Updated: February 2017
The following Terms and Conditions are a legal binding contract between the client and The Posh Box Web and Blog Design Studio and apply to all services offered. By accepting a quote in writing, verbally or by payment of an invoice from The Posh Box, you confirm you are in agreement of these Terms and Conditions whether you have read them or not. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between each of the parties with respect to its relationship and supersede all prior or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
All Terms and Condition and pricing are subject to modification at any time without notice and are in effect upon posting. By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. I reserve the right to change these Terms and Conditions or to impose new conditions from time to time, in which case I will post the revised Terms and Conditions on this Site. By continuing to use the Site after I post any such changes means you accept the new Terms and Conditions with the modifications.
I reserve the right to refuse services, coupons, giveaways, discounts or freebies to any individual or company I deem as unfit due to content or otherwise. This includes, but is not limited to, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright.
Domain and Hosting Responsibilities:
Before the project begins, the client is responsible for the purchase of the domain name and yearly fees thereafter. Before the project begins, the client is responsible for the purchase of hosting services and the monthly fees thereafter.
Payments and Deposits:
The Posh Box collects all payments in U.S. funds via Paypal.
For projects $99 and under, payment in full will be required before work will begin. For projects over $100, a 25% deposit of the total project cost is required before any work will begin.
All final and remaining unpaid balances will be due and payable within 48 hours of your final approval of the design. Once the final payment is made, the project will be installed and tested.
Any payments made via eCheck through Paypal will take 3-5 days to clear. Any payments made by clients who are not Paypal verified will also take a few days after payment to clear. In both instances, no work will begin until all payments have been cleared by Paypal.
Prices and Quotes:
All prices are subject to updates at any time without notice and are in effect upon posting. If you have already paid a deposit when the prices were changed, the original price is good for 2 months as long as the completed questionnaire is sent to me and you get placed on the project work list. If you have not sent me your completed questionnaire 2 months after the prices have been changed, the new prices will go into effect.
Any quotes given will be honored for 2 months after said quote is given. Once the quote has expired, a new quote will be given upon request.
Cancellations and Refunds:
You may cancel your project at any time, however; due to the digital nature of this business, SOME refunds can not be honored. With the deposit or full payment made, you will ONLY get a full refund IF I have NOT yet started working on your project. Once I start emailing you about your design and we have a few back and forth emails about the design, that means I am working on your project and no refunds will be honored.
Estimated Completion Date and Project Delivery:
The Posh Box will provide each client with an approximate project completion date depending on the size, content and functionality requirements of the project. The ability to adhere to the estimated completion date will lie in the clients availability. The client must be available during the duration of the project (except weekends or any holidays) to answer questions, get any additional supplies and for any needed approvals. If the client fails to provide requested information in a timely matter, at least within 3 days, the project will then be placed on hold and moved to the bottom of the Current Projects Wait List. The second time around, if the client again fails to provide requested information in a timely matter, the contract will be void, the project cancelled and no deposits or payments will be refunded.
The client will authorize The Posh Box to access any hosting or domain account along with all usernames, passwords any login information for the sole purpose of installing, testing or updating the website. The client should also authorize the hosting service to provide access to the client’s hosting account and any other programs needed for the design project as deemed necessary by The Posh Box. You will be able to and are encouraged to change your passwords after the project is complete.
The client will authorize The Posh Box to access any Blogger, WordPress, or image hosting accounts along with all usernames, passwords any login information for the sole purpose of installing, testing or updating the blog. Sometimes Blogger will not allow access to a second computer without putting in security information, in that case, you should then make an Author of your blog, after I accept, make me an Admin to your Blog. You will be able to and are encouraged to change your passwords and/or remove me as Admin/Author after the project is complete.
The client agrees that all communication between The Posh Box and the client is done via email. Once work on the project has begun and the initial materials have been sent to The Posh Box, the client must be available via email as much as possible in order to complete the project in a timely matter. The client agrees to reply to any correspondence from The Posh Box within 24 to 48 hours excluding weekends and holidays. Vice versa, The Posh Box also agrees to be available as much as possible for any client questions or concerns, excluding weekends and holidays.
The client also agrees to notify The Posh Box of any upcoming lengthy absences such as vacations, appointments out of town, etc., anything that would keep you from replying to emails in a timely matter, excluding weekends and holidays. Vice versa, The Posh Box also agrees to notify the client of any lengthy absences taken, excluding weekends and holidays.
