Terms and Conditions
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Thank you for choosing FATIMA HACHEM Design. Please read the following very carefully as it describes the terms and conditions incorporated and included into every FATIMA HACHEM Design Project Proposal. It is the responsibility of you, the user, client(s), or prospective client(s) to read the terms and conditions before proceeding to use the site FatimaHachem.com or accept a FATIMA HACHEM Design Project Proposal.
Your acceptance of a FATIMA HACHEM Design Project Proposal constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and FATIMA HACHEM Design. If you do not agree to these Terms, you may not access or make use of FATIMA HACHEM Design services. These Terms expressly supersede prior agreements or arrangements with you. No other agreement whether verbal or written shall be in effect, except where agreed to and authorized in writing by FATIMA HACHEM Design.
The term “Designer” refers to FATIMA HACHEM.
The terms “Client(s)”, “you”, refer to site customers, users, clients, and any other financial investors of FATIMA HACHEM services.
The term “Project Proposal” or “proposal” shall refer to the customized services, plans and fees Designer has created for Client.
The term “preliminary works” shall refer to any design or development deliverables, tools, phases, or prelaunch website work done in preparation for final launch and delivery.
The terms of this Agreement expires 14 days after being submitted to Client. If this Agreement expires, Designer may modify the Agreement and resubmit it to Client.
Client agrees to pay Designer the fees listed in the Project Proposal. Pricing in the Project Proposal includes only Designer fees. Any other costs, such as hosting, premium theme, art licensing or photography, must be purchased by Client.
Payment is due when Designer completes each milestone as listed in the Work Plan and Milestones schedule, and Client accepts the Deliverables for that milestone. All invoices are payable within 7 days of receipt. Invoices shall list any expenses and additional costs as separate items.
Client’s failure to pay any invoice within 5 business days from the date the invoice was sent by Designer, shall be in breach of their Agreement and Designer shall have the right to discontinue providing Services until such unpaid invoices are paid in full. Client’s failure to pay any invoice is also a breach of this agreement and Designer reserves the right to terminate the agreement in its entirety.
All grants of any license to use or transfer ownership of any intellectual property rights under this Agreement are conditioned on full payment, including all outstanding Additional Costs, Expenses, Fees, or any other charges.
Changes to Project Scope
If Client wants to change the Scope of Work after acceptance of this Agreement, Client shall send Designer a written Change Order describing the requested changes in detail. Within 5 days of receiving a Change Order, Designer will respond with a statement proposing designers availability, additional fees, changes to delivery dates, and any modification to the Terms and Conditions. Designer will evaluate each Change Order at its standard rate and charges. Client will be billed on a time and materials basis at Designers hourly rate of USD$65 per hour. Such charges shall be in addition to all other amount payable under this Agreement, despite any maximum budget, contract price or final price identified. Designer may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes. Client will have 5 days to respond in writing accepting or rejecting the new proposal. If Client rejects the proposal, Designer will not be obligated to perform any services beyond those in the original Agreement.
Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables. Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, delays in deliveries of materials, changes to the scope of the Services by Client, the failure by Client to timely provide instructions or information or any other cause beyond the control of Designer.
Evaluation and Acceptance
Client shall, within 5 business days after receiving each Deliverable, notify Designer in writing of any failure to comply with the specification of the Project Proposal or of any other objections, corrections or changes required. Designer shall, within 5 business days of receiving Clients notification, correct and submit a revised Deliverable to Client. Client shall, within 5 business days of receiving a revised Deliverable, either approve the corrected version or make further changes. If Client fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted. All objections, corrections and changes shall be subject to the terms and conditions of this Agreement.
Accreditation and Promotion
Designer shall be entitled to place accreditation, as a hyperlink, in the form, size and location as incorporated by Designer in the Deliverables on each page of the Final Deliverables. Designer retains the right to reproduce, publish and display the Deliverables in Designer’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.
All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only be used as needed to perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.
Relationship of the Parties
Designer is an independent contractor. Designer shall determine, at sole discretion, the manner and means by which the Services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Designer and the work product or Deliverables prepared by Designer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Representations and Warranties
Client represents and warrants to Designer that to the best of Client’s knowledge, use of the Client Content does not infringe the rights of any third party. Designer represents and warranty to Client that to the best of Designer’s knowledge, the Deliverables will not violate the rights of any third parties.
Indemnification and Liability
Client shall indemnify Designer from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in Deliverables at the request of the Client.
The services and the work product of designer are sold “as is.” In all circumstances, the maximum liability of designer, its directors, officers, employees, design agents and affiliates (“designer parties”), to client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of designer. In no event shall designer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by designer, even if designer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
Term and Termination
This agreement shall begin when both parties sign and shall continue until all Services are complete and delivered, or until the Agreement is Terminated. Either party may terminate this agreement at any time, on written notice to the other party, if the other party
- Ceases to conduct business in its normal course;
- Makes an assignment for the benefit of creditors;
- Is liquidated or otherwise dissolved;
- Becomes insolvent;
- Files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it.
