TERMS OF SERVICE
Last updated Aug 3, 2023
CONTENTS
In Short
Kreative Mojo Design will provide website audit, design, development, and support services for a negotiated total price as agreed upon in the project proposal or correspondence.
Clients must confirm their ability to agree on their company or organization’s behalf. They must also supply all necessary project materials in the requested format and provide timely feedback and approval. Adhering to the payment schedule set out in the project proposal is also required.
Kreative Mojo Design will perform the services outlined in the proposal professionally and on time. However, missed deadlines may occur if the client is late providing necessary materials or feedback. Delays longer than two weeks may result in a rescheduled project launch.
Website and Design Projects
We strive for your complete satisfaction with the result of our website and design projects. You can request revisions to the design within the scope of your project proposal (usually up to 3 hours), and we will make every effort to meet your needs.
However, it’s important to note that the fee quoted in your proposal is based on our estimation of the required work. Repeated changes to requirements can lead to additional work on our part, and if you’re not satisfied with the designs after the allotted revision time, we reserve the right to invoice you for all work produced up to that point. You can then cancel the contract or continue to commission us at an hourly rate.
Once we agree on the final design, we will invoice you for the agreed-upon amounts minus any deposit already paid. We will then implement the website on an agreed schedule, using the hosting arrangement we agreed upon. If we host the website, payment is due within 14 days of launch. If the website is transferred to your chosen host, you are supposed to pay before the transfer procedure. The final payment is due if we don’t receive feedback promptly after sending the developed site.
The “go-live” date represents the completion of the project unless otherwise agreed upon. Ongoing work or maintenance will be based on a maintenance agreement we’ve agreed upon.
Text/Copy Content
Unless otherwise stated in the initial proposal, we are not responsible for creating the final text copy. We can assist with content editing to ensure it fits well into the website. Still, if we are significantly required to create content beyond the proposal, we reserve the right to charge you at our hourly rate for copywriting or content editing.
We are not liable for any errors, mistakes, or typos in the finalized copy provided by you.
Photographs and Videos
The photography section of our terms and conditions outlines our expectations and requirements for any photographs or videos provided for use in your project. We require that you provide us with sufficient quality and resolution digital versions for the intended purpose. This ensures that the final product is of the highest possible standard.
In case you do not have suitable photographs or videos, we can recommend vendors for purchasing stock images or videos. However, it is important to note that any images or videos deemed inappropriate, offensive, or infringing upon intellectual property laws are subject to our rejection.
We are pleased to provide free stock photography sourcing for your project within the quoted cost. This allows us to deliver high-quality imagery without any additional costs to you. Overall, our photography section is designed to ensure that we can create a final product that meets both your needs and our high standards for quality and professionalism.
Scheduling and Timelines
Your project will be scheduled once we have received the down payment, the completed questionnaire, and all your website content. We will not add you to our schedule until we fully receive these components.
Our schedule operates on a first-come, first-served basis. We will provide you with our best estimate of when we will be able to begin your project during our initial discussions and project proposal. This date or spot is not guaranteed; it is an estimate based on the assumption that you have all of your website content ready and can submit the down payment, questionnaire, and our other required items within the next few days.
Your project proposal will provide an estimated timeline for your project. This estimate assumes that you will respond, provide feedback, and approve drafts within one to two business days of our emails. Any delays in this process will increase the project time and may, in some circumstances, completely nullify the projected timeline. For example, if we do not receive approval from you for the development phase for two or more weeks, we may be unable to proceed with the originally projected dates. If you cannot respond or adhere to the timeline provided, please inform us as soon as possible.
If any modifications to the work requirements were not included in the initial project proposal, the estimated timeline for completion would be extended accordingly. Please don’t hesitate to contact us if you would like to receive an update or have any queries regarding the timeline for your project.
SEO
Search Engine Optimization compasses various strategies that promote the visibility of your website on the internet and help it rank higher than your competitors in search engine results.
SEO is a complex field influenced by multiple factors, including website structure, content, offline marketing, social media presence, and backlinks from other websites. While our primary focus is website design, we understand that SEO involves more than design and optimization. Therefore, unless specifically agreed otherwise, we do not offer SEO services beyond best practices in design and on-page optimization outlined in your project proposal. Ultimately, search engine algorithms determine search rankings, and we cannot guarantee any specific rankings.
