All services provided by iELEMENT5 are subject to the following terms and conditions. By purchasing Custom work, you are agreeing to these conditions:
All Sales are Final. Due to the digital nature of this business, no refunds will be given. There are no exchanges or refunds for any reason, before or after products/services have been delivered/templates customized and installed.
You cannot remove my link and claim my work as your own.
I always work on projects in the order in which they are received. If you need your work done urgently, please contact me to discuss.
The client is engaging iELEMENT5 as an independent contractor for the specific purpose of designing and/or improving a website, to be published on the client’s account on an Internet Service Provider (ISP), or “hosting service”. The client hereby authorizes iELEMENT5 to access this account, and authorizes the hosting service to provide iELEMENT5, with full access to the client’s account, and any other programs needed for this web design project that are included as part of the client’s service agreement. The client also authorizes iELEMENT5 to submit the completed web design project to major web search engines.
Your web design project will be developed using various commercial/open source software products and proofed by hand. While iELEMENT5 will make reasonable efforts to design a fully functional website, iELEMENT5 warranty does not cover AOL, Internet Explorer 6 (notorious for display issues), text-based browsers or requested special effects that I have advise you against.
3. Copyrights and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to iELEMENT5 for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend iELEMENT5 from any claim or suit arising from the use of such elements.
4. Credit and Link Back
All website designs by iELEMENT5 require a text link back to iELEMENT5 unless other agreements have been made to remove the link at a charge of $40.00
50% of the total project cost is due at the start of the project, with the remaining 50% balance due upon acceptance of the design/layout but BEFORE installation.
6. Project Delivery
The final website design project will be published to the client’s hosting service upon receipt of full payment. The client understands that hosting services are not included with the web design project. Further, the client will be solely responsible for any and all hosting service charges. Clients wishing to be on my iELEMENT5 server must discuss before project begins.
7. Electronic Commerce Laws
The client agrees that the client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the web design project and will hold harmless, protect, and defend iELEMENT5 from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the client’s exercise of Internet electronic commerce.
8. Legal Notice
Notwithstanding anything to the contrary contained in this contract, iELEMENT5 cannot warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will iELEMENT5 be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor’s computer or internet software.
iELEMENT5 will not negotiate charge backs with any person or company. Charge backs are NEVER acceptable means of attaining a refund. To request a charge back on your credit card for a valid transaction is considered fraud. Fraudulent credit card charge backs will be aggressively prosecuted and reported to all major credit bureaus as a delinquent collection account. Should a charge back be filed against iELEMENT5, I will not hesitate to proceed with collection and legal action to recover funds.
If iELEMENT5 is unable to communicate with a client on a custom design project for a duration of fourteen (14) days by email during the design and development process, the project will be cancelled without prior notice and any monies paid will be forfeited to iELEMENT5. It is the responsibility of the client to provide iELEMENT5 with all necessary information, and iELEMENT5 cannot be expected to chase any outstanding information.
Please note that by submitting your payment for my services you are agreeing to all of the terms of service as written here. iELEMENT5 reserves the right to change or update these terms at any time without prior notice.
12. Website Tweaking after completion
Should you feel that you really need some changes or tweaking to the design layout, colors or fonts, after installation, please expect to incur a fee at a rate of $30.00/hour for the modifications. Payment will be required on changes before they are completed. For custom websites, you are allowed 3 revision to the design of the site. A revision is an email with a list of changes. After that, the client shall incur a fee of $30.00/hour for additional revisions.
13. Links from this website
I do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by me and should not be regarded as the publisher of such opinions or material. Please be aware that I am not responsible for the privacy practices, or content, of these sites. I encourage users of this site to be aware when they leave my site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. iELEMENT5 will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Please feel free to contact me with any questions.