By purchasing any services from Brite Designs, you agree to the Terms of Service stated below.
1. Independent Contractor
Brite Designs is an independent contractor and not an employee, partner or otherwise affiliated with the Client. Brite Designs will provide book cover, graphics, and/or web design services at the Client’s direction, but Brite Designs retains the right to decide the means and manner in which the services are accomplished.
The email received after the Client’s initial inquiry will include a Proposal. The Proposal is effective from the date of communication through the “expiration date” found on the Proposal. If Brite Designs receives communication from the Client after the expiration date, another proposal may be drafted and emailed to the Client for approval. Once approved, the Proposal Acceptance will serve as a binding agreement between the Client and Brite Designs in conjunction with the Proposal and these Terms of Service. Pricing and terms of each Proposal are subject to change at any time after the expiration date.
3. Concepts & Revisions
Brite Designs will provide the Client up to 3 revisions based on one initial concept for the project. Once the Client has indicated a preference, that design or revision will be used for the final version. Once the maximum amount of revisions has been reached, no further revisions will take place unless the client agrees to pay an additional fee per revision. Additional revisions may extend or delay the completion date or deadline at no fault of Brite Designs.
4. Client Responsibilities & Completion
a. Brite Designs wants you to be happy with the design. To that end, it is very important that you take the time to research and think about what you want your design to look like before we begin and clearly communicate your ideas to Brite Designs.
b. Brite Designs’ preferred method of communication is via email or correspondence within Trello for all projects. Brite Designs does not accept questions or troubleshooting inquiries for current or past projects made via Social Media. Brite Designs does accept testimonials via email and/or via the contact form on the Brite Designs website.
c. It is the Client’s responsibility to return all correspondence with detailed, constructive feedback within 5 business days to keep the project moving forward smoothly. In the event that there is no response within 5 business days, Brite Designs reserves the right to bill the Client for any additional fees incurred and/or delay the delivery/launch date. Additionally, if there is no response within 15 business days, Brite Designs reserves the right to terminate the agreement and bill any unpaid balances, if any, at that point. Payments made towards the project(s) as described in the Proposal will be used as a kill fee in order to compensate the time and expenses of Brite Designs in the event that the agreement is terminated.
d. The Client is responsible for the creation of all text content. Content must be supplied to Brite Designs on a timely basis to avoid delay of the completion date or deadline.
e. Project completion dates vary based on response times to correspondence and the type of project being created. Brite Designs maintains a design schedule based on available hours and current workload. All requested information must be returned before any work will begin on a project. In general, the initial design process is the most lengthy, potentially taking up to 10 business days for initial concepts to be delivered. Please allow up to 5 to 7 business days for revisions to be made and returned to you. For rush/weekend/holiday services, please inform Brite Designs of the extent of the project as well as the rush completion date and expect to pay a premium for all rush services. For websites, it is the Client’s responsibility to back up a copy of the original template and widgets or plugins.
f. Once final designs have been released, distributed, reviewed and signed off by the Client, Brite Designs will not be held responsible for any errors once a project has been sent to print, published, distributed, or displayed in any way. The Client will be responsible for any costs to remedy an error in any manner at no fault of Brite Designs.
g. Once a project has begun and you have acknowledged either by digital signature, visiting the Brite Designs website and/or responding to a communication or on Trello that you have read, understand, and agreed to the Terms of Service, you will be held to all standards set forth as well as any and all legal fees necessary to resolve any dispute that may arise at no fault of Brite Designs.
5. Website Testing & Installation
a. Brite Designs uses and tests in the latest versions of these browsers: Chrome, Firefox, Safari on a Mac. Site designs will display correctly in the most current versions of Safari, Mozilla Firefox, Google Chrome as of the installation date. Brite Designs does not guarantee that a design will render or display exactly the same on the aforementioned internet browsers across all operating systems. Brite Designs cannot guarantee the Client’s design will display properly on Internet Explorer or any outdated or future versions of any of the web browsers. Brite Designs highly suggests that the Client download the most updated version of a modern internet browser and view all revisions or test sites on a computer monitor, not a mobile device. Please note: All templates used are intended to be responsive for mobile devices.
b. Brite Designs will ask the Client for approval of the test site before installation and at that point there will be no more revisions made to the design during or after installation.
c. The Client’s site will be ‘under construction’ for several hours while Brite Designs installs the new design. Brite Designs and the Client can decide together what will be the best time for installation. On occasion, certain existing widgets or plugins will not work with the new design. Brite Designs cannot be held liable for any loss or damage to the Client’s site or website content during the installation of the design, or any time after installation.
d. Once the Client has signed off on a project, Brite Designs will consider the project to be complete and in full working order. If the Client does not respond or complete the sign-off agreement within 10 business days of the request or last communication, Brite Designs will consider the project to be in full working order and complete, at no fault of Brite Designs.
e. Any changes or revisions requested and made after project completion and sign-off will be billed at Brite Designs’ current hourly rate for maintenance.
