Please read through all of our TOS before purchasing anything on our website or through the custom design forms. From here on out we Wicked Cool Studios will be referred to as (Wicked Cool Studios) and you the client will be referred to as (client). The project we are hired to complete will be referred to as design. Wicked Cool Studios reserves the right to chnage these terms anytime we see fit and necessary.
Authorize:
You the (client) agree to authorize and grant (Wicked Cool Studios) access to your website admin or shopping cart using your protected username and password. This is so (Wicked Cool Studios) can install the commissioned design and customize the store. (Wicked Cool Studios) does not keep the (client)'s username and password on record so you the (client) will be asked to provide it every time changes are made.
Copyright & Licensing:
A. Any contracted work done by Wicked Cool Studios for you (client) is guaranteed to be custom and original, all rights once the project is completed and paid for in full will transfer to client. All rejected work remains our property and is not to be used in any form as un-approved work will be used in other designs. We reserve the right to show our designs in our offline and online portfolios.
B. You the (Client) guarantee that any element such text, graphics, photos, designs, trademarks, or other artwork provided to (Wicked Cool Studios) for use in the design are owned by you the (client), or that you the (client) has permission from the rightful owner to use each of these elements. You also agree to hold us (Wicked Cool Studios) harmless and to protect and defend (Wicked Cool Studios) from suit or claim of infringement arising from the use of these elements.
Credits:
(Wicked Cool Studios) places a small credit link at the bottom of the pages we design for you the (client). The (client) agrees to leave any and all credit links that (Wicked Cool Studios) places on the (clients) design, and will not remove them at any time unless any and all elements provided by (Wicked Cool Studios) are removed. If you purchase graphics only, a link back is appreciated but not required. We reserve the right to place your link on our portfolio page. We reserve the right to show our designs in our offline and online portfolios. Credit link and portfolio links may be removed for a fee.
Communication:
A. Please allow 24-48 hours for us (Wicked Cool Studios) to respond to all emails or communications from our basecamp project center. We (Wicked Cool Studios) Recieve hundreds of email a day from projects to spam that we have to sort through, so please keep this in mind. If you the (client) have emailed us (Wicked Cool Studios) and have NOT heard back and it has been more than 48 hours, please feel free to email again.
B. All major projects are set up with an account with-in our Basecamp project site at wickedcoolstudios.clientsection.com. Please remember that if we have issued you access to this site to ALWAYS use this site for communication. If you the (client) Randomly email us at our email and not through the project site you may become overlooked and your email missed, so the best way to reach us (Wicked Cool Studios) is to ALWAYS sign into your project and communicate there.
C. Communication is key to getting the design done in a timely manner. We (Wicked Cool Studios) always allow 24-48 hours for you to respond to our communications whether it's text or files we have sent. If we (Wicked Cool Studios) do not hear back we will attemp again to reach you the (client) , but please note that projects that have not been reponded to for 30 days will be put on hold and you will have to rechedule with us (Wicked Cool Studios) to start again. We understand life crops up and problems arise so If you let us know we can always work around any matters and rechedule.
D. Due to unforseen circumstances like weather, cable outage or sickness we (Wicked Cool Studios) ask that you be patient as we fix these issues if they arise. If we (Wicked Cool Studios) have a outage due to connection or weather we will post a message to you (client) using our project center, www.wickedcoolstudios.clientsection.com via our cell phone. Please refer to your project center account for all updates concerning emergency outages, weather or unexpected sickness. This is of course a rare event, but in case of an emergency we want to have the best way possible to inform our clients.
Revisions & Maintenance:
A. (Wicked Cool Studios) agrees to make minor changes to the (client)'s template design for up to 2 weeks after completion. Minor changes include but aren’t limited to text, links, and placement of special tags for the (clients) shopping cart to function. Anything other than this will be subject to a fee or an hourly rate, (Wicked Cool Studios) will quote the (client) on how long changes will take/cost and guarantee not to go above the rate agreed upon by (Wicked Cool Studios) and (client). Maintenance payments are due before work is to begin.
B. We (Wicked Cool Studios) do not have a set amount of changes you the (client) are allowed for graphic, illustrated or printed products once commissioned. However anything requested outside the original quoted design will be an added on fee. Once all graphic, illustrated or printed products are approved by you the (client) any changes requested will be invoiced at our hourly rate. We can not be responsible for spelling/graphical errors once design approval takes place, this is why we send a digital proof to you to look over and approve. If you miss something we can make changes at our current hourly rate. It is VERY IMPORTANT you do not say you love it to you do. A change that may simple and quick can actually take hours, so please look everything over carefully before you the (client) approve the design. We (Wicked Cool Studios) WILL NOT be held responsible for printed products not matching the proof once printed or for any spelling or graphical errors once approved. We (Wicked Cool Studios) have are monitors calibrated for print but as each monitor is different we cannot guarantee the color shown on your monitor will match the printed product exactly. We (Wicked Cool Studios) recommend you have a test print run BEFORE you finalize your approval with us as we will not be held accountable for color differences. If we are printing your design and you notice an error in spelling you didn't catch during the approval process after we have printed, we can re-print at a special rate.
Idemification:
The (client) agrees that the (client) is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend (Wicked Cool Studios) from any claim, suit, penalty, tax or tariff arising from the (client)'s exercise of Internet electronic commerce.
Payments & Cancellations/Refunds:
A. A 50% retainer will be required prior to the start of all designs. The remaining 50% is due before files are released to you the (client) and before we install and take your website live. If invoice is under $200.00 full payment is due before work is to begin.
B. We accept Visa/Mastercard, Discover & Amex through PayPal, please note you DO NOT need to have a PayPal account tto pay as we also use it as our normal credit card processor. We also accept all e-checks and funds through Pay Pal. E-checks through PayPal are held by PayPal for up to 5-6 business days. Work will not begin until checks clear and funds are available to (Wicked Cool Studios) in our PayPal account. (Client) will be provided a secure login to our payment website, www.wickedcoolstudios.freshbooks.com or a link to our cart to provide payment. Please note that the 50% retainer fee does not include pre-made templates or graphics, payment for pre-mades and photo editing are due in full when you order via our shopping cart.
C. Please note due to the nature of our work we do NOT issue refunds. The (client) and (Wicked Cool Studios) reserve the right to cancel design at anytime, but any retainer fees paid will not be refunded and if work hours exceed the initial retainer fee we require payment for that time used and will bill you accordingly. (Wicked Cool Studios) will make every reasonable effort to satisfy (client), but work commissioned must be compensated for whether or not design is used. Please see our Refund Policy page HERE for more details.
Agreement:
This TOS agreement becomes effective when the (client) provides (Wicked Cool Studios) with the initial retainer fee or purchases anything from our website via the built in shopping cart, email and custom design request forms.
