Terms of Service
By using any services provided by SVigil Website Design you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Website Design Procedure, Privacy and Confidentiality Notice and any or all Agreements: "Client", "You", and "Your": The company or individual requesting the services of SVigil Website Design. "SVigil Website Design", "SVigil Design", "Myself" and "I": Sole designer and site owner.
General
SVigil Design will carry out work only where an agreement is provided in writing. SVigil Design will carry out work only for clients who are 18 years of age or above. An 'order' or 'project' is deemed to be a written contract between SVigil Design and the client in the form of a digital invoice that includes the clients name, contact info, invoice date, description of services ordered, cost of services, agreed date of project deadline, agreement to these terms of services that also requires the client's signature and date of signature.
The website, graphics and any programming code remain the property of SVigil Design until all outstanding accounts are paid in full.
A non-refundable deposit of 50% is required with all projects before any design work will be carried out. This does not include any deductions for promos. Deductions for promos will be subtracted from the final payment.
I may require the client to write out any requests and/or additions to a website in a clear comprehensible outline and send it via email before any work is carried out.
The client is responsible to backup all data upon receipt. While every effort will be made to ensure that the website and any scripts are free of errors, SVigil Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
SVigil Design will set up an autoresponder for your website as long as it is compliant with the CAN-SPAM Act.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by SVigil Design remain the copyright of SVigil Design and may only be commercially reproduced or resold with the permission of SVigil Design.
SVigil Design cannot take responsibility for any copyright infringements caused by materials submitted by the client. SVigil Design reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
A small sign stating "Website Design by SVigil" or logo may be added at the bottom of every web page created (programmed or designed) by SVigil Design. The client may request to remove the sign for an additional fee of 5% of the total price of the services provided to the client in relation to the web page.
The client agrees to make available as soon as is reasonably possible to SVigil Design all materials required to complete the site to the agreed standard and within a deadline agreed upon between the client and myself.
SVigil Design will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
SVigil Design will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents, unavailability of the site, its servers, software or any material provided by its agents, or the failure of the client to meet agreed deadlines.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds will be offered. SVigil Design does not charge monthly fees.
SVigil Design reserves the right to refuse to handle in any way, material, which may be deemed offensive, illegal, or in any way controversial.
All payments are final. It is SVigil Design policy that no refunds will be made.
Website Design Procedure
The following is the website design procedure or list of actions I take when approaching a new website project:
1. I'll discuss with you all aspects of the your new website in order to assess how long it will take me to complete. My website design service prices are based on a rate of $50/hour. I may require you to write your full website description down in a clear outline and send it to me via email.
2. We will then agree on a deadline for completion. A non-refundable deposit of 50% is required with all projects before any design work will be carried out. You will be sent an invoice which needs to be signed and dated.
3. Upon receiving the deposit I will set up your hosting and domain name at no additional charge.
4. Email me all the materials required to complete the site. Then I will send you a Photoshop proof of how your website will look based on your description and materials provided.
5. Upon approval of the proof, I will start the building and construction of your website and make it live.
6. In the final step, you inform me of any adjustments that need to be made. If no adjustments are necessary and you approve the website as is, I will send you an invoice with the date of completion and amount due that is to be paid no later than ten (10) days unless by prior arrangement with SVigil Design.
Compatibility
SVigil Design will make an effort to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed from common major website browser including Firefox, Safari, Opera and later versions of Internet Explorer as well handheld mobile devices such as iPhone, iPod and iPad. SVigil Design can offer no guarantees of correct function with all other less-commonly used and/or outdated browser software.
While every care has been taken to ensure your website is problem free and functional, the ultimate responsibility lies with the client in ensuring that the website is functioning correctly before use.
Website Hosting and Domain Registration
Domain name registration and the hosting account will be set up under the clients provided name and respective information. Either the client or myself may set this up. If I set it up for the client, I do so at no additional charge.
SVigil Design may offer 6 months free hosting promotion to its clients. The 6-month period is calculated from the date the project is started. In order to redeem the six (6) months of free hosting promotion the client or myself must set up a new hosting account with a hosting company recommended by SVigil Design.
The client is aware that the domain name provider and the hosting provider are third party companies that are not part of SVigil Design. The client is subject to the terms of service provided by the these third party companies that SVigil Design has no control over and will not be held responsible for the any breach of contract or fees owed by the client to these companies. No guarantees can be made as to the availability or interruption of this service since every hosting company has down time. SVigil Design cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
The client is responsible to pay for domain registration and hosting. If the client receives the six (6) months free hosting promotion then the cost of the first six (6) months of hosting will be deducted from the total amount owed to SVigil Design by the client.
I may require access to your domain name and hosting username and password for setup purposes only. It's at the discretion of the client to later change passwords and usernames after the project has been completed and all files are in the client's possession. While under my possession, I will keep all usernames and passwords confidential.
Website Consultation
Website consultation over the phone or in person is additional standard rate of $50/hr. This includes driving time to the meeting place if an appointment is made.
Website Maintenance
One year of free maintenance is provided under the condition that the client doesn't abuse this offer and will be carried out at the discretion of SVigil Design. Abuse of this offer includes, but is not limited to, requesting a new layout design, requesting an addition, edit, or extraction of content in a completed website project that would demand more that two (2) hours a week to finish.
After one year has passed regular rates of $50/hour apply to any website maintenance provided by SVigil Design.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the SVigil Design policy that any outstanding accounts for work carried out by SVigil Design are required to be paid in full, no later than ten (10) days from the date of completion/invoice date unless by prior arrangement with SVigil Design.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. I will contact clients via email and telephone to remind them of such payments if they are not received when due.
If after ten (10) days from the date of completion/invoice date accounts are not settled and/or SVigil Design have not been contacted regarding the delay, access to the related website may be denied and web pages removed, I may then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (ccj's) being added to the clients credit rating.
Following consistent non payment of an invoice I will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Accepted forms of payment are cash, check and PayPal. If check is provided, I will allow sufficient time for the check to clear before starting a website project.
About Credit Cards Data Processing
Please keep in mind that for security reasons, SVigil Design always prevents unauthorized access, maintains data accuracy, and ensures the correct use of information, through appropriate physical, electronic, and managerial procedures to safeguard and secure the information it collects online and offline.
With permission from the client, I will use the provided credit card to purchase only hosting and/or domain name.
I do not keep any credit card information on file.
Your Privacy and Confidentiality Notice
I do not share or sell any of your details with third party companies, without your permission and I will only email you or contact you about work related matters.
Your privacy is important to me. To better protect your privacy we provide this notice explaining our information practices and the choices you can make about the way your information is collected and used.
The information I collect
This notice applies to all information collected or submitted on the SVigil Design website or via phone or email. The types of information collected are personal, billing and project related. We might also collect information from you regarding third parties in relation to you (i.e. hosting company etc...).
The way I use information
I use the information you provide about yourself to provide services. I do not share this information with outside parties except to the extent necessary to complete your request for our services.
I use return email addresses to answer the email I receive for tech support, customer service, and updates. Such addresses are not used for any other purpose and are not shared with outside parties.
Finally, I never use or share the personally identifiable information provided to us online, via phone, or in person, in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
My commitment to data security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, I have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information I collect online and offline.
With permission from the client, I will use the provided credit card to purchase only hosting and/or domain name.
I do not keep any credit card information on file.
Complaints Procedure
Anyone who experiences a problem with their web service provided by SVigil Design should raise the matter directly with myself via telephone or email, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint.
SVigil Design will approach the material in question with a view to resolving the matter to the satisfaction of the complainant.
Terms of Service, hourly rate, and other prices are subject to change without notice.