Website Maintenance
Websites require ongoing maintenance to remain secure, accurate, and relevant. We offer a maintenance plan that includes routine technical and security updates, backups, implementation of security plugins, uptime monitoring, and website hosting. It is up to you to decide the extent to which you want to take advantage of these services, and please note that ongoing maintenance is required if we provide web hosting services for your website.
Our website maintenance service covers several tasks, including performing regular technical and security updates to keep the core components and additional extensions that power your website up-to-date, creating routine backups of your entire website (including content, functionality, and data) to enable easy restoration in case of any technical issues, installing security scan plugins to identify and prevent malicious traffic, providing continuous 24/7 uptime monitoring, allowing for some time for website content changes and updates, and offering website hosting services.
Website Hosting
We offer website hosting on our servers as per your request. We strive to maintain a 99.9% uptime and optimal performance, but we cannot guarantee a specific time-to-fix in case of downtime, whether planned or unscheduled.
Third-party administrator-level access will not be granted to our servers, including FTP, SSH, cPanel, and similar tools. In case you require third-party access, we can recommend hosting providers who fit your needs. Also, some websites or content, like adult content or medical information subject to HIPAA regulations, cannot be hosted on our shared servers. We can help you find a suitable third-party hosting provider in such cases.
When using a third party hosting
In cases where clients opt for their website to be hosted on their server or a third-party server, we cannot guarantee the performance, uptime, or service response beyond what is assured by the third party. We can provide recommendations for suitable third-party hosting services if needed. However, the hosting service must meet certain minimum requirements, such as supporting at least one MySQL database and the PHP scripting language. We will need access to your hosting control panel for configuration purposes.
If you opt for a “Managed WordPress” hosting package, our backup software may not be compatible with your site, and we will not make backups of your site. In such cases, your hosting provider will create and maintain backups. We make no claims or guarantees regarding the reliability of these services.
If you decide to use a third-party hosting service for your website, you are not required to use our maintenance services. However, it is important to note that you will ensure that your website remains up-to-date with updates, security measures, backups, and other necessary maintenance tasks.
Email Hosting
We can set up domain-based emails on our server for a maximum of four email accounts per domain at an hourly rate. Additional emails are available at an extra monthly cost. However, we do not guarantee the security or performance of emails hosted on our shared server or any third-party server.
We are not responsible or held liable for damages, including lost profits or savings, arising from the operation of your email accounts, whether hosted on our servers or elsewhere. We can send support tickets to your email provider if your email accounts are not hosted on our servers. We can also recommend secure domain-based email providers.
Backups
We offer regular backups of the website and/or its databases, with the frequency depending on the nature of your website, level of content changes, and specific agreements. Backup files are stored securely and can be used to restore your website to its last known good state in case of technical or security issues. However, we cannot guarantee zero data loss, and any changes made to the website since the last backup will not be restored.
We will not work on a website unless we can create a backup with our software. Please note that backups may not resolve all issues, such as pre-existing malware on the site. We are not responsible for any loss of website content or functionality.
Software and Plugin Updates
The main website framework (usually WordPress Content Management System) receives regular updates, including functional changes, bug fixes, and security enhancements. Similarly, their authors will regularly update any extensions to the core software (typically themes and plugins). As part of maintenance, we will update these components of the software. We will provide any available licenses we have for related plugins during maintenance. However, we cannot update pro or premium plugins or themes for which you do not have an active license.
24/7 Monitoring
We will monitor the uptime of your website and take necessary measures to address any downtime. However, if you or a third party authorized by you is responsible for the downtime, we can charge you hourly for the time spent resolving the issue.
Website Content Updates
We are committed to making timely changes and updates to your website content as outlined in your project proposal. Please note that the allotted time must be used within the calendar month and cannot be carried over to subsequent months. Our goal is to ensure that your website remains current and relevant, and we appreciate your cooperation in making the most of the allotted time for updates and changes.
"Fair Usage"
We want to ensure that we can provide maintenance services on a commercially viable basis. Therefore, our maintenance services are subject to a “fair usage” condition. Here’s what this means:
- We will only make changes to the content of your website that fall within the scope of the original website that you purchased. For instance, updating business hours, changing images, or updating a paragraph of text would fall under content updates.
- We will not add pages or functionality that would effectively increase the complexity of the website. Significant changes that amount to rewriting or redesigning the site are not covered. If you require substantial changes, we can provide an estimate for upgrading the website.
