Terms & Conditions

Definitions The Client: The company or individual requesting the services of Elle*Eye Design Elle*Eye Design: Primary designer/site owner & employees or affiliates

General
 Elle*Eye Design will carry out work only where an agreement is provided either by email, telephone, mail, fax, or accepted estimates. Elle*Eye Design will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Elle*Eye Design and the client, this includes telephone, email, and estimate acceptance agreements.



Elle*Eye Design reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial. 



Quotes & Statements of Work
 Quotes provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Statements of Work that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.

Estimate request for work are estimated guesses based on previous experience, and are not guarantees on how much your requests will cost in the final invoice.

Hours of Operation Our business hours are posted on the contact page. We do not do work or updates on weekends or days we specify as holidays.

Charges & Fees

Free Consultation The first time we speak to you on the phone, is considered a free consultation. We can talk for up to 30 minutes, with no charge to you. After the first 30 minutes, we reserve the right to charge for our services and advice.

Current Rates As of 8/12/10, we now have 1 price for all labor services, which is the hourly rate of $85/hour. We reserve the right to change this fee at any point in time.

We reserve the right to charge for any of, but not limited to, the following:

• html/css/php/wordpress and all programming languages
• phone consulting (conversations lasting longer than 10 minutes)
• email consulting (any email response that takes longer than 10 minutes to reply to and/or requires research for answers)
• research for your inquiry/project beyond 10 minutes

We are not required to consult you on these costs that accumulate. Please be aware of the time you use for our services.

There are several specific services that do have a set price. These are reflected in estimates and invoicing. These specific services fluctuate. Any service or any work that does not have a set cost will be charged an hourly rate.

Additional Work Any work that is done in addition to the work that has been agreed upon will be added to an invoice (new or will be added to a current invoice)

Rush Fees We try to get work done as fast as we can. If you are looking to update your website, and do not give us atleast 3-5 business days notice and absolutely need work done before the 3-5 day period, we will charge you a rush fee of $65 in addition to the hourly rush rate of $130/hour.

Deposits & Due Dates All work that is $100 USD or more requires a 50% deposit payment (unless an alternative payment plan has been agreed upon). The other 50% payment is due 2 weeks from start or upon completion, whichever comes first.

Accepting Payments We accept any of the following for payments: PayPal, Visa, Mastercard, Discover, American Express, E-Check


Payment Plans Monthly payment plans are available for specific projects. These must agreed upon in writing by both parties and up for auto-debits using a VISA, MASTERCARD, DISCOVER, or AMERICAN EXPRESS card only. Echecks, paper checks and paypal are not accepted. If your card is set to expire during the duration of the payments, you are responsible for providing updated information to us via email to payments@elleeye.com.

Discounts for Non-Profits & Schools We give discounts to non-profits & schools. Please provide us with your documentation (501c3, 501c4, etc), and we will discuss an appropriate discount for you.

Billing & Late Payments If there happens to be issues with the client’s auto billing credit card or bank account a) the 2 week mark has passed or b) the client has not paid their bill within 21 days, this will result in the following:

• having the website turned off
• $35 late fee for every 21 days late

Checks Any check payments that do not clear will be charged a $45 fee.

Refunds You agree that any amount of money you have given is being used for work and research to build your website, and is non-refundable for any reason, including but not limited to canceling a project.

International Customers
 We are happy to accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via Credit Card. This is non-negotiable.

Browser Testing  & Software Elle*Eye Design can offer no guarantees of correct functionality with all browsers and software.

It is important that your company understand that all websites look different on different computers and different browsers. This is because different kinds of people have different settings on their computer. We do no guarantee what websites will look like on specific computers or browsers and we do not automatically test on specific browsers. This is how we keep your costs lower than most professional web design companies.

If specific browser testing on a PC or MAC is important to you and you would like your website tested in specific browsers, email us with  a) the pages you would like tested and b) the list of browsers you would like tested from this list of “ALL BROWSERS” below.

Each browser testing is $90/browser + the current hourly rate for services (see “current rates” above) to adjust your website to your liking in a specific browser.

