Terms of Use
Updated September 2023
Welcome to www.sarahdaviesdesign.com, as operated by Sarah Davies Design, LLC. All Rights Reserved.
Sarah Davies Design, LLC (hereafter SDD) will only commence work once an order has been placed by either phone, email or in writing. An ‘order’ is deemed to be a written contract between Sarah Davies Design and the Client including telephone and email agreement. Invoices will be generated and issued electronically and sent by email to the Client. Our preferred method of payment is check. The details of our account will be included on all invoices.
SDD accepts no legal liability for loss or damage caused by any work carried out by SDD.
All quotations are valid for a period of 30 days only.
These Terms and Conditions supersede all previous agreements or understandings. Acceptance and or payment of a quotation, estimate or invoice constitutes agreement and full acceptance of these Terms and Conditions. The most up-to-date version of these Terms and Conditions will always be available on this website.
At Sarah Davies Design, LLC I reserve the right to terminate a project if:
If any of these circumstances arise the deposit will be non refundable.
SDD warrants and represents that, to the best of her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the product that may infringe on the rights of others. Client expressly agrees that it will hold SDD harmless for all liability caused by the client’s use of the product to the extent such use infringes on the rights of other.
SDD uses Apple computers and appropriate Mac-compatible software. Projects are authored to produce an end product and Sarah Davies Design does not guarantee that the software will be compatible with Windows PC computers or different editions of Macintosh software. If software compatibility is integral to the project, it is the client’s responsibility to let SDD know before the onset of the project so that additional considerations can be taken.
SDD cannot be held responsible for issues relating to software bugs in supplied open source of paid-for software solutions. While SDD will attempt to find solutions for such issues, this cannot be guaranteed and may be chargeable if significant time is required to provide the solution. Similarly SDD cannot be held responsible for issues relating to software upgrades, plugins, modules or any other additional software packages requested by the client. Issues relating to email, including lost emails, cannot be considered the responsibility of SDD. Clients must create local copies of emails that they consider top be commercially important or sensitive. If clients exceed any agreed or set quotas and lose data, it is their responsibility.
While every measure will be made to ensure compatibility with a wide range of web browsing software we can offer no guarantees of correct function with all browser software and cannot accept responsibility for loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to a third parties inability to access the Website due to browser incompatibility. We do not support Internet Explorer 6 and if the client expressly requires compatibility with this browser it must be stipulated before acceptance of any quote and any extra cost incurred in supporting this browser must be agreed before the project begins. We will test for and guarantee compatibility of any website we create with the most recent version of Mozilla Firefox, Safari, and Google Chrome. Compatibility with mobile devices and iPad/tablet devices is not guaranteed, unless explicitly requested and included in the quotation. If it is required it must be stipulated before acceptance of any quote and any extra cost incurred in supporting specified mobile devices must be agreed before the project begins.
Design work will be provided to the client for approval and ‘sign-off’. As will details of required pages and functionality. The creation of the website code and functionality will only begin after client sign-off for these elements. Any significant changes to the design or website structure and functionality will be subject to an additional charge, to be agreed with the client at this point. No further work will be conducted until the client has agreed the extra cost and scope of work.
SDD is not responsible for writing client copy or providing images. We can provide web copy and source suitable images, but this will be at additional cost, to be agreed with the client before any such work will be undertaken.
SDD reserves the right to refuse to handle in any way, material which may be deemed obscene or pornographic, contains abusive or offensive language, anything that may be construed as threatening or defamatory or any material to which the Client has no rights. The client must guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that they provide us for inclusion in the web site are either owned by the client or that they have permission to use them.
SDD will make every effort to ensure that the Website and any scripts or programs are error-free, but SDD cannot accept liability for any losses incurred due to failure or malfunction of the Website or any part of it.
Any code written by SDD remains the copyright of SDD (unless prior agreement is made and may only be reproduced or reused commercially with the permission of BGDC.
SDD accepts no responsibility for copyright infringements caused by materials used and submitted to us by the Client. SDD reserve the right to refuse any material that it believes to contravene copyright laws unless proof is given that permission has been granted to use the material. It is the responsibility of the client to provide all agreed materials as agreed verbally or in writing. Any significant delays caused due to the failure of the client to provide agreed materials may be chargeable. It is not the responsibility of BGDC to create copy, images or other materials for the client unless explicitly agreed in the quotation or subsequent communication. Supplied materials should be in agreed format – if extra time required to crop/optimize images this will be chargeable (at agreed hourly rate for extra work) unless this is expressly outlined in the original quote. If SDD has to source image, design, logo or icon materials for the creation of a client website, the cost of the materials is chargeable at the cost incurred, unless the cost of the materials is explicitly outlined in any quotation or invoice.
SDD cannot be held responsible for the loss of email data or website functionality during transfer of domain name (however long it takes) or changes to the nameservers or any other domain-related record and as such cannot accept liability for any economic losses (including revenues and profits), loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to the loss of website functionality, loss of email data or their inability to access the email data.