- We expect all change requests to be detailed and clear enough for us to understand. We will not begin work without fully understanding your requirements. If you have multiple change requests, we ask that you combine them into a single request where possible.
- If the requested changes are based on inaccurate or incomplete information, we may need to spend additional time reworking or revising them. In such instances, we reserve the right to charge an hourly rate to cover the additional time and effort required. To avoid unnecessary charges, we recommend providing clear and detailed information about your requirements and making all changes in one go, wherever possible.
- Our team strives to complete website updates within the same day; however, the timeframe may vary based on our availability, with a maximum turnaround time of one week. If you have time-sensitive changes, kindly inform us before the deadline so we can prioritize your request. While we always aim to minimize planned and unscheduled downtime, we cannot guarantee a specific time to fix it.
- Maintenance services are only applicable for the calendar month, and any unused time cannot be carried over to the following months. You have the option to cancel maintenance services by sending us an email at [email protected].
- If you or a third party authorized by you choose to update the website, you must ensure that the appropriate skills and knowledge are possessed. Maintenance services do not cover resolving issues caused by you or any third party.
- It is required that your maintenance payments are kept up to date, and they are payable in advance on the first day of each month. Please see the payment section below for further details.
- If the fair usage requirements are not met, we retain the right to halt or terminate maintenance services.
Copyrights
By providing us with any text, graphics, photos, designs, trademarks, or other artwork for the website, you guarantee that you own the rights to use such materials or have obtained the necessary permissions. Therefore, we will not be held liable for any claims of intellectual property infringement related to the media provided by you. You also agree to indemnify us against any such claims.
Once we receive your final payment, the copyright is automatically assigned as follows:
For new website projects, you will own all website files, text content, graphics, and other visual elements we have created for you. We will provide you with a copy of all files upon request within one month of the project’s completion. We are not required to keep any related project files beyond this date. Any text content, photographs, or other data you have provided and not owned by someone else will also belong to you.
We have the right to showcase and link to your completed project as a part of our portfolio and discuss it in websites, magazine articles, and books about web design.
Furthermore, we can include and keep a small and subtle link on your website to ours to demonstrate our work with your website.
Payments
We take payment for our services seriously and expect our clients to do the same. If you fail to pay our invoices in a timely manner as outlined in the payment terms, we reserve the right to take appropriate measures to recover unpaid invoices. This may include suspending website services without prior notice or taking legal action to recover the outstanding amount.
- Our standard payment terms require payment within seven days from the invoice date unless we agree otherwise in writing. If you fail to pay your invoice by the due date, we will charge a late monthly fee of 1.5% until payment is received in full.
- The final project invoice is due within seven days of the website launch for new website projects, provided the website is hosted on our servers. If you wish to transfer the website to a hosting company, the final project invoice is due before the website transfer.
- We charge recurring fees for ongoing maintenance services on the first day of each month. Please note that these charges are non-refundable. Suppose you require additional work that exceeds the hourly limit included in your maintenance plan. In that case, we will auto-bill you for hours worked during the previous month, up to five hours, on the first day of the month (in addition to the monthly maintenance payment). If the additional work exceeds five hours, we will contact you for confirmation before continuing work.
- All deposits and payments for website audits are non-refundable. Once we have completed the website and sent you a link to it on our development server, we expect to receive your feedback in a timely manner. Failure to provide timely feedback may result in a final project invoice, due within seven days of receipt unless we agree otherwise in writing.
- We can bill you for maintenance until the date your website is transferred to your server or until the website is launched on our server.
Stripe Subscriptions
Our customers have spoken, and we have listened. We are excited to announce that automatic payments by Stripe are now available upon request. We understand that managing recurring payments can be time-consuming and inconvenient. Therefore, we have partnered with Stripe to provide you with a seamless and hassle-free solution.
Stripe is a trusted and secure online payment processing platform that ensures your transactions are processed efficiently and securely. With the integration of automatic payments, you can now set up recurring payments with ease.
Here’s how it works: Simply contact our customer support team and let them know that you would like to enable automatic payments through Stripe. Our team will guide you through the quick and straightforward setup process. Once set up, you can sit back and relax, knowing that your payments will be handled automatically without any manual intervention.
