an hourly rate of fifty (50$) dollars.

Changes requested by the Client beyond those limits agreed upon will be billed at the hourly rate of at the minimum of twenty five (25$) dollars. This rate shall also govern additional work authorized beyond the scope or maximums agreed upon for such services as webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics, or any other web, graphic, or marketing services.

 

23. Warranties

Rob B./Wasted Sanity Studios does not warrant that the functions contained in its web pages, site, or application will totally meet the Client’s requests or that the operation of the web pages, web site, or application will be uninterrupted or error-free. The entirety of risk as to the quality and performance of the web pages and web site is with the Client.

Except as otherwise specified in this agreement, Rob B./Wasted Sanity Studios provides its services “as is” and without warranty of any kind. The parties agree that (a) the limited warranties set forth in this section are the sole and exclusive warranties provided by each party, and (b) each party disclaims all other warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, relating to this agreement, performance or inability to perform under this agreement, the content, and each party’s computing and distribution system.

24. Confidentiality

The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement.

Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Rob B./Wasted Sanity Studios and Client acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the date of invoice payment or any services being provided unless otherwise agreed upon and noted.

25. Web Site Hosting

Rob B./Wasted Sanity Studios provides website hosting and can provide Clients with an affordable and convenient hosting solution on a year to year basis preferably. Hosting is paid in full for on year to start service and requires at least thirty (30) days notice to cancel.

As part of this service, Rob B./Wasted Sanity Studios agrees to make Client’s website or web application available to Internet users approximately 24 hours per day, to at least periodically backup the website files and database unless a retainer defines a backup schedule, and to store said back-up materials in a safe and secure environment, fit for the back-up media, and not located at the same location as Rob B./Wasted Sanity Studios web server. Also as part of this service, Rob B./Wasted Sanity Studios agrees to use its best efforts to ensure reasonable response times for any users accessing Clients web site or application.

Backups can be requested once a month at any time by Contacting Us, and will be provided within seven (7) days.

26. Disputes or Disagreements

Client and Rob B./Wasted Sanity Studios agree to make every attempt and good-faith effort to resolve any dispute or disagreement arising out of, or in connection with; their website/project or these Terms and Conditions through negotiation. Should the parties fail to resolve any such disagreement within ten to thirty (10-30) days, any controversy or claim arising out of or relating to the provided work, service provided, or this or any Agreement written or verbal, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in the Commonwealth of Pennsylvania, and in accordance with the applicable laws, rules, regulations, etc.

All disputes that apply shall be resolved in the applicable state or federal courts of the Commonwealth of Pennsylvania. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

27. Revisions

Any design, development, service, content, or artistic samples/drafts/revisions required or requested during the course of any service should be within good reason and submitted through email or the Client Support System for ease and efficiency.

A single “revision cycle” is as follows; Rob B./Wasted Sanity Studios provides a draft, revision, or sample, the Client reviews the material(s), and the client requests their reasonable changes.

Unless otherwise agreed upon and paid for, the maximum number of revision cycles for ANY service is five (5) revision cycles. Meaning; the absolute maximum revisions, samples, drafts, or previews for any logo, website, image, or other design/development is FIVE (5) unless otherwise specified AND paid for in advance!


[Effective: Spring 2014]
[Updated: 4 2016]

Wasted Sanity Studios © 2017

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