Overview
The terms “we”, “us”, and “our” refer to Breazy Design Co.. The term the “site” refers to breazydesign.co. The terms “user”, “you”, “your”, and “the client” refer to site visitors, customers, and any other users of the site.
Use of breazydesign.co, including all materials presented herein and all online services provided by Breazy Design Co., are subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using our site or our services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Usage
To access or use this site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using this site. Information provided on this site and in the services related to WordPress design/development and other information are subject to change. Breazy Design Co. makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Breazy Design Co. disclaims all liability for any inaccuracy, error, or incompleteness in the content.
Lawful Purposes
You may use this site for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through this site. You shall not post or transmit through this site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The services offered are subject to our acceptance of your requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No project is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the site, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Deposits, Waiting List, and Delays
For projects quoted over $499, an initial non-refundable 50% deposit is required to reserve your project on our calendar. The remaining 50% will be due prior to installation of your design and/or the delivery of any design files. If the project time exceeds 4 calendar weeks in duration, you agree to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.
Once your deposit has been paid and the contract is signed, you will be added to our calendar and notified of your start date, which is only an estimate. This date may change due to other projects, unforeseen circumstances, and/or delayed communication with you.
If during the course of your project, you would like to delay (or pause) the project with the intent to resume the project at a later date, your final invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week.
Estimates
Estimates provided will be honored for 14 days from the date of creation. After this time frame, the given estimate will no longer be valid, but a new estimate can be provided upon request.
Excess work
This is defined as any work involving additions to the project or changes to all pieces of finished artwork after agreed to by the client. From time to time you will require extra design requirements during a project or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the project. If the client wishes these alterations to be made they must agree in writing, and a fee of $100 per hour will be payable.
Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files or installation of your website design.
Refunds and Cancellations
Due to the nature of the design process, no refunds will be given for any reason.
Cancellations made more than 7 days prior to the posted “start” date will be charged a fee of 50% of the deposit.
Cancellations made within 7 days or less of the posted “start” date will lose their deposit in full.
Termination
Either party may terminate the contract at any time through written request. You shall upon termination pay Breazy Design Co. all unpaid amounts due for services completed prior to notice of termination.
Descriptions of Services
We endeavor to describe and display our services as accurately as possible. While we try to be as clear as possible in explaining our services, please do not accept that the site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.
Submitted Materials
You shall not upload, post or otherwise make available on this site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you.
You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to this site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual Property
Your Materials
We claim no intellectual property rights over the material you supply to Breazy Design Co.. You retain copyright and any other rights you may rightfully hold in any content that you submit through this site. Content you submit to Breazy Design Co. remains yours to the extent that you have any legal claims therein. You agree to hold Breazy Design Co. 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. By posting material on this site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Our Intellectual Property
The Site and Service contain intellectual property owned by Feast Design Co., including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Authorization
All clients agree to provide Breazy Design Co. access to any hosting, domain account, or blog account for the sole purpose of installing and updating the web product as needed.
Communication
All communication is done via email, phone, or a Google Hangout. However, a phone call or Google Hangout must be requested at least 48-72 hours in advance.
Your creative brief should be completed before the specified start date or the project will be recycled back into the queue.
During the design process, if you fail to respond in a timely manner (within 48 hours), that project is subject to an additional fee of $100 per day (until communication is re-established) or can be delayed until a time when regular communication is possible. This decision is based upon our current availability and queue.
Please note that once your project begins, if you fail to respond to emails, calls, texts, and/or any other form of communication sent by Breazy Design Co. for more than 30 days, your project will be subject to cancellation without notice. You will forfeit any funds paid to Breazy Design Co. upon cancellation.
Development and Completion
We work very hard to ensure that all projects are completed in a timely manner and will communicate with you during the entire development of the project. Most projects are completed with 2 to 3 weeks of the start date, but can take longer depending on the complexity of the project.
Proofing and Revisions
Design proofs are completed according to the specifications provided by you in the creative brief. It is your responsibility as the client to clearly express your ideas (or vision) for your project during the discovery phase of the project.
We will provide up to two rounds of revisions for each project unless otherwise specified. Additional revisions are subject to a fee of $50 per hour. Any changes to the design after installation will also be subject to our hourly rate regardless of the number of revisions used during the design process. Please ensure that any desired changes are requested prior to the installation or your design.
Promotional Use
Breazy Design Co. reserves the right to use project details for promotional materials, portfolio, and client testimonials.
Changes to the Terms and Conditions
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this site. Any use of the site by you after being notified means you accept these amendments. We reserve the right to update any portion of our site and services, including these Terms and Conditions, at any time. We will post the most recent versions to this site and list the effective dates on our Terms and Conditions page.
Third Party Resources
This site 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 Breazy Design Co.. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
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 THE SITE OR SERVICE. ADDITIONALLY, WE ARE 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 BREAZY DESIGN CO. 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 BREAZY DESIGN CO.’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM US, AND IF NO PURCHASE HAS BEEN MADE BY YOU, OUR CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
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 and Conditions, or any use by you of the Site or Service. 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.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement / Waiver
This agreement constitutes the entire agreement between you and Breazy Design Co. pertaining to this site and services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this agreement by Breazy Design Co. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
Governing Law / Venue / Mediation
This agreement shall be construed in accordance with, and governed by, the laws of the State of Mississippi as applied to contracts that are executed and performed entirely in Mississippi. The exclusive venue for any arbitration or court proceeding based on or arising out of this agreement shall be the City of Oxford, MS. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: NOVEMBER 2017