Designing a website or blog to be functional in multiple browsers can require considerable extra effort and time. The Posh Box will test the new site to ensure that the design will work in the most current browser versions of FireFox, Safari, and Opera (Windows only) as of the project start date. The Posh Box can not guarantee that your design will display properly in older versions of said browsers, any other browsers not listed, or future versions of any browsers. While every reasonable effort is made to design a fully functional site, sometimes 100% compatibility is not possible.
The Posh Box warranty does not cover Internet Explorer, AOL, text-based browsers or requested special effects that have been advised against.
Mobile Responsive Compatibility: As stated above, designing a website or blog to be functional in multiple browsers can require considerable extra effort and time. Making a site mobile responsive, is no different. Making sure a site is functional on multiple devices takes time, effort and testing. However, this does not mean that the site look the same on different browsers or on devices with different size screens. Responsive means that the site is designed to be readable and aesthetically pleasing according to the device, but not necessarily look exactly the same in every device – the client’s experience of their design should be appropriate to the browser or device. Even site colors will vary among devices.
Changes, Additional Work and Satisfaction:
During the design process every effort possible will be made to create a design that the customer will be 100% happy with, not moving on to the next phase until a resolution of any minor design problem can be fixed. Any minor changes or revisions to the original approved design will be honored as long as they are “minor” and deemed minor by The Posh Box and do not change the original design and layout. During the Design and Development Phases, 4 rounds of revisions will be allowed. During the Installation/Launch and Completion Phases, 2 rounds of revisions will be allowed. Additional minor revisions needed after the revision limits have been exhausted will be $25 per revision.
Any changes or revisions to your site that go over and beyond the minor definition and change design from the original approved design or layout may not be honored and/or will be at additional fees. This is at my discretion. These fees could be at a per service rate or at an hourly rate. If The Posh Box decides to continue on with the project, the re-work and changes will be invoiced and should be paid before any additional work will be continued.
Each client will have ample time and should feel free to discuss any design elements they are unhappy with prior to the completion of each phase. With that said, The Posh Box reserves the right to continue or cancel any project, completed or not, due to excessive revisions and changes. You will be notified if you are nearing the point of excessive revisions. You are urged to stay within reason. If The Posh Box decides to cancel the project, no refunds of any kind will be honored.
The Posh Box takes every effort to provide a site that meets the needs of the client as expressed by the client and to provide the site error-free. Although some errors are nearly inevitable, The Posh Box agrees to correct any content spelling, linking or coding errors recognized in the project.
Clients will have a period of 4 weeks after the installation of the design to test all links, pages, check for any spelling or grammatical errors, minor fixes, coding errors, etc., and report them to The Posh Box as soon as possible to ensure the issues can be taken care of in a timely manner. Any issues or fixes needed after the 4 weeks will be quoted and billed at a per service rate.
Changes or additions to the original approved design, colors, images, site coding, etc., are NOT part of the normal 4 weeks of customer service. Any changes or additions to the original approved design, colors, images, site coding, etc., before or after your design is installed will be quoted and billed at a per service rate or an hourly rate.
Credits and Links:
All websites and blogs require text links back to the original graphic artist and to The Posh Box on the bottom of each web page or blog establishing artwork, design and development credit. Additionally, all blogs require a copyright banner establishing design and development credit to The Posh Box. The links and banners will remain in place indefinitely until such time as the site or blog design is no longer used and published on the internet. Removal or modification of credits or banners is strictly prohibited and is punishable by law.
IMPORTANT: The Posh Box reserves the right to display small portions of, or screenshots of your completed project as examples to be included in my portfolio as well as listing the link to your site for full preview of my work. With this said, your site or blog can not be private or for invited readers only.
Graphics, Artwork, Text, Copyrights and Trademarks:
The Posh Box is happy to support graphic and scrapbook artists who allow commercial usage either by purchasing a membership to their site or by purchasing their commercial graphics, clipart, scrap elements or fonts. However, The Posh Box does create some design elements and graphics. Artist copyright information will be noted on each page of the website or blog.
