Terms and Conditions

Web Design and Web Development

Standard Web Design and Website Development Terms and Agreements

  • Any work requested outside of the original work agreed upon will be evaluated for additional time and costs at the a la carte rate.
  • 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.
  • You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide Dual Pixel Designs LLC for inclusion in the website are either owned by your good selves, or that you have permission to use them. You are responsible for any legal action. if it is found that any materials provided to Dual Pixel Designs was not owned by you or you did not have permission to use them.
  •  Dual Pixel Designs LLC requires at least 48 hours advance notice for most projects. This will ensure a timely and successful project, however we understand the need for RUSH projects and will accept rush jobs at our own discretion.
  • A lag in providing any agreed upon elements of text, graphics, photos, etc. in a timely manner will result in a delay of production. Dual Pixel Designs LLC will use time wisely and efficiently; however, projects can only proceed so far without requested provisions. Delays being correlated to receipt of materials (e.g. A 2-week delay in content provision will delay the entire project by 2 weeks possibly longer).
  • When we receive your payment Dual Pixel Designs LLC will provide a copy of all deliverable, un-editable files which should then be stored in a secure and safe place. Dual Pixel Designs LLC is NOT responsible for storing backup files. The files provided to you will be considered as the originals and are the owner’s responsibility to store, backup, etc.
  • Dual Pixel Designs LLC loves to show off our work and share what we have created with other people, so we reserve the right to display and link to your completed project as part of dualpixeldesigns.com. We may also write about the project on websites, in magazine articles and in books about web design.
  • Client will have the rights to edit selected images, text and video on the website.   Client will have editing privileges but be restricted on modules that may “break” or create downtime for the website (Unless given explicit permissions somewhere else in this document).
  • If  Client decides to manage the project after completion,  Client  will be responsible for website after the 45 day quality warranty that is included with every Dual Pixel Designs LLC website.

Hosting

  1. If Client decides to proceed without using Dual Pixel Designs LLC suggested hosting through Dual Pixel Designs LLC . Client recognizes Dual Pixel Designs LLC cannot be held accountable for issues that may be related to the hosting server/provider.  This includes, but is not limited to: Slow page loading, website crashing, etc.
  2. If Client decides to proceed with using Dual Pixel Designs LLC suggested hosting Dual Pixel Designs LLC will do our very best to deliver a website that loads within an acceptable load time, a website free of errors, crashing or any other server related issue for 2 months from the launch date.

Usage Rights

  1. If Client prefers to make changes to the website themselves, Dual Pixel Designs LLC can create the website to be editable by Client in the following ways:
    1. Blog entries
    2. Basic Image/Videos/Text entries within pages

ADA Compliance

Dual Pixel Designs web team is full capable of creating ADA compliant websites, however you must request an ADA compliant website. This will require an additional cost on top of the current price.


Contract Termination

If the contract agreed to has been requested to be terminated by the client all hours must be paid in full. Dual Pixel Designs LLC  has allotted a set number of hours for the contract and therefore must charge a contract termination fee. This termination (3.5%) fee will apply to the monthly cost and will help Dual Pixel Designs LLC  re allocate our hours appropriately.

If the Project’s invoice has an outstanding balance past 90 days or there has been a delay in production over 90 days, Dual Pixel has the right to terminate the project. A refund maybe requested ( but not guaranteed) from Dual Pixel, however the termination fee and remaining invoice balance will be the responsibility of the customer.

Intellectual Property:

All products relating to work performed by Dual Pixel Designs LLC under this engagement will remain our property until payment for services is received in full. Upon receipt of payment in full, all rights to final deliverables will be automatically transferred to Client without the necessity of further action. Working files and creative concepts not accepted or purchased will remain our property. Dual Pixel Designs LLC reserves the right to use work samples in online and print portfolios. Client must be the copyright holder for all materials supplied to Dual Pixel Designs LLC, or have permission to use the materials from the copyright holder. Dual Pixel Designs LLC is not responsible for any copyright violations. As allowed by law, the Client shall indemnify the designer against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for the uses that exceed authority granted by release.

