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  • The Legal Mumbo-Jumbo

    Yeah, it's the not-so-fun part of running a business, but it's a necessary evil!
     

    All services provided by Boutique Graphics are subject to the following terms and conditions. These policies have been put into place to protect both the client and Boutique Graphics. If you do not agree with any element of these Terms of Service, please do not contact Boutique Graphics for a quote or for services or purchase any service through boutiquegraphics.com. By purchasing any service, you are agreeing to the Term of Service as expressed below whether or not you have read or signed them.

    Quotes & Contracts
    Quotes provided will be honored for 30 days. A new quote will then be provided upon request. An e-signature is given and accepted as a legally binding signature creating a legally binding contract between the client and Boutique Graphics.

    Authorization
    The client is engaging Boutique Graphics, a sole proprietor, as an independent contractor. The client hereby authorizes Boutique Graphics to access any hosting or domain account for the sole purpose of installing and updating the web product. The client also authorizes the hosting service to provide Boutique Graphics with complete access to the client's account and any other programs needed for this web design project as deemed necessary by the client/designer agreement.

    Hourly Rate/Revisions
    The client is allowed the number of revisions and concepts detailed on the page of their specific project. Additional revisions and work requested above what is included in the project/service will be subject to an hourly rate which must be paid in advance with a one hour minimum.

    Hourly rates start at $75.00 and if changed during the duration of a project, the client shall be subject to the new hourly rate at such time as it is changed.

    Development
    The design project will be developed using various commercial software products. While Boutique Graphics will make every effort to design a fully functional website, the warranty does not cover AOL, text-based browsers, mobile browsers, or any other special effects that Boutique Graphics may advise against. Any claims for defects, corrections, or glitches must be made within 14 days of the project being completed.

    Completion
    Boutique Graphics works hard to complete all projects in a timely manner. However, Boutique Graphics cannot guarantee deadlines as each project is unique and so is each client. Boutique Graphics will communicate with the client during the entire development of the project and provide them with status updates. If the client does not supply Boutique Graphics with requested text and/or graphic content for this web or graphic design project within seven (7) days from the date requested, this contract becomes void and any deposits/payments are forfeited. The client understands that if they do not respond to a request promptly, their project may be moved behind others and this may cause a delay in completion time. Any time an order is placed during a period in which Boutique Graphics is closed, orders will be processed and started upon reopening in the order in which they were received.

    Payment of Fees and Expenses
    Payment in full is due before work on any project is to begin. Payments may be made by credit/debit card or PayPal. For Custom eCommerce Websites and Custom Informational Websites, the payment may only be made by a Cashier's/Official Check from a banking institution. No design will begin until the signed contract and payment is received and cleared.

    Boutique Graphics accepts payment by credit card or debit card - Visa, MasterCard, American Express and Discover - as well as PayPal. In the case of card declination, the client is responsible for providing an alternate card, and work will not continue on their project until the payment has processed.

    Web Hosting and Domain Registration
    The client is responsible for purchasing and maintaining a web hosting account with one of the hosting companies approved by Boutique Graphics. Technical support questions regarding web hosting and domain-based email are to be directed to the client's web hosting company. 

    The client is responsible for purchasing and maintaining a domain name. Domain support questions are to be directed to the domain registrar.

    The client understands that if they fail to make timely payments for their web hosting and/or domain registration, this can cause their website to be inactivated and they must work with the company/ies to reactivate their website in this event, as Boutique Graphics is not affiliated in any way with the domain and hosting companies.

    Credit and Use of Products
    The Boutique Graphics copyright and credit information must remain on all of our products. We require that the text link back to boutiquegraphics.com remain in place and in working order. All preliminary proofs including graphics, layouts, etc, which are not selected by the client remain the full property of Boutique Graphics and may be used in future projects for other clients.

    Copyrights and Trademarks of other property
    Copying images, text or design layouts from other sites is not condoned by Boutique Graphics. Any text, images and products provided must be owned by the client. Under no circumstances will Boutique Graphics be held liable for content provided by a client on a client website. The client will be responsible for paying any and all legal expenses that are a result of lawsuit against Boutique Graphics for graphics, images and/or content which is provided by and used by the client.

