Last Updated: November 6, 2024

We love designing websites all day, worry-free; but we need to make sure we’re on the same page to best work together. If you have any questions on the Terms & Conditions below, please contact us.  We’re happy to discuss any concerns or questions with you.

Don’t let these Terms & Conditions scare you off … check out our Testimonials and Google Reviews to know you’ll be in good company working with Envision Web Designers.

Payments:

A 50% deposit is required upfront on all projects. Deposits are made to be placed on the development schedule, to secure resources, and to complete the scope of work. The remaining balance is due when the scope of work is complete or 90 days after development starts (whichever is soonest).

Unless otherwise specified in writing, invoices for work completed and not paid within 60 days of the invoice date will accrue interest at 5% per month. Client agrees to pay for each check returned fees for insufficient funds or any other reason.

Changes:

Both parties understand that Client or Envision Web Designers may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client understands the deposit is non-refundable and is responsible for payment for all expenses incurred and any work done toward the completion of the project based on the percentage of project completed according to Envision Web Designers estimate. Should Client cancel the project following its completion, Client is responsible for full payment as per the above estimate plus all other expenses incurred.

Processing of Refunds:

Initial deposits & setup fees are non-refundable. These fees cover all setup costs as well as time spent on the project to date. The deposit also goes to purchase additional design & developer resources that may be needed for your project such as custom funcitonality, themes, developers. Often these developers and functions offer no refund policy back to us.

Revision Policy:

Custom designs involve 1 iteration round after the wireframe is approved. Additional rounds can be provied at an hourly billable rate.

Communication Policy:

We all get busy or life things happen. However, if there is no responses to my communications for 30+ days – the project will be closed so that I can move on with my projects and funds retained.

Limitation of Liability:

Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.

Intellectual Property:

The Client will own the website and any custom iconography provided by Envision Web Designers. Envision Web Designers will turn over all necessary files.

Images:

The Client guarantees that they have legal rights to all elements of text, photographs, and anything else that they provide Envision Web Designers with, and will not hold Envision Web Designers responsible for any third-party claims.

Envision Web Designers will use legal licenses to imagery they acquired through a standard business license – Examples of permitted use per DepositPhotos (see their policy for the most current verbiage):

Digital use: sites; advertising banners; screen savers; wallpapers; software (for PC and mobile devices); e-cards; e-mails; e-books; presentations (PowerPoint, Flash, etc.); movies, videos and TV advertising; unofficial logos; personal use; etc.

Printed use: advertisements in newspapers and magazines; printed advertising materials; covers and illustrations for books, newspapers, magazines; business cards; flyers; posters; CD/DVD covers; wrappers, labels and product packaging; stationery: folders, notebooks, pens, pencils and stickers; charms; calendars; mugs and glasses; mousepads; T-shirts, clothing; personal non-commercial use; etc.

Depositphotos’ licenses do not entitle you to the File’s copyright and/or intellectual property rights. All copyright and/or other intellectual property rights to the File are reserved by Depositphotos and/or the contributor of the File.  The licensed image version granted to download is the only version permitted for use. If modifications are made you are at risk for the owner of the photo or DepositPhotos to deem it inappropriate use.

If either party accuses the other of being in breach of contract, the accused party will have 30 days to address the breach.

Applicable Law:

This Agreement shall be governed by and construed in accordance with the laws of Chaffee County, Colorado, United States.

Force Majeure:

Envision Web Designers shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.

No Guarantee:

The client acknowledges and agrees that Envision Web Designers cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. Rather, services shall be executed in a professional manner and in accordance with good industry practice. Best efforts will be used but no results are promised.

Footer Credit:

We include a small link in the footer to indicate your website was designed, built and/or maintained by Envision Web Designers. We’re proud of the work we do! If you would like this link to not be present, please let us know.

Ongoing Support – Hosting & Maintenance Plans:

Any questions post-completion of your project: We offer several Managed Hosting & Monthly Maintenance & Security Plans. These plans provide you with support for everything you need in a website plus access for technical support. We keep your website up to date with the latest WordPress releases & plugin updates. Certain plans offer a specific amount of technical support throughout the plan period. Details of the services we provide in our plans can be discovered on our Managed Hosting & Monthly Maintenance & Security Plans pages. Please note: Support hours do not rollover if unused at the end of your billing cycle. Please allow 48 hours for all support requests to be responded to.
Hosting payments are non-refundable. All Managed Hosting plans and Monthly Maintenance & Security Plans are billed on a recurring basis and may be canceled at any time with a 30-day written notice by either party.

When no hosting & maintenance plan has been subscribed to:

Please utilize your platform or plugin’s online knowledge base and Live Chat systems as your first tier of free support. If the Client has decided to decline Envision Web Designers Hosting, Maintenance, & Security Plan, the client, agrees and understands:

– Client is the full owner of the site and take on any responsibility that this entails.

– Client forfeits priority response by Envision Web Designers, as time is often commandeered by maintenance clients.

– Client takes full liability of any security breaches, hacks, and information leaks due to the site.

– Client understands that it is the responsibility of the client to make backups, monitor website security, and manage any and all ongoing functionality of the site.

– Client understands and agrees that WordPress (and other softwares and plugins used to build the site) require frequent backups and updates. Client agrees to take the full responsibility of these backups and updates and understands that not making these updates or backups could lead to security breaches, “hacks”, website down-time, and possibly even destruction of the site.

– Client releases any and all liability and/or responsibility of this website from Envision Web Designers and agrees to take all website responsibilities on themselves from this point forward.

– Client understands any ongoing hourly work including questions/how-to consultations can be purchased from Envision Web Designers for the rate of $125/hr.

Warranty:

Websites built by Envision Web Designers are sold “as is”. Envision Web Designers hereby disclaim warranties of any kind, express or implied, including, without limitation, warranties of merchantability, use for a particular purpose and non-infringement. Envision Web Designers does not make any warranty the site will be error free or access will be continuous or uninterrupted.

You understand by hiring Envision Web Designers to build your website, you do so at your own discretion and risk. You agree to indemnify and hold harmless Envision Web Designers, its contractors, and respective employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of these terms.

Envision Web Designers is not responsible for any conflicts due to WordPress updates, Divi, Elementor updates or third party plugin updates.

These are our terms and conditions in a nutshell. If for business purposes you require a more legal document, please contact us and we will be happy to provide it. We’re also happy to provide you with a W9 should you require it for tax purposes. If you have any specific questions or needs, please don’t hesitate to contact us. We’ll be happy to help you!

If you have questions regarding our policies please email [email protected]