Terms & Conditions
Terms and Conditions
The 5th Color Designs will require a 50% deposit before commencing work. This deposit is non-refundable. Credit Card charge-backs of the 50% deposit will be turned over to a collection agency for legal prosecution.
Customer agrees to pay 50% of Total Order and that 50% of Total Order (based on quote provided) must be received and cleared PRIOR to starting project. The 5th Color Designs requires 50% of the total order to be paid in advance before work is started on design project. The remaining 50% balance must be paid in full AFTER completion of the design(s) and approval* of the design(s), then Client will receive completed package.
LEGAL LICENSED MATERIAL
Client agrees to provide LEGAL LICENSED content and images that they wish to be used for their design. The 5th Color Designs does not supply any images unless stated prior to beginning design project, or stated in the proposal. If the purchaser does not have their own images, a legal image provider can be recommended by The 5th Color Designs. Client hereby releases The 5th Color Designs from any and all legal actions or monetary settlements arising from the client providing The 5th Color Designs with unlicensed/illegal images or content to be used for the development of their design.
CHANGES TO THIS AGREEMENT
The 5th Color Designs reserves the right to change this agreement at any time. Changes could include changes to rules, prices, or the discontinuance of some or all our services. Members/Clients may be notified in writing or by electronic publication.
INDEMNIFICATION OF The 5th Color Designs
Members agree to indemnify and hold harmless The 5th Color Designs for any liability that may arise from any use of the services.
BILLING
Members agree to pay their bill when presented, including any minimum deposit due.
• If payment method is by Credit Card, account will be automatically debited each time a balance is due unless otherwise specified.
• There will be a $35.00 NSF charge for all returned checks.
• Any billing related problems must be directed to the billing department during billing hours: Mon – Fri 11:00 am to 7:00 pm
• No changes will be made to an account unless you have spoken directly to a billing representative.
REFUSAL OF SERVICE
The 5th Color Designs reserves the right to refuse services at its discretion if design request is deemed to be offensive, illegal, pornographic, Etc.
COMPLETE AGREEMENT
The subscriber application, these provisions, the current rules, and the fee schedule constitute the entire agreement between The 5th Color Designs and the member/client.
* The 5th Color Designs does everything possible to make sure Client is 100% satisfied with each design and will make ‘reasonable’ changes accordingly from the first design shown to client, to the final. Near or upon completion of Client’s ordered design(s), opportunity will be given to view all or portion of design(s) for adjustment, corrections and/or approval. In The 5th Color Designs’ attempt to transfer clients’ visions into real and functional designs, sometimes minor rework or adjustments of completed work is required, and The 5th Color Designs will certainly give Client opportunity for review and/or approval as indicated above, however it is not within ‘reason’ to request an indefinite amount of changes, and The 5th Color Designs will not rework a design an unreasonable amount of times over for the price of doing it once. AFTER FINAL APPROVAL, PAYMENT AND DELIVERY OF COMPLETED PROJECT the order is considered done and any new requests are considered new project orders.
**For Maintenance requests, maintenance rates pertain to changes made to text and images within a web page layout, changes that will affect the overall page layout will be billed at custom programming hourly rates. If you are not sure about the difference and are interested in having us make changes to an existing site, give us a call and we’ll be glad to explain.