6. Payment & Refunds
Brite Designs accepts payments via PayPal.
a. All payments must clear before work can begin.
b. A 50% deposit is required to secure the Client’s place in the design queue with full payment due before final delivery. Any additional costs not specified in the initial proposal will be billed prior to installation.
c. Brite Designs will refund a deposit, minus a 10% cancellation fee, if the Client cancels prior to the project start date.
d. Once work has begun, any amount paid will be used as a kill fee to cover the time and work that has been put into a project in the event the Client wishes to terminate the project.
e. If full payment is not received within 5 business days of the initial invoice date, the Client will be removed from the design queue and the project will need to be rescheduled based on Brite Designs’ current schedule. Final files will be sent only after full payment has been received. Brite Designs reserves the right to hold all projects until payment has cleared.
f. In the event that Brite Designs is working at an hourly rate, the rate will be billed in 30 minute increments with a 15 minute minimum and described as such on the invoice. All hourly work is tracked by an online time tracking tool.
g. In the event that a PayPal dispute is filed against Brite Designs or payment is overdue, Brite Designs reserves the right to revoke all Client rights to the deliverables discussed in the Proposal and they will remain the property of Brite Designs until the dispute is resolved. In addition, Brite Designs reserves the right to hold all deliverables until full payment is received.
7. Additional Costs
Additional costs may include, but are not limited to: additional revisions above and beyond what was included in the Proposal, custom coding, installation of additional plugins, hosting fees, domain name registration, fonts, photographers, custom illustrations, digital scrapbook kits, stock photos, and/or any other graphic, item, or coding not specifically listed in the Proposal.
The completed services are provided “as is” once the service has been paid in full and all assets have been delivered. In no event shall Brite Designs be liable for any damages arising from the use or inability to use the materials and services provided by Brite Designs, even if Brite Designs or an authorized representative has been notified orally or in writing of the occurrence or possibility of such damage. Brite Designs makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties.
a. Brite Designs respects the privacy of your personal & confidential information. All payment information, personally identifying information or passwords given to Brite Designs in any form are kept confidential at all times.
b. The Client agrees to provide Brite Designs with access or username and password to any hosting, domain account, and site account for installing and updating the project as needed. This information will be used for the purpose of completing your project.
c. At no time will any information from past or present clients of Brite Designs, including email subscription lists, be shared or sold for any reason.
d. In the event that any of Brite Designs’ accounts or physical property is hacked or stolen, the Client will be notified as soon as possible. The Client agrees to not hold Brite Designs responsible for loss of information. In addition, any dispute filed against Brite Designs by the Client as a result of a privacy issue will be held to all standards set forth in these Terms & Conditions and the Proposal, as well as any and all legal fees necessitated to resolve any dispute that may arise.
a. Should a project be terminated or until full payment is made, Brite Designs will retain the Copyright to any and all work completed for the project.
b. Brite Designs retains the right to reproduce, publish and display all work created for the Client in Brite Designs’ portfolios, websites, galleries, periodicals, exhibits, etc. for the purposes of recognition of creative excellence or professional advancement.
c. The purchase of a “logo design” allows the Client rights to use the design as a “logo” on all types of marketing materials for any and all branding purposes. Any design not specifically purchased as a “logo design” may not be utilized for branding purposes other than the use for which it was initially designed without the express written permission of Brite Designs.
d. All images used on the Client’s site remain copyrighted to Brite Designs unless they were purchased and/or provided by the Client. All images copyrighted to Brite Designs are to be used only for their intended purposes and may not be copied and used elsewhere on the Internet or in print. The Client does not have permission to give away, sell, print, or change these images without prior written approval from Brite Designs.
Brite Designs provides limited support via email after project completion for a period of 14 days, dependent upon the type of service provided. Support applies only to the functionality of a website or website design and does not include or apply to: additional graphics or a change to any graphics, content changes or additions, additional coding, etc. Design changes and/or website maintenance is not included and will be billed at Brite Designs’ hourly rate.
a. For websites, Brite Designs will install a copyright bar located at the footer of your site. These credits are not to be removed or changed in any way. If you would like them removed, please be prepared to pay a release fee.
b. For book covers, Brite Designs will provide credit information to be included on the copyright page. When appropriate, Brite Designs will also add a small logo to the back cover for print designs.
c. For graphics, Brite Designs will add a small logo only when appropriate.
d. The Client is welcome and encouraged to credit Brite Designs when sharing the designs with others. Word of mouth advertising is our favorite!
13. Website Hosting
Brite Designs recommends Bluehost for all web hosting purposes. If the Client has another hosting company, please contact Brite Designs first to see if we can work with that host before accepting the Proposal Agreement.
a. Brite Designs will only use commercial use fonts, purchased fonts, or open source fonts such as Google Web Fonts in the images created.
b. Clients may be offered both free and paid fonts to choose from for type purposes on their site. Chosen webfont licenses will be purchased at the client’s expense and added to the final bill. Clients who request a specific font that requires a commercial license must purchase the font and webfont license at their expense and provide it to Brite Designs for use in the project.
Should stock images be used in the project, they will be purchased with the Client’s consent and added to the final bill.
a. For website designs, the Client will be able to fully customize the sidebar widgets and pages once Brite Designs is finished with installation. The Client is responsible for sidebar content unless otherwise specified in the Proposal.
b. The Client may not alter or change the design in any way without written permission from Brite Designs, as it is a reflection of the work of Brite Designs. Please notify Brite Designs if you are going to remove the design so that our portfolio and links can be adjusted.
Proposals do not include fees that may be incurred to have the project printed after final file delivery. Brite Designs recommends Moo and Display Chilla for your printing needs. Please get a printed proof before confirming your order.
These Terms of Service are subject to change at any time without notice, at Brite Designs’ discretion. If you have any questions about these terms please contact us.