Terms of use

Terms of Use

 

 

 

Last Updated 4 December 2017.

 

Throughout the site, the terms “we,” “us” and “our” refer to Third Eye Creative Design; the terms "I," "you" and "yours" refer to the client (unless specifically stated otherwise).

 

We offer this website, including all information, tools and services available from this site to you (the client) conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

 

By visiting our site and / or purchasing services from us, you engage in our “Service” and agree to be bound by the following terms and conditions. These Terms of Use apply to all users of this site. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or purchase any of our services.

 

1.  Design Services - Fine Print

 

Unless otherwise stated, pricing does not include web hosting or subscription plans. Client assumes all fees for purchase rights to stock photos and other graphics / images. Web design projects will be scheduled with an official start date once the contract is signed and invoice is paid (a 50% non-refundable deposit is due to lock in your start date and the remainder of the invoice is due prior to publishing your site).

 

2.  Revisions

 

Each project is allotted two comprehensive revisions and do not include a template change. Revisions outside of the package allotment will be billed separately at an hourly rate of $100 / hour with a minimum $100 fee.

 

3.  Project Timeline

 

We limit the clients we take on each month so we can give your brand and website the time and attention it deserves. Our general turn around time is 4-6 weeks but may take longer based on specific circumstances. Your timely feedback during the comprehensive revision process is greatly appreciated.

 

4.  Custom, Heart-Centered Websites

 

We pride ourselves on our work and the ability to exceed our clients needs and expectations. Each brand and website we create is authentic to you and your company. Just as unique as you are, your custom brand/website will never be replicated.

 

5.  Monthly Packaged Rates

 

Should you choose the monthly package rate option you will be locked into a one year contract. You may keep the plan as long as you like and your rate will never increase.

 

All monthly packaged rates come with additional support and are allotted up to four changes (excluding template changes) per month. Unused changes at the end of the month do not “roll over” from one month to the next.

 

6.  SEO

 

Search Engine Optimization is required to be organically ranked on google. Each website we design comes with basic SEO work so google will recognize your site. Should you choose to update your site by switching from another platform we will keep a similar rank structure to minimize the chance your google ranking will be penalized. That said, we expressly state we make no promises your ranking will remain the same should you choose to switch platforms.

 

The following clauses are filled with dense legal technical writing. We go to great lengths to protect you, your business and your project. That said, it is our policy to have every client agree to the following in the event legal action should be pursued. Thank you for understanding this is necessary to protect our business.

 

 

7.  Privacy Policy

 

It is required by law to have a Privacy Policy on websites that collect any information (name, email, phone number, etc.) from it’s visitors. The responsibility falls on the client to do their due diligence regarding this policy and agrees to hold Third Eye Creative Design harmless for any reason should the need arise.

 

8.  Intellectual Property Rights to Your Materials

 

All materials you submit to Third Eye Creative Design for use on your website shall be obtained legally and not infringe on any copyright, trademark or other proprietary rights. Should you obtain images or other material illegally you shall be held liable for any damages resulting from infringement of such. We claim no intellectual property rights over the material you supply. You agree to hold Third Eye Creative Design harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

 

9.  Third Party Resources

 

Our website contains links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Third Eye Creative Design. You acknowledge sole responsibility for and assume all risk arising from third party resources.

 

10.  Liability Release

 

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of this site or service. Additionally, Third Eye Creative Design is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Third Eye Creative Design has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Third Eye Creative Design cumulative liability to you exceed the total purchase price of the service you have purchased from Third Eye Creative Design, and if no purchase has been made by you Third Eye Creative Design cumulative liability to you shall not exceed $100.

 

11.  Indemnification

 

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms of Use, or any use by you of our site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

 

12.  Updates to Terms of Use

 

We reserve the right to amend or update the Terms and Conditions found herein. Amendments are effective immediately and annotated by the “last updated” date.

 

 

 

 

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