Usage of Licensing Company Artist Graphics: These graphics and tubes are for non-profit personal use ONLY! The Posh Box can not and will not use any of these artist graphics and tubes for the creation of any website or Blog. I have licenses from several of these companies, but they are for my personal use only.
Client supplied Photos, Artwork, Graphics and Text: The client unconditionally guarantees that any elements of graphics, photos, artwork, clipart, trademarks, or text furnished to The Posh Box to be included in the design are owned and/or written by the client, or the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend The Posh Box from any claim or lawsuit arising from unlawful use of any elements furnished by the client. In most cases, proof of permission to use graphics, photos, clipart, artwork or text will be requested and should be supplied to The Posh Box.
Usage of Images Created for Blogs and Websites:
NO graphics/images created for any website or blog are to be used for any other reason, they must remain as created for your website or blog only. For instance, you can not take the header, background or any other image used on your blog or website and use them for your Twitter, Facebook, or any other Social Network or cut it down and made into a banner, etc. The only items that you can use elsewhere are any avatars, signatures and banners/buttons that I create for you.
NO graphics/images created for any website or blog are to be used for any print project/job. The header created for your blog or website is NOT a logo and can not be used for print. Any print project/job includes the following but is not limited to: business cards, postcards, invitations, letterhead, email staionary, brochures, handouts, company banners or signage, t-shirts, clothing, cups, totes, gifts or any other print project. If you need a logo for print purposes, please contact me.
Ownership of Artwork, Graphics and Design:
The Posh Box owns copyright to the finished design produced for the client. The client is assigned limited usage, NO modification rights to use the design elements, coding, templates, etc., as intended for their site or blog only, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs provided and used by The Posh Box are specifically not transferred to the client, and remain the property of their respective owners: The Posh Box or any Graphic Artists arwork used in the design.
Any graphics, text and elements supplied by the client shall remain the property of the client or their respective owners. Any commercial materials purchased for the creation of any site shall retain the copyright to the original creators and not The Posh Box and shall contain the proper copyright notice on each web page the artwork is used on. The client is prohibited from removing any copyright notices and will be subject to legal action in doing so.
Under no circumstances is the coding, design, graphics/artwork or elements be altered, changed, copied, given or resold to any other persons or designers. It must be used and displayed the way it was created and delivered to you by The Posh Box. You may not have other persons or hire another designer to alter, change or update the design. You may not have other persons or hire another designer to move the design from one web platform to another. You may however, remove the whole design, graphics and coding from your site and no longer use it. No refunds will be given.
For more information on the ownership of artwork and design and copyright laws, please read this page.
The client agrees to indemnify and hold The Posh Box harmless without exception or limitation from all liability, expenses, claims, action, fees, losses or damages caused by the direct or indirect use of services/products from The Posh Box at any time and by any party.
Third party applications and widgets, etc., such as subscription options, contact forms from outside services, chat boxes, shout boxes, hit counters, online user counters, slideshows, photo galleries, etc. ANY third party application that is approved by the client and installed to your site by The Posh Box. All applications that I offer to my clients come from reputable websites and companies. The client agrees to indemnify and hold The Posh Box harmless without exception or limitation from all liability, expenses, claims, action, fees, losses or damages caused by the direct or indirect use of those services/products at any time and by any party.
The client agrees to indemnify and hold The Posh Box harmless without exception or limitation from all liability due to any errors caused by changes or modifications being made to any of our designs or templates by the client or any third party (family member, friend, another design studio).
Electronic Commerce Laws:
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend The Posh Box from any claim, suit, penalty, tax or tariff arising from the client’s exercise of Internet electronic commerce.
Further Legal Notice:
Notwithstanding anything to the contrary contained in this contract, The Posh Box cannot warrant that the functions contained in the project will be uninterrupted or error-free. The entire risk as to the quality and performance of the project is with the client. In no event will The Posh Box be liable to the client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, you or your site visitor’s computer or internet software.
The Posh Box shall not be deemed in breach of this Agreement if The Posh Box is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of The Posh Box or any local, state, federal, national or international law, governmental order or regulation or any other event beyond The Posh Box’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, THe Posh Box shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completionof the Services.
Design No Longer In Use or Not Ever Used:
The Posh Box retains the right without any written notice to you to use the custom design created for you in my Ready2Go Blog Designs AFTER you have decided to no longer use it OR if you have not used the design created for you within three months of installation.