When we receive your payment Dual Pixel Designs LLC  will provide a copy of all deliverable, un-editable files which should then be stored in a secure and safe place. Dual Pixel Designs LLC is NOT responsible for storing backup files. The files provided to you will be considered as the originals and are the owner’s responsibility to store, backup, etc.

Limitation of liability and dispute resolution:

Clientagrees that it shall not hold the Dual Pixel Designs LLC or its agents or employees liable for any incidental or consequential damages that arise from the failure to perform any aspect of the project in a timely manner, or that result from causes reasonably beyond the control of the Dual Pixel Designs LLC or its agents or employees. In no event shall Dual Pixel Designs LLC be liable for indirect, incidental, or consequential damages, including, without limitation, loss of profits or interruption of business.

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.


Print Design and Graphic Design

Standard Design Terms and Agreements

  • Any work requested outside of the original work agreed upon will be evaluated for additional time and costs at the a la carte rate.
  • 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.
  • You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide Dual Pixel Designs LLC for inclusion in the website are either owned by your good selves, or that you have permission to use them. You are responsible for any legal action. if it is found that any materials provided to Dual Pixel Designs was not owned by you or you did not have permission to use them.
  •  Dual Pixel Designs LLC requires at least 48 hours advance notice for most projects. This will ensure a timely and successful project, however we understand the need for RUSH projects and will accept rush jobs at our own discretion.
  • A lag in providing any agreed upon elements of text, graphics, photos, etc. in a timely manner will result in a delay of production. Dual Pixel Designs LLC will use time wisely and efficiently; however, projects can only proceed so far without requested provisions. Delays being correlated to receipt of materials (e.g. A 2-week delay in content provision will delay the entire project by 2 weeks possibly longer).
  • When we receive your payment Dual Pixel Designs LLC will provide a copy of all deliverable, un-editable files which should then be stored in a secure and safe place. Dual Pixel Designs LLC is NOT responsible for storing backup files. The files provided to you will be considered as the originals and are the owner’s responsibility to store, backup, etc.
  • Dual Pixel Designs LLC loves to show off our work and share what we have created with other people, so we reserve the right to display and link to your completed project as part of dualpixeldesigns.com. We may also write about the project on websites, in magazine articles and in books about web design.

Contract Termination

If the contract agreed to has been requested to be terminated by the client all hours must be paid in full. Dual Pixel Designs LLC  has allotted a set number of hours for the contract and therefore must charge a contract termination fee. This termination (3.5%) fee will apply to the monthly cost and will help Dual Pixel Designs LLC  re allocate our hours appropriately.

Intellectual Property:

All products relating to work performed by Dual Pixel Designs LLC under this engagement will remain our property until payment for services is received in full. Upon receipt of payment in full, all rights to final deliverables will be automatically transferred to Client without the necessity of further action. Working files and creative concepts not accepted or purchased will remain our property. Dual Pixel Designs LLC reserves the right to use work samples in online and print portfolios. Client must be the copyright holder for all materials supplied to Dual Pixel Designs LLC, or have permission to use the materials from the copyright holder. Dual Pixel Designs LLC is not responsible for any copyright violations. As allowed by law, the Client shall indemnify the designer against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for the uses that exceed authority granted by release.

When we receive your payment Dual Pixel Designs LLC  will provide a copy of all deliverable, un-editable files which should then be stored in a secure and safe place. Dual Pixel Designs LLC is NOT responsible for storing backup files. The files provided to you will be considered as the originals and are the owner’s responsibility to store, backup, etc.

Limitation of liability and dispute resolution:

Clientagrees that it shall not hold the Dual Pixel Designs LLC or its agents or employees liable for any incidental or consequential damages that arise from the failure to perform any aspect of the project in a timely manner, or that result from causes reasonably beyond the control of the Dual Pixel Designs LLC or its agents or employees. In no event shall Dual Pixel Designs LLC be liable for indirect, incidental, or consequential damages, including, without limitation, loss of profits or interruption of business.

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.