In the event of termination, the Client shall pay Designer for the services performed through the date of termination in the amount of a prorated portion of the Designer fees due. Client shall pay all other expenses, fees, and additional costs incurred through the date of termination.
If this contract is terminated by the Client, Designer is not responsible for the return of any down payments made by the Client.
In the event of termination, the Client shall return all preliminary works and all designer tools to the Designer. Further, the Client will no longer have license to use any preliminary works and the designer tools.
Designer grants to Client a non-exclusive, perpetual and worldwide license to use and display the Final Deliverables in accordance with this Agreement. The rights granted to Client are for use of the Final Deliverables in its original form only. Client may not change, create derivative works or extract portions of the Final Deliverables.
Designer retains all rights in and to all Preliminary Works. Client shall return all Preliminary Works to Designer within 30 days of completion of the Services. All Designer Tools are and shall remain the exclusive property of Designer. Designer grants Client a nonexclusive, nontransferable, perpetual, worldwide license to use the Designer Tools solely to the extent necessary with the Final Deliverables for the Project.
During the first 1 month following expiration of this Agreement, Designer shall provide up to 48 hours of Support Services at no additional cost to Client. Support Services means commercially reasonable design and customization support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies. Requests for additional support will be billed on a time and materials basis at Designers standard hourly rate of USD$65. The services in the Warranty Period do not include enhancements to the Project or other services outside the scope of the Proposal.
Alteration of any Deliverable is prohibited without the express permission of Designer. Designer will be given the first opportunity to make the required alterations. Unauthorized alterations shall constitute additional use and will be billed accordingly.
Parties agree to attempt to resolve any dispute by negotiation between the parties.
Purchasing Agreement for Packages + Services
Please keep in mind that all deposits are nonrefundable as it is a way of securing your spot in FATIMA HACHEM’s schedule. The nonrefundable deposit is a way of securing payment and making sure clients are completely invested in moving forward with their design project.
Project schedules will be defined and adhered to by both the client and FATIMA HACHEM, provided that neither shall incur any liability, penalty, or additional cost due to delays caused by any acts beyond the control of the client or FATIMA HACHEM. If or when project schedules are not adhered to by the clients, final delivery and launch date(s) will be adjusted accordingly and may result in additional fees.
Refusal of Service
The Packages/Services offered are subject to acceptance of your order or requests. FATIMA HACHEM reserves the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so. No order is deemed accepted by FATIMA HACHEM until payment has been processed.
The Site and its original content, features, and functionality are owned by FATIMA HACHEM, unless otherwise specified.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new FATIMA HACHEM properties, shall be subject to the Terms of Service.
FATIMA HACHEM does her absolute best to link back to contact and images found from other sources, both via click-throughs and image credit listings. If you ever feel like any content provided doesn’t accurately credit the original source, please contact email@example.com so that the attribution can be adjusted.
- Use photos and resources from this Site, but please link back to this blog and/or the original creator as your source.
- Re-post a summary of an article (up to 100 words) with a link back to the original post.
- Print resources/content/posts of site for non-commercial use (up to 20 copies only) as long as you include the following copyright notice: “©FATIMA HACHEM Design. All rights reserved. Originally published at fatimahachem.com”
- Link to site as a resource along with proper attributions where appropriate.
You may not:
- Re-post content in its entirety.
- Alter or sell any content or intellectual property on this Site.
You may comment anonymously or under a name/username. The email address you use to submit your comment will not be displayed on the site, and will not be sold or used to contact you unless you personally request to be contacted.
You retain ownership of your comments left on the site; you simply grant FATIMA HACHEM a license to post your comments. This license is irrevocable, non-exclusive, worldwide, and royalty-free. You grant FATIMA HACHEM the right to store, transmit, display, use, publish, reproduce, and distribute your comments in any format, including but not limited to a blog, in a book, in a presentation, in a class, or in a video.
Use of any vulgar or inappropriate language/links in comments will result in the disapproval and/or removal of that comment.
Intellectual Property Right to Your Content
FATIMA HACHEM claims no intellectual property rights over the material you supply to FATIMA HACHEM Design. You retain copyright and any other rights you may rightfully hold for any content that you submit through the Site or Service.
Links to Other Sites
This Site may contain links to third-party sites that are not owned or controlled by FATIMA HACHEM or by fatimahachem.com.
To help expand services to you and/or cover the costs of running the site, some of the links on this site may be ads, partners, or affiliates. This means FATIMA HACHEM may receive small commission if you purchase from the linked sites. FATIMA HACHEM only link to products and services that are personally used and would recommended without financial incentives.
Changes to This Agreement
FATIMA HACHEM reserves the right, at sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes, constitutes your acceptance of the new Site Terms and Conditions.
If you have any questions about this Agreement, please contact at firstname.lastname@example.org.
This agreement was last modified on October 24, 2016.