Walston Media

Terms and Conditions (revised 1/02/2010)

If you have any questions or need further clarification, please send an e-mail to info@walstonmedia.com

All services provided by Walston Media are subject to the following terms and conditions. These policies have been put into place to protect both the client and Walston Media. If you do not agree with any element of the Terms of Service, please do not contact Walston Media for a quote or for services or purchase any service through walstonmedia.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. These terms are contained in the Contract you are required to sign and return before your design can begin.

Quotes & Contracts

Quotes provided will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.

Authorization

The client is engaging Walston Media, a sole proprietor, as an independent contractor. The client hereby authorizes Walston Media 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 Walston Media 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 unlimited revisions to the template proof for their Custom eCommerce, Custom Informational, or Custom Single Page web design. Matching /coordinating website graphics may have 1 revision. All other website services are designed from client's initial choices and do not include revisions, so any changes requested to the client's initial choices will be subject to hourly rates.

Hourly rates start at $55.00 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 Walston Media 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 Walston Media may advise against. Any claims for defects, corrections, or glitches must be made within 14 days of the project being completed.

Completion

Walston Media works hard to complete all projects in a timely manner. However, Walston Media cannot guarantee deadlines as each project is unique and so is each client. Walston Media will communicate with the client during the entire development of the project and provide them with status updates. If the client does not supply Walston Media with complete text and graphic content for this web or graphic design project within seven (7) days from the date requested, this contract becomes void and any deposits 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 Walston Media is closed, orders will be processed and started upon reopening in the order in which they were received.

Payment of Fees and Expenses

A payment of 100% is due before the initial design is to begin, except for contracts exceeding $600. No design will begin until the payment is made and signed contract is received. The client agrees that before installation of the finalized web design, the remaining balance is due. Upon receipt of the final payment, the web design will be published. In regards to print graphic design, upon receipt of the final payment, watermark will be removed and the final PDF artwork will be released to client.

Walston Media prefers payment by credit card. Because Walston Media accepts PayPal, we can accept various payment options (credit card or debit card - Visa, MasterCard, American Express and Discover). In the case of card declination, either for an initial payment or a balance payment, the client is responsible for providing an alternate card, and work will not continue on their project until the payment due has processed.

Web Hosting and Domain Registration

Walston Media uses their own private server to host multiple domains under one account. Through this process, Walston Media is able to offer web hosting at a very discounted price to cllients. If the Client chooses to purchase and maintain a separate web hosting account with one of the hosting companies approved by Walston Media. Technical support questions regarding web hosting (including email support) are to be directed to the 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 Walston Media is not affiliated in any way with the domain and hosting companies.

Credit and Use of Products

The Walston Media copyright and credit information must remain on all of our products. We require that the text link back to walstonmedia.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 Walston Media 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 Walston Media. Any text, images and products provided must be owned by the client. Under no circumstances will Walston Media 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 Walston Media 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 Walston Media is owned by Walston Media. 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 Walston Media. The logo and graphic design copyright is transferred to the client upon completion of the site and any print design services requested.

Support

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

Walston Media 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 Walston Media 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 Walston Media 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 Walston Media. It is the client's responsibility to be sure they want a service before entering into this contract.

Chargebacks

Walston Media 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 Walston Media, 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

Walston Media provides customer service, tech support, and any other type of client communication primarily by email. This allows both the client and Walston Media to have a written record of correspondence throughout the project. Work days are Monday-Friday weekly and hours of operation may vary on these days.

Non-Communication

If Walston Media 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 Walston Media.

Waiting List

An initial, non-refundable 25% deposit is required to hold the client's start date should a waiting list be in effect. In this case, 50% of the remaining balance will be due before initial logo design begins, and the final 50% of the remaining balance will be due before the web design is installed.

Acceptance

Please note that by submitting your payment for my services you are agreeing to all of the terms of service as written here. Walston Media reserves the right to change or update these terms at any time without prior notice.

Privacy Policy

Walston Media 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 Walston Media 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 Walston Media for any reason at any time. To pursue a refund of money paid to Walston Media when bound by the terms of this Contract is considered fraud and will be aggressively reported and prosecuted. Walston Media does not warrant that a web site will meet the client`s expectations of site traffic or resulting business. In no event will Walston Media 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.