In the event that a client requires the ownership of their domain name to be changed to a third party, this will generally require a fee to cover administration and must be paid before the transfer is initiated.
SDD will not be liable for costs incurred; compensation or loss of earnings due to the failure to meet agreed deadlines, but every effort will be made to ensure all agreed deadlines are met and every effort will be made to inform the Client if a deadline will be missed.
The client must provide feedback on work and provide details of issues, omissions or bugs within 10 working days of feedback requests or they will be deemed to have accepted the work and any monies owing will become immediately payable. After initial feedback any subsequent comments must relate to changes made in response to the initial feedback and must be made within 5 working days of notification of changes made.
SDD reserve the right to require a first payment or ‘deposit’ of between 30% and 50% of the agreed total costs before any work will be carried out. Once designed, a draft version of a Website(s) will be made live for testing and commenting by the Client. Once this basic design has been agreed to be suitable via email or in writing, any changes to the layout or general design may be chargeable.
For work of value less than $500 SDD reserves the right to invoice for full payment, and receive full payment of said invoice, before any work commences.
When work on the Website(s) has been completed the final balance of payment is then due in accordance with the terms of payment, stated on the initial estimate and/or each invoice. Upon completion, if the Client decides they no longer want the Website, or wish to make changes to the website, they are still obliged to pay for all work that has been done. i.e. if the site has been completed, all monies are now due for payment with no exception.
All accounts are payable within 15 days (unless other prior arrangement has been made) meaning that all money due to SDD must be paid within 15 days of completion of work and date of issue of the final invoice. Accounts still outstanding 30 days after invoice will be considered ‘in default’ and any client information or services may be suspended. Clients with accounts that are ‘in default’ agree to pay all reasonable costs and expenses, including legal fees in enforcing these Terms and Conditions.
Once a first payment or ‘deposit’ has been paid and work begins, the client is obliged to pay the balance of payment in full, even if the client decides to cancel the project for whatever reason. SDD will contact clients via email and telephone to remind them of such payments if they are not received when due. If a due payment becomes more than 30 days overdue, SDD reserves the right to request payment in full for the project at that point. Further work will not be conducted until such payment has been received. If a client persistently fails to provide access to their hosting or domain, such that SDD cannot complete scheduled and agreed work, the client will be deemed to have broken their agreement with SDD and all money owed will be immediately due.
All website code, graphics, illustrations, and project deliverables will remain the property of SDD until all accounts are paid in full. If the client does not respond to email or phone messages requesting agreed content or sing-off, for a period of two weeks or more, SDD reserve the right to issue a final warning to the client that if they do not then respond within three days of the final warning, the project will be paused at that point and the client will be invoiced in full for work completed up to that point.
In the event that the client fails to respond to communication for a period of 30 days or more, SDD reserve the right to’ archive’ the project and immediately invoice for all completed work and materials. At this point the project will on-hold until the scope of work and cost for completion of the project is agreed and any deposit required is paid.
If projects warrant an extremely accelerated timeline, a rush fee may be applied to the hourly rate. SDD will inform the client if this fee is applicable.
The client shall be responsible for making additional payments for any changes requested by the client that fall outside of the scope of the original assignment. However, no additional payments shall be made for changes required to conform to the original assignment. In the event the client wishes to make changes, he will allow SDD the first opportunity to make those changes.
All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of Sarah Davies Design. The final artwork/digital files will become the property of the client mentioned in this proposal ONLY upon final payment of the project.
It cannot be stressed enough that if final payment is NOT received as agreed and set out in the initial proposal, all designs and concepts will remain the property of Sarah Davies Design until payment is received. If there are issues with the final payment, Sarah Davies Design then reserves the right to reuse or amend any of these ideas for other clients or to be used freely as concepts in my portfolio.
Should the client attempt to use/modify/alter/replicate or steal any of my ideas without making agreed final payment, Sarah Davies (Sarah Davies Design) will take immediate legal counsel.
Sarah Davies Design reserves the right to show any artwork, ideas, sketches created for this project in a portfolio as examples of client work. This can be during the project and also on completion. If you have any specific secrecy requirements, please mention this before agreeing to the proposal.
Final payment ensures that ONLY the agreed design becomes the clients property. Any previous ideas/ concepts remain the property of Sarah Davies Design unless any prior agreement has been made.
Sarah Davies (Sarah Davies Design) reserves the right to suspend any project if a client: interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique logo ideas/concepts and/or shows reluctance in paying the final payment.
Client purchases non-exclusive rights to publish the commissioned illustration for a one-time specific use such as t-shirts or tote bags. Any uses beyond those initially agreed-to are considered separate transactions (normally priced at a percentage of the initial cost for the illustration).
Sarah Davies Design retains copyright to the art in one-time-usage commissions.
All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of Sarah Davies Design.
The client pays a fee which allows (non-exclusive) use of an illustration for multiple applications for a pre-determined fee, with no additional income to the designer. In this arrangement, Sarah Davies Design retains the copyright to the work (however, the client can purchase the copyright to the art in this scenario if desired).
All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of Sarah Davies Design.
