Policies - Digimix Web Design New York

REFUND AND RETURNS POLICY

Fees for labor hours contracted from Digimix are non-refundable once labor is performed.

WEB DESIGN AGREEMENT

We provide an extensive portfolio for you to view before hiring us for your project so you can see the quality level of our work and be completely comfortable working with us. If you have any questions or reservations, please contact us prior to making a payment for our services. Please also make sure to review our refund and cancellation policy. Thank you!
These terms shall be construed in accordance with and governed by the laws of the State of New York USA, without regard to principles of conflicts of law. Each party consents to the exclusive jurisdiction and venue of the courts of New York, NY for the resolution of any action arising out of these terms.

PRODUCTION SCHEDULE/DELIVERY OF PROJECT

The client will assume any shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. The designer shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer. If such event(s) occur, it shall entitle the designer to extend the completion/delivery date by the time equivalent to the period of such delay.

COPYRIGHT

The client guarantees that any text, graphics, photos, designs, trademarks, or other artwork furnished to Lifestyle Innovation Technology, LLC for inclusion in the project are owned by the client, or that the client has express permission from the rightful owner to use each of the elements, and will hold harmless, protect and defend Lifestyle Innovation Technology, LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

THIRD PARTY SHIPPING

In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, or binding, the designer will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.

CLAIMS PERIOD

Claims for defects, damages, and/or shortages must be made by the client in writing within a period of fifteen (15) days after completion of project. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.

PROOFING OF FINAL PROJECT

The designer shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product. It is agreed that the designer is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.

CANCELATION

In the event of cancellation of the project, ownership of all copyrights and the original artwork and disks shall be retained by Digimix, LLC, and a fee for work completed, based on the contract price and expenses already incurred shall be paid by the client.

CONFIDENTIALITY

All correspondence and documents provided will be treated as confidential between the client and the designer, unless consent has been granted by both parties involved.

PROFESSIONAL PHOTOGRAPHY

If you submit professional photographs to us for use on your website or in print media, you will also need to supply a signed release from the photographer allowing us to use the photographs in any designs we create for you.

COMMUNICATION

If client stops responding to email communication for a period of thirty (45) days during the design and development process, the project will be canceled without prior notice, any monies paid will be forfeited to Digimix, LLC and the contract will become null and voice. Projects restarted after that time will be subject to the current availability of Digimix, LLC, and will be re-quoted based on current rates for the services remaining.

OWNERSHIP OF ARTWORK

Digimix, LLC retains copyright ownership of all original artwork or parts contained therein, whether preliminary or final, until payment has been received in full. Upon receipt of full payment for all services rendered, ownership of the coding and images created by Digimix, LLC are transferred to the client for use for the business the website design was created. Client does not receive the right to redistribute such graphics or code. Rights to photos, graphics, source code and software not owned by Digimix, LLC are specifically not transferred to the client, and remain the property of their respective owners (stock photo, graphics, shopping cart software, etc.) Digimix, LLC retains the right to use the completed project for the purpose of marketing materials and portfolio. Any preliminary designs not used for client’s project may be used by Digimix, LLC in future projects for other clients.

REFUND AND RETURN POLICY

Web Design

Payments for custom design projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by Digimix, LLC and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.

Chargebacks

If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.

Website Hosting

Payments for past months of web hosting are non-refundable. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If client did not make use of the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client, or until 15 days after due date of payment not received. If client paid for hosting account for 6 or 12 months ahead and cancels service before plan expiration date, a refund may be given for the months not yet elapsed. If client received free products and/or services with their hosting plan purchase, the value of the free services will be deducted from the refund amount. Digimix, LLC reserves the right disable and/or terminate a user’s account if a user is found in violation of the AUP. Accounts terminated due to policy violations will not be refunded.

TERMS & CONDITIONS

TERMS

Terms and conditions are formally described in the Standard Form for Agreement of Design Services. The agreement is modified from the AIGA (The Professional Associate for Design http://www.aiga.org/) and is a standard agreement used by thousands of design professionals.

DISCLAIMER

Digimix, DigiMix Internet Marketing and Website Design, Digimix.us and all other name variations of the DigiMix name are brands of Digimix, LLC. This names should not be used with out explicit written permission from a member of Digimix, LLC.

PAYMENT

All flat rate payments must be received in full by Digimix, LLC at the start of each project.

Acceptable Payment Methods

Credit Card:
All major credit cards are accepted including American Express, Visa and MasterCard Credit card payments can be made over the phone by calling (844) 344-4649. Credit card payments can be made online through a Digimix email invoice.

Checks + Free Direct Bank Transfers:
Checks and free direct bank transfers are available to those who qualify.