Terms & Conditions Policy
Payment & Expenses:
Client agrees to pay a 50% deposit non-refundable before the project begins to reserve their design inquiry and insurance of starting the project. Services $45 and under must be paid in full before starting the project. All balances must be paid upon approval of final design, and before final files are delivered, and launch of website. Any additional concepts or work done beyond the original scope will be billed in the final invoice. Tierra Nelson Designs+, LLC (TN Designs), reserves the right to suspend work and withhold delivering of any project documents until past due balances are paid.
Copyright & Credit:
TN Designs holds copyright of all work created during project until final payment has been made and final files have been delivered, whereafter the client will then posses copyrights. TN Designs will create original work for the client, free of plagiarism.
Tierra Nelson Designs+, LLC, reserves the right to use photographs, screenshots, or actual files of the work created, for promotional purposes (such as social media promotion or website design). The client may request that posting of material happens after public project launch. Publicity and promotion material of project should be given credit to TN Designs when project is made public.
For websites, our TN Designs link should remain within your footer, the text must be visible for viewers to see and read clearly. Our link should not be removed unless our work is no longer showcased on your website. Should it be discovered that our link is no longer present, but our work still is - you will be charged a $300 credit removal fee. If fee is not paid legal actions will follow suit. TN Design credentials is not required to be showcased on business cards, branding material, logos, graphics, labels, or other printed materials, only for website creations.
Client will provide all information and materials before project start (through email). Any material given to TN Designs from client not in a timely fashion (1 week after deposit is paid) will result in a delay of project completion and potential delay of completion by deadline. Client will approve and proofread all final designs, and/or test sites. Client assumes all responsibility for content. TN Designs is not responsible for any misspelling of content or absent information that was not included in the email or documents. (Please ensure to proofread all material that is sent over before project starts to ensure that there will be no misinterpretation on project.) When proofs are sent to the client, the client is expected to careful look for misspelling or missing information. The client is allowed three revisions (proofs) before the final design is sent over. After the final proof is sent, if the client would like to make additional changes, they will be charged a fee of $25 (for 2 hours of revision), and an additional $10 for every hour spent on the design after 2 hours.
Client will solely communicate with TN Designs through email for all project needs. The only exception to this is when the designer has agreed upon, and scheduled a phone call with client (client is still responsible for emailing desired content changes per communication protocol).
If client has started a project and ceases communication with designer for at least a month, the project will be cancelled and the non-refundable deposit will be retained (see cancellation policy).
Tierra Nelson Designs+, LLC acknowledges that they may have access to information which relates to the clients' products, marketing strategy, and other information. TN Designs agrees to protect the confidentiality of clients' information. All communication between the client and designer is strictly confidential, both parties agree that anything discussed between the two (ideas, visions, email addresses, photos, financial information, login information, etc) will not be released to anyone.
In addition, for websites, the client agrees that they will not share the test site with anyone who is not on their team (If it is a team project, members will be identified at the beginning of the project and included in all communication). Sharing information provided on the test site is in violation of the terms and conditions of Tierra Nelson Designs+, LLC.
Revisions & Alterations:
The client will be given three revisions (proofs) before the final design is sent over. After the final proof is sent, if the client would like to make additional changes, they will be charged a fee of $25 (for 2 hours of revision), and an additional $10 for every hour spent on the design after 2 hours. Additional revisions may result in a delayed completion date.
In addition, for websites, the client agrees that they will not alter the structure of any test sites that Tierra Nelson Designs+, LLC is currently working on. This will disrupt the design process and ruin the integrity of the website. If client wishes to have any changes made to the site, they will communicate this to TN Designs during the revisions stage. If client alters structure without an agreement from Tierra Nelson Designs+, LLC, this will result in an immediate cancellation of service.
Both parties understand that client or designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. If client has started project and ceased communication with TN Designs, for a minimum of a month, the project and contract will be cancelled. If the project is terminated before service has been fully fulfilled, TN Designs will retain the non-refundable deposit and has the right to retain any work in progress that was not paid for (i.e. websites, business cards, flyers, etc.) as well as, the monetary amount for creative and intellectual work that has been drafted/started. Tierra Nelson Designs+, LLC, reserves the right to keep the full payment amount after final proof/design has been sent.
To restart a terminated project, client will be required to resubmit project inquiry, as well as, an additional deposit retainer.
LIMITATION OF LIABILITY:
Illness, injury, or other events beyond Tierra Nelson Designs+, LLC control, such as, fire, theft, computer failure, and Acts of God may result in a delay of project completion. Client agrees that they shall not hold Tierra Nelson Designs+, LLC liable for any incidental or consequential damages that arise from the designer's failure to perform any aspect of the project in a timely manner.
DELAYED PAYMENT + INFORMATION:
Clients will not receive any refund for delayed projects. If a client pays the deposit to start the project, but fails to communicate project information in a timely manner (a week after deposit is received, including weekends), client's project will be cancelled and a fee will be applied to restart the project (an additional deposit).
Web design projects will not be booked or started without photography (photos should be of high quality and taken by a professional photographer or purchased stock photos. If client has photos but they are not professional, they will be reviewed by Tierra Nelson Designs+, LLC to see if they are in good quality for site content.). Failure to provide photography when booking a web design service will void your project. Photography must be prepared PRIOR to booking your web design services.
The above, Terms and Conditions Policy, will act as a legal contract between Tierra Nelson Designs+, LLC (TN Designs) and the Client. The 50% non-refundable deposit will act as the clients' signature, binding them into the contract.