Agreement between TMY Design and business or individual requesting services from TMY Design. The client/individual is subject to the following terms and conditions. By submitting your design request you are agreeing to the following terms below.
GENERAL WORKING AGREEMENT – This document defines the terms and conditions of our working relationship. All projects or services that TMY Design Co may be contracted to produce or provide for CLIENT will be subject to the following:
PAYMENT/ESTIMATES – CLIENT agrees to pay TMY Design in accordance with the terms specified in each proposal/estimate. Unless otherwise specified, all payments are due in full before any design of your website or profile is published onto any public or private profile or online presence. Client requests for enhancements to the original site will be due and billed separately and at the time of request.
COPYRIGHT OF TMYDESIGN – Unless otherwise specified and agreed to in advance, TMY Design reserves the right to publish a non-intrusive copyrighted logo on the profile page for promotional purposes. Removal of the banner or logo will result in an infringement of the contract stated and may result in legal action.
REFUND POLICY – TMYDesign does not allow refunds on services that have already begun the design process. Once the design process has begun, the CLIENT is ineligible for a refund. TMY Design is in no way obligated to refund complete payment. By accepting these Terms of Service, you are agreeing that no chargebacks will be placed or refunds be demanded. Failure to meet these terms could result in legal action.
REVISIONS AND ALTERATIONS – New work requested by CLIENT and performed by TMY Design after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a revised additional fee to you and must be agreed to by both parties before further work proceeds. Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.
OVERTIME – Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “Priority Scheduling” requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate.
NATURE OF COPY – CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.
ERRORS AND OMISSIONS – It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. TMY Design is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.
LIEN – All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied.
RIGHTS OF OWNERSHIP – Once a project has been delivered by us and is fully paid for by CLIENT, TMY Design will assign the reproduction rights of the design for the use(s) described in the proposal. We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
TERM AND TERMINATION – TMY Design, at its sole discretion, may terminate its service and remove and discard any Content, for any reason, including and without limitation, if TMY Design believes you have violated the TOS. TMY Design may also at it sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of this TOS may be effected without prior notice and that TMY Design may deactivate or delete Client’s account and all related information files. You agree that TMY Design shall not be liable to Client or any third-party for any termination of Services. Paid accounts that are terminated will not be refunded.
TMY Design also reserves the right to discontinue the designing of Client’s web page at any time, at TMY Designs' sole discretion. Refunds will be given to the Client at TMY Designs' sole discretion. Under no circumstances is the refunded amount to exceed the amount collected by TMY Design.
TMY Design may terminate any account at any time if Client is believed to be participating in a suspicious act, including but not limited to internet fraud. TMY Design is not liable to issue a refund for such accounts.