TERMS OF SERVICE

Claire Voyant Does Not Work here

I am a media professional, not a mind reader. Your openness, honesty about your skillset, your understanding of how processes work are critical to the success of your project. 

Often, I will use terms and phrases that may seem foreign to you. This is common, as we only know what we know. (Know this: I will also ask you extensively about your business and what you hope to achieve with my work for you as well.) if you do not understand something, just ask. I enjoy being able to empower and educate you.

Conversely, if I state that something has to be done a certain way, this is solely because it is something completely out of my control, like printing specs or website design. I will notify you immediately of these items, and know that they are non-negotiable because I have no control over them. However, this does not mean there aren't workarounds and options, and I will resent those to you as they arise. 

I will also not enter into a contract if I believe I cannot provide the services you are looking for. I may be great at many things, and an expert in others, but this does not imply that I am Leonardo Da Vinci, either. 

You Must Be Ready

You must be ready to work when I work for you. I am happy to discuss what I can do for you, what my skillset is, things I cannot do, what you need your project to look like, etc. I actually enjoy getting to know you and your needs and assisting you in meeting your goals.

However, you must also be ready. I do not accept work in segments or piecemeal unless we have discussed this prior to my starting an assignment for you and it fits within our agreed upon timelines. Your best bet is to have ALL of your content ready at the start, including text and images, if required. The process works fastest this way, and allows me to troubleshoot any issues in one complete shot (like resolution of images you provide).

Your finished work will be presented to you as such. once you have it in your hands, so to speak, it is from that point we make adjustments, not during to project itself, with the exception of props you provide not fully being operational or models of your choosing not making their appointments. It happens. 

Contract

This page on my website, www.aceofspadespdx.com, serves as my general service contract. You will be required to read it and agree to it prior to any project we enter into agreement on. 

When the first billing takes place, this contract shall be enforced fully. This is done to keep all transactions as paperless as possible, so understand if there are things you believe you need to modify, they must be done prior to your first billing. 

Payments

I only accept PayPal. If you wish to pay with with a credit or debit card, you can, though my PayPal account. 

Go to the following website: https://www.paypal.com/home

My account is my e-mail address: benbrownjunior@gmail.com

Work will not begin on your project until payment is made. 

Billing

All invoices are due immediately upon receipt. NO EXCEPTIONS.

When we enter into an agreement, you will be billed for 50% of the total amount prior to any work beginning on any project. once I begin work on your project, even if you decide to terminate the work, this is non-refundable. 

Any items that I do not have in my possession or provided by you (such as props for a photo shoot, domain registration fees and set-up or software I much purchase for your website) is above and beyond any design fees, and is also due prior to work being done. These items are typically fixed, and I will have done a considerable amount of research to obtain best pricing for you, sometimes even being able to get you discounts, especially on web hosting services. 

If I am able to obtain a discount for you, you will be notified immediately, and you will have the option of being refunded that money immediately or having it apply to your balance for the finished product. 

You will receive an itemized invoice for any transaction between us, as well as receipts for any items I purchase for your product. 

When your project is finished, you will not receive digital files or have your website activated until final invoicing is paid. Additionally, when final payment is made, your finished project becomes your responsibility, and I make no guarantee on its success.

Warranty

All digital documents will be ready for the application you wish to use them in, such as print or web use. if you need mixed use design items, that must be stated prior to any work being done on your project.

All website services come with a six-month warranty against defects. Things I will not cover:

  • Live feed video feeds from your sites (as I will not know what applications or computer configuration you have).
  • An adjustment to coding, including downloading widgets and plug-ins I have not tested for your site.
  • Any web hosting services I do not provide directly. 

Refunds

I am not offering refunds on any of the downloadable, virtual or web service items here. I will give refunds on physical items if:

  • The item is damaged in transit, for which I will need documentation from the USPS or
  • The item is unopened, for which you will pay for all shipping fees and a 50% restocking fee.

Final design, writing or photography, work, if not accepted, will not have the 50% down payment refunded. 

Website Training

Once your website is set up, I will be happy to train you, either in person if you live in the the Portland metro area or online via Skype or Google Hangouts.

What I do is provide a service that empowers you, so having you understand how it works is critical.

And yes, there will be questions and hiccups from time to time, and yes, I will do what I can to rectify issues for six months at no cost and assist you with new functionality if needed.

Website training happens at your at time we schedule together. Missing this appointment will incur a fee prior to training (see "Timelines"). 

Timelines

Your timeline starts the moment I send you your initial invoice. 

You must adhere to timelines. NO EXCEPTIONS WITHOUT PRIOR CONSENT IN WRITING FROM ME. You would not believe how often I have been left holding the bag while someone decides they want to go on a vacation or party weekend instead of getting things done for their business. Everyone has their priorities. Mine is to work for you. 

If you miss your timeline (having content not ready is the #1 reason for this), you will be charged an additional 20% per week for each deadline you miss. I work incredibly fast and at a rates that are very reasonable and fair. If your project exceeds the agreed upon deadline, you more than likely will be cutting into someone else's project. I can and do multi-task, but some things, especially things like photo shoots and original illustrations, require dedicated time. 

Your Info

Because of the nature of some of our transactions, particularly in regards to internet applications, I will need the following from you prior to your first billing. The information you give will appear on your invoice as your information on the record.

  • Your full, legal, business name
  • Your business or home address
  • Your e-mail address
  • Your telephone number.

 

Web Hosting and Advertising

Advertising is very common on many websites. You will notice something about my site: I do not carry it, as I wish to promote my business solely with this medium. 

  • I do offer web hosting to small businesses, artists and non-profits for a very small fee, well below industry average. However, you must not accept advertising on your site if I host you. This very large discount allows you to have technology available to you in the continuing effort of supporting your work, not generating revenue through a third party. 
  • If you wish to have advertising on your site, you must host yourself, and I can find you good, solid and reliable hosting for you. I make no money from this, and only provide these services to meet your needs.
  • You are also more than welcome to find hosting on your own if that suits your needs. 

What I Will Not Do

There are some things I do not do and some services I do not provide. My work runs the gamut from very family-friendly to risque and controversial. 

  • I will not work on any project that engages in illegal activity. I do make exceptions for health outreach (such as IV drug users, for example) and that must be discussed prior. 
  • I will not work on any project that is pornographic in nature. I do make exceptions for nudity, and that must be discussed prior.