Acceptance of Terms & Conditions
The Acceptance of these Terms & Conditions by the Client are required and legally binding in order to receive website design services from Detailing Templates. By paying any website design invoice, the Client acknowledges that they are entering into a legally-binding contract and that they have read, understand and agree to these Terms & Conditions.
Detailing Template Services:
Detailing Templates shall provide each Client with website design services which includes the website template of their choosing from our portfolio, template licensing, basic web design services to personalize each template with Client provided text and images and transferring the website files to the Clients web hosting server.
Limitations & Exclusions:
Detailing Templates does not offer Search Engine Optimization (SEO) services and does not guarantee that a Client website will attain any specific page ranking results.
Client agrees to pay Detailing Templates the total fees as agreed upon prior to the start of their project. Each client will receive an email which will contain a URL link to view their website design invoice and payment link to our payment processor, PayPal Inc.
Additional costs may be incurred if the Client requests changes that are beyond the initially agreed upon terms of their project. For more information, see Change to Project Scope.
Change to Project Scope:
Client request’s for changes after the start of their website design project may result in additional charges depending on the time and complexity of incorporating the changes. Any request for changes will be considered and the Client will receive a price quote for the new services for their approval or disapproval. Requests for changes to template design, layout, colors, and other core aspects of the template are not included in any design agreement.
Project Time Frame & Delays:
Website design projects can normally be completed by Detailing Templates in as little as one week; though we are dependent on the Client providing us with the text, images, and overall content for the website project within a timely manner. In order to maintain scheduling, website design projects will not exceed 30 days from initial Client payment date. If a website project exceeds 30 days due to the client not fulfilling their responsibilities in providing the website content to Detailing Templates, the website design project will be deemed terminated for due cause and the Client agrees that all Client rights will be voluntarily severed.
Client agrees that they are responsible for providing all relative content, i.e., text, images, materials, and other information for their website design project and any delay in providing this content to Detailing Templates will impact the overall ability of Detailing Templates to complete their project on time. On a case by case basis and if approved by Detailing Templates, we may extend the scheduled completion date if the Client provides us with notice of a pending delay.
Detailing Templates Delays:
Detailing Templates shall use all reasonable efforts to meet the delivery schedule and shall not be held responsible for delays that are beyond our control, such as Client delays in providing us with the content for their website projects.
Detailing Templates does not offer template exclusivity for any template design and retains the right to offer any template, feature or design element to other customers, regardless of location.
Single Use License:
Each website template purchased comes with a single use license assigned to the domain name listed on the client’s invoice. The client is NOT authorized to share, sell, give away or transfer the website files in part or in whole to another person, company or entity.
Client acknowledges and agrees that it is their responsibility for providing Detailing Templates with all content for their new website. Content includes text, images, company branding and logos, and other content necessary to complete their project.
Detailing Templates does not design corporate logos and though logos are not included in the scope or price of our website designs, on a case by case basis, we may offer to provide a client with a generic logo that will compliment their website until such time as the Client acquires a replacement corporate logo.
Detailing Templates does not offer website hosting, though we are happy to help Clients acquire new website hosting.
Technical Support Services:
Detailing Templates will provide to each client 30 days of technical support services following the completion and transfer of website project files to Clients host server at no additional cost to the Client. Technical support services means reasonable technical support and assistance to correct any errors or deficiencies in the website design or coding.
Requests for additional or supplemental support will be quoted and billed based on services requested. A one-hour minimum charge of $75 will apply for all service requests.
Term, Termination, Refunds
Term: A website design project term shall begin on the date the invoice is paid by the Client and will extend for a period of not more than 30 days.
Termination: Any project that exceeds 30 days from the initial invoice payment date due to the result of the Client not providing Detailing Templates with the requested content for their website will result in project termination. In the event the Client defaults to project termination, the Client will not be entitled to a refund of any kind. However, the Client will be entitled to all website files, regardless to their state of completeness. Detailing Templates will package all website project design files and will email them to the Client. Any Client who engages in harassment, threatens, coerces, or tries to intimidate Detailing Templates or their employees will have their design project terminated for just cause and will not be entitled to a refund.
Restarting Terminated Project: In the event a Client has defaulted into Project Termination due to exceeding the allotted 30 day website project time frame and wishes to restart the project, a $110.00 charge will apply.
Termination by Mutual Agreement: A website design project may be terminated by the mutual agreement of both parties.
Refunds: In the event of project termination due to the failure of the Client in fulfilling their responsibilities, Client failing to supply Detailing Templates with the website content and information within the allotted 30 day website project time frame, Client terminating project, buyer’s remorse, or by mutual agreement, Client shall forfeit any and all rights to a refund or claim of loss/damages. Client further agrees to waive any and all rights to seek or initiate a credit card chargeback with their credit card issuer or with PayPal Inc. if they violate any of our Terms and Conditions.
In the event of termination due to failure of Client in fulfilling their responsibilities, any and all deposits/down payments will be forfeited and no refund will be given or entitled. In addition, Client will not be entitled to any of the template project files due to their failure to pay for the website project in full and on time.
Negotiation: Detailing Templates and Client agree to attempt to resolve any dispute by negotiation between the parties.
Litigation: In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of North Carolina.
Attorney Fees: The prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by litigation.
Indemnification and Liability by Client: Client agrees to indemnify Detailing Templates and its owners from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action arising out of any breach of the Clients responsibilities or obligations under this Agreement.
Limitation of Liability: The services and the work product of detailing templates are sold “as is.” in all circumstances, the maximum liability of detailing templates, its directors, officers, employees, design agents and affiliates (“detailing templates parties”), to client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of detailing templates. In no event shall detailing templates be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by detailing templates, even if detailing templates has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
Stolen Template Files Limitations & Exclusions:
Limitations & Exclusions: Any person or entity who steals, conspires, directs or is found to be in possession of any template files belonging to Detailing Templates, in whole or partial, will be responsible for full payment of $475 to Detailing Templates for copyright theft. Upon payment, they will be allowed to keep and use the files they have previously stolen but will not be entitled to any services offered from Detailing Templates. They will be excluded from the standard Terms and Conditions Detailing Templates offers its normal clients and will only be afforded the right to keep and use the files they previously stole for a single use on one website URL only. They will have no right to sell or transfer the stolen website files in their possession to any other person or entity.
Modifications to this Agreement may be updated and it is the responsibility of the Client to review this Agreement on a frequent basis.
Rights or obligations under this Agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party.
This Agreement shall be governed by the laws of North Carolina.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law.
This Agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this Agreement.