Terms of Service
The following agreement specifies the terms and conditions of any design project with Evans Design Studio or Chip Evans. This proposal is provided containing a copy of my signature. You agree to the terms by making the first payment. Please keep a copy of this agreement for your records unless changes are requested. If you have any questions about any item in this contract, please contact me, and I will try to help you better understand any provisions in this agreement.
1. Authorization. The above-named client is employing Chip Evans, Evans Design Studio, located at 5030 Duke Drive, Cumming, GA 30040, for the specific project of web design or graphic design. By making the first payment, Client and Evans Design agree to the legitimacy of this contract.
2. Project Elements. As outlined in the beginning of the document.
3. Maintenance and Hourly Rate. The hourly rate for any work outside of an agreement is $150/hr.
4. Design and Content Changes.
Evans Design will work with client to create a website outline and determine what content exists, what content needs to be edited, and what content client needs to create. Content and content changes will be provided as ubiquitous digital text files such a Microsoft Word, Google Doc, the body of an email, or a text file.
Evans Design will provide client with a static design comp for client approval or revision. Client is allowed unlimited design revisions under this agreement UNTIL a design is approved.
Evans Design will take the approved design and begin building the website using the available content. At that point minor design changes are acceptable but major design changes may be outside the scope of this agreement.
Client will be provided with a URL for the development site. Client will be notified when development milestones are reached and review and feedback are required.
Client can make changes to content during the review phases by delivering changes as a digital text file.
The finished website will be migrated from the development environment to the client’s hosting server once the client has signed off on the website and final payment has been received.
6. Completion Date. Evans Design and Client must work together to complete the project specified above in a timely manner. We both agree to work expeditiously to complete the project.
7. Limitation of Liability. In no event shall Chip Evans or Evans Design 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 website or use designs, if Evans Design has not previously been advised in writing of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
8. Copyrights and Trademarks. Client represents to Evans Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Evans Design for inclusion in the project are owned by Client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Evans Design and subcontractors from any claim or suit arising from the use of such elements furnished by the client.
9. Purchasing Photos, Graphics and Designs. A premium WordPress theme from Envato and appropriate stock images from Adobe Stock or Envato Elements are included in this proposal. Licenses will be transferred to Client at the project’s conclusion. It is important to note that if Evans Design purchases text, graphics, photos, designs, themes, plugins, trademarks, or other artwork or software for Client that is not included in this agreement that authorization will be obtained in advance and that the costs associated with those purchases will be passed along to the client separately and in addition to this agreement.
10. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Evans Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
11. Client and Third Party Site Modifications. Evans Design is not responsible for any changes made to the site or designs by any other party or authorized agent. If Client or an agent other than Evans Design attempts to update the web pages or designs, time to repair web pages will be assessed at the hourly rate of $150.00, and is not included as part of the updating time or this agreement.
12. Copyright & Ownership to Webpage & Domain. Copyright to the finished assembled work of web pages and designs produced by Evans Design belongs solely and exclusively to Client upon final payment of this contract. Client is assigned rights to the use and ownership of the website, design, graphics, and anything else created by Evans Design and contained in the finished assembled website or designs. Rights to photos, graphics, source code, work-up files, and computer programs are specifically transferred to Client, and remain the property of their respective owners. Any licensed software not developed by Evans Design (such as Themes, Plugins, CGI, Pearl, PHP scripts) may be owned by another software company that has granted Evans Design the right to initiate it into the client’s website, and does not grant the client ownership of the script.
Evans Design retains the right to display graphics and other Web design elements as examples of work in respective portfolios, unless otherwise specified by the client. The client retains ownership of the domain name(s) bought through Evans Design after the invoice is paid in full. Evans Design reserves the right to withhold property such as domain names, designs, programs, and copyright ownership as well as any other work created if the client is in debt to Evans Design.
