TOU / TOS

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Terms Of Use/Terms Of Service

DESIGN QUOTES, PROJECT ACCEPTANCE AND CONTRACTS

After all fees and services have been negotiated, agreed upon and accepted by both the Client and Skewed Design Studios, and the Design Services Contract has been e-signed and received via email by both parties, the Client will pay a deposit. This will place the Client in queue on the Design Schedule.

PAYMENTS AND DEPOSITS

Skewed Design Studios accepts payments via Serve by American Express or Money Orders/Cashier Checks sent by U.S. Mail only. However, the Client will not be placed in queue or on the Design Schedule until the check or Money Order has cleared the company bank account. After the design project has been accepted by both parties, the Client will receive an invoice for 50% of the total quoted price. This is a non-refundable deposit and must be paid by the date on the invoice. The remaining balance may be paid at any time prior to the installation date. However, after Client approval of the initial completed design, any requested changes or edits to the project are subject to a fee of $45 per hour.

Due to the digital nature of the services provided, there are no refunds on deposits or after any design work has begun.

COMMUNICATION

The sole communication method during the design process is via email, as it keeps a detailed record for both the Client and Skewed Design Studios to reference. Phone calls, in-person meetings and other forms of communication may be used by appointment only. Outside of the Client’s scheduled design period, email responses may take up to 72 hours. However, during the design term (after the Client has received the first draft), email turnaround time could take as little as a few moments to a few hours. It is therefore imperative for the Client to check his/her e-mail frequently during this period. Unacceptable forms of communication regarding the design project include FaceBook, Twitter, and any and all public social media outlets unless previous arrangements have been made.

DESIGN PROCESS

The Client will be asked questions via email and/or sent a Design Questionnaire about what he/she wants their design to look like (colors, textures, images, fonts, function, etc.), it is the Client’s job to answer those questions as fully as possible.

The Client needs to provide Skewed Design Studios with all images and fonts he/she wants used in their design. Alternatively, the Client can pay Skewed Design Studios an extra fee to find images and/or fonts for them. Stock images found at iStock, Fotolia or Dreamstime for use in Client’s design can be purchased by Skewed Design Studios on the company’s account. Fees for stock images must be paid in advance.

If the Client is unsure of where to search for stock images, Skewed Design Studios can provide Client with links to sites that the Studio utilizes.

Once Skewed Design Studios has all the information needed from the Client, the design project will begin, according to the Design Schedule. Skewed Design Studios has test sites which are used to develop designs. When there is a draft to show the Client or something that needs Client’s approval, a link to the development site will be sent via email for review.

If Skewed Design Studios is not provided with all required information, Client’s design cannot be completed in a timely manner.

All designs/graphics created using AdobePhotoshop CS5.

REVISIONS

The Client will be allowed three {3} minor revisions of the design. Any revisions over that amount will incur an additional fee of $30. If the Client requests a revision that amounts to a whole new design, the Client will be charged the fee for a new design or $40/hour until project completion.

INSTALLATION

After the Client has approved the design, the remaining balance has been paid and Client has e-signed and returned the Design Acceptance Form, it will be installed on Client’s site(s) within 7 business days, provided that access to the Client’s site has been granted and there are no issues with Client’s domain name or hosting accounts. Actual installation and launch dates may vary depending on requested revisions. Sometimes issues come up once a design is loaded on to the Client’s site and it is Skewed Design Studios’ job to find a way to fix them. Therefore,

  • The Client MAY NOT bring in another designer or person to work on any Skewed Design Studios design or coding while Skewed Design Studios is still in the process of completing the project, even if it is already live on Client’s site.

Skewed Design Studios is not responsible for the arrangement or content of widgets. However, if it is a brand new site and the Client provides the text he/she wants added, this service can be added for an extra fee.

The Client is responsible for making a back-up of their site(s) prior to design installation.

If drastic and unforeseen circumstances arise which prevent Skewed Design Studios from completing the Client’s design on time, Skewed Design Studios will e-mail Client to discuss further arrangements.

PRIVACY POLICY

During the design process you will be asked to provide login information for various web accounts. This access is necessary to install your design and will not be shared with anyone other than Skewed Design Studios.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

ALL drafts of blog, web, graphic, logo or business card designs, or any part thereof, sent to Client for approval remain Skewed Design Studios’ intellectual property. Use of any draft graphic by the Client or Client’s representative for ANY reason constitutes an infraction. Violations of this Term will result in criminal and/or civil prosecution.

By contracting with Skewed Design Studios for a blog, web, graphic, logo or business card design, the Client is also purchasing the images created for them, with exceptions as noted below. The Client may use these for branding, social media and any other media Client chooses to use the graphics on, with exceptions as noted below. However, design images are web-resolution only.

  • High resolution images for printing or logos must be purchased separately.

Whether the Client is using a design that was free or a design that was purchased, the Client must comply with Skewed Design Studios’ Terms of Use/Terms of Service. Not adhering to the Terms is Copyright Infringement and may be considered a violation of Skewed Design Studios’ Intellectual Property Rights.

  • The Client or Client’s representative may not redistribute, resale, or claim Skewed Design Studios designs or work as their own.
  • Any altering of images or graphics violates the Terms of Use.
  • The Skewed Design Studios design credits (graphic and/or text) must remain on any URL where the design will appear with the exception of social media outlets.
  • The Skewed Design Studios graphical design credits must stay in the sidebar and cannot be moved to the widgeted footer area of your blog or site, unless a prior agreement for design credits has been made.
  • Removal of Skewed Design Studios credits violates the Terms of Use.

Exceptions to use of graphics for social media and branding:

  • Images and graphics cannot be altered in ANY way for ANY reason, by the Client or a different designer.
  • Skewed Design Studios retains Intellectual Property Rights on any and  all graphics created for the Client.

Any deviation will be considered a violation of the TOU/TOS, Copyright Infringement, violation of Skewed Design Studios’ Intellectual Property Rights and will be dealt with according to the prevailing laws of California and/or The United States of America.

RIGHTS OF REFUSAL

Skewed Design Studios reserves the right to refuse service to anyone for any reason at any time before, during, or after the design process. Designs may be removed or canceled without warning or refund based on certain criteria which includes, but is not limited to:

  • Obscene, profane, racist, discriminatory, harassing, indecent, or explicit content on any public blog or website which the Client owns or publicly contributes to.
  • Any unfavorable, pejorative, or slanderous remarks about Skewed Design Studios, its supporters and/or Clients on any public platform; and any other unfavorable representation that Skewed Design Studios may incur via the Client or potential Client.

Skewed Design Studios will not refuse service on the basis of race, color, religion, creed, sex, national origin, age, disability, Veteran status or sexual orientation.

This document will act as your Usage License. This License is valid as long as Skewed Design Studios’ design, in part or in whole, is used on the Client’s site.

If you have any questions, please email shan[at]SkewedDesignStudios[dot]com or by using the contact form on the “Submit A Testimonial” tab.

† Terms subject to change at any time without notice.

Submit A Testimonial

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