Automatic payments not only save you time but also offer convenience and peace of mind. No longer will you need to remember due dates or worry about late fees. With Stripe’s advanced technology, your payments will be processed on time, every time.
Additionally, Stripe provides a user-friendly dashboard that allows you to view and manage your payment history effortlessly. You can access detailed reports, track your payment status, and even receive notifications for successful payments. It’s the perfect tool to keep your finances in order and stay on top of your payments.
Security is of utmost importance to us, and we understand your concern about sharing sensitive payment information. With Stripe’s state-of-the-art encryption and fraud detection technology, your data is kept safe and secure. You can trust that your information is in good hands throughout the entire payment process.
We are thrilled to offer this new feature to our valued customers. Automatic payments by Stripe will simplify your payment experience and help you stay organized. No more late fees or missed payments – just seamless, hassle-free transactions.
To take advantage of this convenient service, reach out to our support team today. They will be more than happy to assist you in setting up automatic payments through Stripe. We are committed to continuously improving our services to better meet your needs, and we thank you for your feedback that led us to this enhancement.
At Kreative Mojo Design, we strive to provide you with the best possible experience. With automatic payments by Stripe, we are confident that we are one step closer to achieving that goal.
Maintenance Cancellation
To cancel your maintenance services, please send an email to [email protected]. However, please note that cancelling maintenance does not entitle you to a refund of any prepaid or unused fees. Until you cancel maintenance, you will continue to be billed and held responsible for all payments and services.
Cancellation of maintenance does not entitle you to a refund of prepaid or unused fees. Maintenance may be reinstated at our discretion but at the current or updated price. Please note that maintenance cannot be activated only in the months when work is required.
If your website is hosted on our servers and you cancel maintenance, we will provide you with the website files. However, transferring the website to a new provider is your responsibility. All outstanding debts or invoices must be paid before we grant you access to or transfer the website files.
Early Termination of Website Project
If you terminate your website project early after it has started or fail to provide timely feedback and sign off as agreed, you will be liable for 100% of the final project cost outlined in your project proposal. While we will be as fair as possible, any reduction below 100% of the project cost will be at our discretion.
While we hope such a situation never arises, we want to clarify that we will take appropriate actions to recover any unpaid invoices, including suspending website services without notice or pursuing legal action.
Ownership and Intellectual Property
The intellectual property rights for all material on https://www.kreativemojodesign.com/ are owned by Kreative Mojo Design unless otherwise stated. All rights are reserved, and access to Kreative Mojo Design’s website and resources are subject to the restrictions outlined in these terms and conditions.
It is prohibited to republish, sell, rent, sub-license, reproduce, duplicate, copy, or redistribute any material from Kreative Mojo Design without prior approval. Moreover, you must obtain written permission before creating frames around our web pages that alter the visual presentation of our website. Any links to our website should not be interpreted as defamatory, obscene, or criminal and should not infringe upon or violate our rights.
We can request that any links to our website be removed and may amend these terms and conditions and our linking policy at any time. By continuing to use our services or accessing our website, you agree to comply with all terms and conditions.
Small Print
Please be aware that we cannot guarantee the flawless functionality of any web page templates or completed websites or be held liable for any damages or losses incurred by you or any third party due to any errors in their operation or inability to operate, including but not limited to lost profits or savings.
If any provision of this agreement is deemed unlawful, void, or unenforceable, it shall be deemed separate from this agreement. It shall not affect the validity and enforceability of any remaining provisions.
If any part of this agreement is found illegal, invalid, or unenforceable, that part will be separated from the rest of the agreement. It will not affect the validity or enforceability of the remaining provisions.
While the wording may be straightforward, this document is a legally binding agreement that falls under the jurisdiction of courts in the United States.
Updates
At Kreative Mojo Design, we strive to maintain transparency and fairness with our clients. As part of this commitment, we reserve the right to update our terms and conditions as needed. While most changes are likely small, we encourage you to review the most current version at any time on our website.
Once we post the updated text on our website, the revised terms of service will become effective immediately. You acknowledge and agree to be bound by the revised terms by continuing to use our services after such date. You are responsible for regularly reviewing the terms and conditions to ensure you are aware of any updates or changes. If you disagree with the revised terms, please discontinue using our services.
We value your business and appreciate your trust in Kreative Mojo Design. Please do not hesitate to contact us if you have any questions or concerns about our terms and conditions.