13. Payment of Fees. In order for Evans Design to keep rates low, payments must be made promptly. Bills will be deemed delinquent and assessed a $50.00 charge if payment is not received within 15 days after the due date. If an amount remains delinquent 30 days after its due date, an additional 15% penalty will be added for each month of delinquency. Evans Design reserves the right to not deliver web pages to Client until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred by that process.
14. Sole Agreement. The agreement contained in this “Website Design Contract” constitutes the sole agreement between Evans Design and Client regarding the project outlined above and in the approved proposal.
Any additional work not specified in the proposal or contract must be authorized by a written change order.
15. Proofing. Evans Design holds no responsibility that content that is printed or displayed in websites, email or any material is correct and free of grammatical errors. It is the responsibility of the client to verify before any designs are displayed or printed that they are correct and free of errors. If after launch or delivery it is found that errors exist in the designs it will be the responsibility of the client to pay any costs incurred.
16. Refund Policy. The client may halt work and request for a refund within 30 days of the date of the proposal/contract by mailing a certified letter to Evans Design, 5030 Duke Drive, Cumming, GA 30040. Work performed will be billed at $150 an hour and any remaining funds will be returned. If at any time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate of $150.00. Depending on where we are in the project, this could result in client owing Evans Design money.
17. Unable to Move Forward. If the client is, for whatever reason, unable to finish a project, they are still responsible for paying all hours worked. If Evans Design is waiting for the client to provide feedback, content, images or decisions for over 30 days and Evans Design is unable to move forward in this time, Client agrees to pay in full all hours worked at this point at $100.00 per hour. This can mean paying the entire balance of the agreed upon price if hours are equal to or exceed the quoted price. Evans Design will start the project back up when Client requests, but there will be a cost of 10% of the total invoice to be paid to Evans Design prior to starting.
18. Miscellaneous. This contract shall be governed by the substantive laws of the State of Georgia without regard to conflict of law principles. The contract constitutes the entire understanding and agreement between the parties hereto and their affiliates with respect to its subject matter and supersedes all prior or contemporaneous agreements, representatives, warranties and understandings of such parties (whether oral or written). No promise, inducement, representation or agreement, other than as expressly set forth herein, has been made to or by the parties hereto. This letter may be amended only by written agreement, signed by the parties to be bound by the amendment. Evidence shall be inadmissible to show agreement by and between such parties to any term or condition contrary to or in addition to the terms and conditions contained in this letter. This letter shall be construed according to its fair meaning and not strictly for or against either party.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To improve our website in order to better serve you.
- To administer a contest, promotion, survey or other site feature.
- To quickly process your transactions.
- To send periodic emails regarding your order or other products and services.
- To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect your information?
- Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
- We use regular Malware Scanning.
- Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
- We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
- All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
- Help remember and process the items in the shopping cart.
- Understand and save user’s preferences for future visits.
- Keep track of advertisements.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.Some of the features that make your site experience more efficient and may not function properly.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
- Remarketing with Google AdSense
- Google Display Network Impression Reporting
- Demographics and Interests Reporting
- DoubleClick Platform Integration
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
- Users can visit our site anonymously.
Can change your personal information:
- By logging in to your account
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
We will notify the users via in-site notification
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions
- Process orders and to send information and updates pertaining to orders.
- Send you additional information related to your product and/or service
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
- Not use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
Any claims for misprinted/damaged/defective items must be submitted within 30 days after the product has been received. For packages lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. Claims deemed an error on our part are covered at our expense.
Wrong Address – If you provide an address that is considered insufficient by the courier, the shipment will be returned to the printing facility. You will be liable for reshipment costs once we have confirmed an updated address with you.
Unclaimed – Shipments that go unclaimed are returned to the printing facility and you will be liable for the cost of a reshipment.
Returned by Customer – Contact me before returning any products. I do not refund orders for buyer’s remorse or size exchanges because these items are printed on demand. Unfortunately, a new order, at your expense, would need to be placed for an updated size.
Contact Chip@EvansDesignStudio.com | 404-702-1357 if you have any questions or concerns.