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. (Wicked Cool Studios) retains the copyrights to our graphics, html code, template design and overall layout of the design. You the (client) will be granted a single use license to use the specific design you purchased but are not given sole rights as the copyright remains property of Wicked Cool Studios. You the (client) may not duplicate or sell our work at any time unless you sell your website and the graphics and html are included in the sale. This is a one time sale and you the (client) must inform us of the sale so we can inform the new owner of our TOS. You the (client) MAY NOT share your template/web design with anyone else or re-use it one another site, if you wish to use the template twice on more that one of your sites than please contact us (Wicked Cool Studios) to purchase another use license. You the (client) MAY NOT yourself alter or hand our graphics, design or code over for another designer to alter in any way. Are graphics, design and code are to remain intact, if you wish to have them altered bring them back to us and we will be happy to make changes for a agreed upon fee. All rejected work remains our property and is not to be used in any form, 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.
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 release 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. Final payment is due 45 days after initial retainer is received whether design is ready to be installed or not, (wicked Cool Studios) will make every effort to install your design before this time period is up but we can not wait for final payment due to time delays in getting content, approvals or any media from the (client). Communication is key to getting the design done in a timely manner.
C. We accept Visa/Mastercard, Discover & Amex. We also accept all credit cards, e-checks and funds through Pay Pal. E-checks through PayPal are help 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 payment page 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.
D. 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.
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.