    Copyright to Web Pages
    Copyright to the finished assembled work of HTML and/or CSS produced by Boutique Graphics is owned by Boutique Graphics. The copyright must remain intact and visible on the site. Under no circumstances shall a site be duplicated, sold or redistributed. The client may not alter or reuse the HTML and/or CSS coding that is provided to without the direct written consent of Boutique Graphics. The logo and graphic design copyright is transferred to the client upon completion of the site and any print design services requested.

    Support
    Boutique Graphics provides free template-related tech support by email for life to all website clients. Web hosting and domain support are provided by the client's web hosting company and/or domain registrar. Clients with web hosting/domain questions will be directed to the correct site to make their inquiry.

    Refunds and Cancellations

    Boutique Graphics does not provide refunds for web or graphic design services. This also includes any initial deposits or deposits paid for a waiting list. The client must submit termination of services to in writing. In the event of a cancellation of contract, any payments already received by Boutique Graphics are forfeited by the client and will not be refunded; any future payments scheduled will not be charged to the client; ownership of all artwork, layouts and development remain the property of Boutique Graphics and will not be transferred to the client. Money already paid is not refunded in any case whether or not any work has been done by Boutique Graphics.  It is the client's responsibility to be sure they want a service before entering into this contract. In the event that Boutique Graphics is unable to complete a client's project, due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to designer's illness or emergency, then Boutique Graphics will return any deposit or money paid, minus any earned payment for partial services rendered at current hourly or fixed rates calculated at designer's discretion, but will have no further liability with respect to the client.

    Chargebacks
    Boutique Graphics will not negotiate chargebacks with any person or company. A chargeback is not an acceptable means of attaining a refund. To request a chargeback on your credit card for a valid transaction is considered fraud. Fraudulent credit card chargebacks will be aggressively prosecuted and reported to all major credit bureaus as a delinquent collection account. Should a chargeback be filed against  Boutique Graphics, we will not hesitate to proceed with collection and legal action to recover funds. Additionally, opening a PayPal dispute for a refund will be handled in exactly the same way as a credit card chargeback.

    Correspondence
    Boutique Graphics provides customer service, tech support, and any other type of client communication exclusively by email. This allows both the client and Boutique Graphics to have a written record of correspondence throughout the project. If you do not agree to having all services handled by email, please do not purchase any services from Boutique Graphics. Work days are Monday-Friday weekly and  hours of operation may vary on these days.

    Non-Communication
    If Boutique Graphics is unable to receive a response or otherwise communicate with a client on a project for a duration of fourteen (14) days by email during the design and development process, the project will be canceled without prior notice and any monies paid will be forfeited to Boutique Graphics.

    Waiting List
    An initial, non-refundable deposit is required to hold the client's start date should a waiting list be in effect. The deposit is made by the client in good faith to hold space open on a work schedule and will not be refunded for any reason. In this case, the remaining balance will be due before the project begins.

    Acceptance
    Please note that by submitting your payment for services on boutiquegraphics.com through our cart system or via paypal.com, or by sending a direct payment via paypal.com, you are agreeing to all of the terms of service as written here whether you have read them or not. Your payment constitutes that you have entered a legally binding contract with Boutique Graphics and are bound by all Terms of Service on this page. Boutique Graphics reserves the right to change or update these terms at any time without prior notice.

    Privacy Policy
    Boutique Graphics does not share any information you provide to us to any parties (public or private). You will receive an emailed receipt for your transaction.

    Indemnity Agreement
    The client agrees to indemnify and hold harmless Boutique Graphics for claims of any nature whatsoever pertaining to payments and services provided. Additionally, this Indemnity Agreement includes claims relating to any software or other copyrightable materials furnished by the client, and from any and all copyright claims and/or any claim of theft of proprietary information. Agreement to this Contract nullifies the client's right to pursue litigation or criminal action against Boutique Graphics for any reason at any time. To pursue a refund of money paid to Boutique Graphics when bound by the terms of this Contract is considered fraud and will be aggressively reported and prosecuted. Boutique Graphics does not warrant that a web site will meet the client`s expectations of site traffic or resulting business. In no event will Boutique Graphics be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or web site.
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