Terms of Service

If you are a programmer or developer, please contact me about terms especially for web professionals. I create and license layered PSD graphics with special terms just for you! The following terms are for my end user clients.

Payment

Credit card payments can be made through Paypal. You do not have to have a Paypal account to pay by credit card. I do not accept personal checks. I will accept cashier’s check and money order by mail. In the case of payment via mail, payment must be made in full before the project begins.

Refunds

Due to the nature of the services, Graphically Designing will not issue refunds for any reason.

Queue

Client wait time varies depending on the number of clients before you. If you have a project deadline, please contact me before ordering to see if it will work with the current projected queue times. Alternatively, there is a rush order available a la carte. Purchasing a rush order bypasses the queue and puts you next in line.

Questionnaire and Drafts

All clients must fill out a New Project Questionnaire design spec. The answers and examples provided act as a design compass to determine style, colors and preferences. Please fill this out thoroughly and thoughtfully. Failure to do so will make your project design guesswork. Client blog makeovers include up to 3 revisions. Additional drafts will be done at an hourly rate of $75/hr.

Communication

The design process is a rapid-fire of email and online communication. It requires clients to be at the computer consistently during the design process. Progress requires client acceptance at frequent intervals. If the client fails to respond in a timely manner, that project will be delayed until a time when regular communication is possible. I do not conduct business by phone. Consults, training and orientation take place via Skype or Google Talk. Both are free resources. If client fails to communicate in 36 hours without warning, the project will be recycled back into the queue. If a client repeatedly fails to follow through with communication, client will forfeit his place in the queue.

Copyright and Credit

Logo & branding copyrights are transferred to the client upon final payment. Wordpress theme copyright belongs to theme creator. Graphically Designing terms of service require that all parts of the blog design remain intact. Clients may not alter, change, sell, share, move or copy any part of the design elements in whole or in part. The purchase of a blog design, a la carte items, template or any service offered by Graphically Designing is meant to be used for single project on a single URL. The client is granted a license to display the work, but the client doesn’t own the design. Clients may not copy the template, code or elements and transfer them to another blog, website or online format of any kind. Use of Wordpress themes is dictated by theme owner. In the case of many premium themes, if I hold the developer’s license the theme license, the theme must be surrendered when my work is removed.

No derivative works of copyrighted property will be permitted. If a client removes any part of the design, client must completely start over and choose a new standard Wordpress theme. Clients are welcome to provide photos or purchase royalty-free (stock) images provided that they are responsible for complying with license agreement(s) and photography copyrights. Neither Darcy nor Graphically Designing will be liable for photos or design elements provided by the client. Client is responsible for complying with U.S. Copyright Law – even if the client lives outside the U.S. Failure to comply may result in legal action.

A button announcing the client’s blog was designed by Graphically Designing will be placed in the sidebars or lowerbars. Clients may relocate it within the sidebars, but may not remove it. A template credit will be placed in the footer of all themes/templates created by or customized by Graphically Designing. These terms require that both remain intact for the duration of the use of the design. In some cases, theme owners, photographers or non-royalty free graphics will require acknowledgement. Graphically Designing complies with all copyright and license agreements; clients are not permitted to knowingly infringe on other artists’ work while licensing a Graphically Designing design.

Browser Compatibility

Designs are created to be compatible with the most recent release of Firefox, Safari, Chrome and Internet Explorer. Clients are responsible for running the most current version of the preferred browser before the design process begins. Darcy and Graphically Designing make no guarantee that designs will work properly on outdated or obscure web browsers. Currently designs are guaranteed on Safari 3 and above, IE 7 and 8, Firefox 3 and above and Chrome (which updates automatically).

Liability

Graphically Designing does not guarantee sales or success of websites or blogs. Clients are responsible for sales, promotion and income, and neither Darcy nor Graphically Designing are liable for business or personal blog success.

Website and Marketing

Client agrees that design projects may be featured on Graphically Designing blogs, websites or promotional materials.

Acceptance of Terms

By submitting your questionnaire and deposit, you agree to the terms and conditions listed here. You are responsible for adhering to the terms and conditions listed here, even if you didn’t read them.