By purchasing premade or custom blog / website design services from Design Sprouts (www.DesignSprouts.com), the client is agreeing to the following terms and conditions. These terms and conditions are subject to change at any time and therefore should be read prior to making any & all purchases.
Terms updated on November 24, 2015
Client is engaging Service Provider as an independent contractor for the specific purpose of providing consultation, blog design, website design, maintenance, or other computer/internet services.
Design Sprouts retains all copyright privileges on all designs, custom or premade unless otherwise noted. Under no circumstances may you resell or redistribute any of the designs, custom or premade.
The client owns the copyright to his/her web site/blog content.
An in perpetuity license is granted to Client for use of design/layout/coding/graphics on one website; All graphics and design work should not be used for any other purpose than what was originally agreed upon. Use in other media or by other parties is not authorized without written permission. Design changes by anyone other than service provider and transfers to another party require written approval from Design Sprouts.
All designs purchased through Design Sprouts are single-use ONLY. If you plan to use our designs on multiple blogs/sites you will be required to pay a multiple-use fee. Our multiple use fee varies per design so please contact us for those costs.
Client agrees that the credit text and link (in footer or sidebar of each design) will remain intact for as long as the purchased design from Design Sprouts is in use on your blog / website. Should a design have elements from a third-party, credits are provided in the design footer or sidebar if required as well.
Design Sprouts reserves the right to display or not to display a screenshot of all designs created in our portfolio for promotional and advertisement purposes.
All Custom Design packages require a 50% non-refundable down payment. Remaining 50% shall be paid by Client upon completion of the design and prior to file relinquishment, or upload and / or assembly of website on Client’s web server.
All Premade designs require payment in full prior to making any customizations or installation.
All payments, deposits and fees, are payable through PayPal.
Additional Services & Fees
Any work the Client requests the Designer to create which is not specified in the DESIGN WORKSHEET section of the Client’s Contract will be considered an additional service; This is including but not limited to changes in Client input, direction or excessive changes beyond the original agreement.
There are up to two revisions, within reason, after the initial design has been created according to the details from the Client in the Design Worksheet. Any changes beyond that would be charged at an hourly rate of $40.00 and such work may require a separate contract and payment. Design Sprouts will notify Client, before any work begins, that would require additional fees.
In the event that an invoice is not paid on receipt, 7 days after, Client will receive a courtesy notice. At 10 days, a 10% late fee will be added to the current balance. At 14 days, if invoice is not yet paid without making arrangements with Design Sprouts, your design will be dropped from our current project schedule. Upload / assembly of website, installations, file relinquishment, etc will not be made until the full amount of the remaining balance, including late fees and a $20 reinstatement of project fee, has been received. Fees for remainder of contract are not waived due to late or non-payment. All future work will require full payment in advance.
If Client fails to provide required materials for blog/website within 30 days the project is considered abandoned. There is no refund for abandoned projects. Project may, at Service Provider’s option, be completed upon receipt of ALL required materials and continuance fee of $20.
Services such as blog or website maintenance, consulting, training or instruction, etc will be charged at $40.00 per hour with a ½ hour minimum; payable at time of service. Package price is $100 per 4 hours; payable in advance; no refunds.
Do to the digital nature of all services and products, there will be NO REFUNDS; this does include all down payments. Time + labor work has already begun or will begin at the time of purchase of premades or confirmation of contract/design worksheet and deposit payment.
Content & Materials
All Custom projects require Client to submit a Design worksheet with design specifics such as color scheme, layout details, font choices, etc that will be provided by Design Sprouts or can be found here; Otherwise Design Sprouts is authorized to make all design choices.
All projects will begin upon receipt of Client’s design specifics and materials that are needed including but not limited to text, images and photos.
On all Premade projects purchased, the Client is required to give design specifics such as site title & slogan as well as font choices for header customization. If color changes are being made, you will be directed to choose colors a color scheme.
All materials are supplied by Client or charges for other services (Graphic Design, Stock Photos, Content Creation, etc) apply.
Proof or receipt of purchase is required for Design Sprouts to use any graphics, images or embellishments from sites including but not limited to stock photos, illustrations, vector graphics, scrapbook elements, etc.
Clients will be provided with an estimated timeframe in their project contract. While it is our goal to complete each project by the estimated timeframe, each project is unique and Design Sprouts cannot guarantee deadlines unless otherwise noted within the Client’s contract.
Premade designs are completed within 7 business days or less.
If there is a current waiting list, Client will be notified prior to contract signing and there will be notice on the front page of this website.
Access to Accounts
Clients agree to provide Design Sprouts with any necessary login information to their perspective domain or hosting accounts, if needed.
Security & Backups / Modifications
Design Sprouts will not save or store backups of any custom or premade designs or of existing designs. It is the responsibility of the client to save and store backups of previous designs as well as any design purchased through Design Sprouts. Please contact us if you would like links to tutorials if you do not know how to backup your designs.
WordPress.org (self-hosted) designs are created for the most recent version at the time of the contract and we are not responsible for errors in previous versions. Design Sprouts is not responsible for the functions of WordPress or any WordPress plugins that are installed on your site. We will ensure these work at the time of completion and installation to your site however if errors appear at a later date we are not responsible as these can be due to many reasons beyond our control.
Design Sprouts is not responsible for widgets in Blogger that are not backed up previous of design installation as clients are requested to do so before hand. If you need help in doing this, please let us know and we can either send you a link to a tutorial or we can do this for a small fee.
Design Sprouts is not responsible for errors or defects in materials supplied by the Client.
Design Sprouts is not responsible for misunderstandings, errors or defects in the performance of the Agreement if such misunderstandings, errors of defects were caused by acts of the client such as late delivery or non-delivery of complete, sound and clear information and/or materials. Client is responsible to locate any errors in design within 7 days of design completion. Design Sprouts agrees to correct errors in the form of typos, links and viewing issues. After 7 days from the completion date, all corrections may be made by Design Sprouts at the current hourly rate.
Design Sprouts is not responsible for any errors or defect by third parties by or on behalf of the Client.
In the event that Design Sprouts is unable to communicate with a Client, due to non-response of Client, during the design and development process for a duration of 14 days, the project contract will be void and all monies paid will be forfeited to Design Sprouts.
Either party may terminate this Agreement by giving 5 days written notice to the other of such termination.
In the event that Work is postponed or terminated at the request of the Client, Designer shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement and the Designer shall own all rights to the Work. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work.
In the event that Work is postponed or terminated by the Designer, the Client will be reimbursed all payments previously made and shall not be required to make any further payments. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Design Sprouts reserves the right to terminate service if you fail to abide by these terms of service and payment for such will not be refunded.