If there are issues that come up because a browser is misinterpreting code incorrectly and you would like it fixed to be specific to read in a particular browser, the current hourly rate can be applied to re-code any issues that come up on other browsers. This will be done outside of any agreements that have been made and would appear on a separate invoice. We do not guarantee the timing of browser fixes. To see a list of all browsers, visit http://en.wikipedia.org/wiki/List_of_web_browsers

Website Design & Moving to Our Services
 Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Elle*Eye Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.



If you are a client who has web work that was done by another party prior to us, we are not responsible for programming, graphics, or anything that is not in proper working order. Please make sure you communicate all known issues prior to transferring your site and work for us to work on. If we do find errors in the site, we will let you know as soon as we find them, but are not responsible for looking for them. We do charge for fixes of errors.

Ownership Elle*Eye Design reserves the right to use the work we have done together, including but not limited to websites, email marketing, graphics, etc. as an example of work.

Clients agree to keep a visible credit for Web Design work on all pages of the website at the bottom for the life of the website to Elle*Eye Design and link to www.ElleEye.com. This is non-negotiable. By hiring us to work on your website have previously agreed to this, and that you understand that this link may NOT be removed without our consent. You may pay Elle*Eye Design a fee of $450 to have this link permanently removed.

If there comes a time where Elle*Eye Design is no longer maintaining the website, a credit for design must still remain visible. Should you choose another party to update your website, a proper credit for maintenance only may be placed next to the Elle Eye link. Our link many not be broken or tampered with in any way.

Should you have a new layout designed for your site by a company other than Elle*Eye Design, you may remove the credit from your website. The new layout must not resemble the old design in any way shape or form.

Upon completion of a project or work, Elle*Eye Design transfers all rights and ownership of CUSTOM designs and programming written by Elle*Eye Design to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.
Ownership and copyright of templates we use are not transferred to the client. 

Elle*Eye Design reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by Elle*Eye Design but not in legal use by the client.

Elle*Eye Design reserves the right to adjust templates and designs we have created or worked with for other clients.

Websites, graphics and programming codes remain the property of Elle*Eye Design until all outstanding accounts are paid in full and may not be disturbed or tampered with in any way. The website, graphics and any programming code remain the property of Elle*Eye Design until all outstanding accounts are paid in full.
 Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Elle*Eye Design remain the copyright of Elle*Eye Design and may only be commercially reproduced or resold with the permission of Elle*Eye Design.

Elle*Eye Design cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of Elle*Eye Design and where no charge is made by Elle*Eye Design for such additions, Elle*Eye Design accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.



Ownership and copyright of templates we have used or created are not transferred to the client, or anyone else that comes in contact with the website. 

Elle*Eye Design reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by Elle*Eye Design.

Elle*Eye Design reserves the right to adjust templates and designs we have created or worked with for other clients.

Surrendering Your Website  Should you choose another party to maintain, edit, upload, FTP, login to the website or enhance the website in anyway that was not originally created, built, uploaded, or FTP’d by our company and our contractors, you understand that Elle*Eye is no longer responsible for the website, the hosting, communicating with your domain host, fixing, editing, or maintaining your website. If anyone other than our contractors or staff has logged in without our written permission, the website is considered tampered with, and we do not hold any responsibility to the files, FTP’s, uploads, edits or changes of any other party. Anything that breaks, needs fixing, re-programming, or editing will be the sole responsibility of you and any other party you choose. You accept that all changes are made at your discretion.  We no longer ensure the website to be running in good order.

Development & Delivery
 Elle*Eye Design understands the importance of completing projects in a timely manner. We agree to complete the web design project within 90 days from the date of contract signing (unless otherwise specified in the contract/Statement of Work). If the client does not supply Elle*Eye Design with complete text, graphic content and other requested materials for the contracted client within 30 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to Elle*Eye Design for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between Elle*Eye Design and the client. 


Non-Communication If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.

Liability 
Services purchased from Elle*Eye Design are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall Elle*Eye Design be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/ore goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.

Elle*Eye Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Elle*Eye Design will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site. 

Elle*Eye Design will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Elle*Eye Design will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Website Hosting
Whilst Elle*Eye Design recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Elle*Eye Design cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.


It is the responsibility of the client to maintain their own hosting and domains. Elle*Eye Design may set up accounts on behalf of the client. It is up to the client to have the website transferred to their name. If this is not requested upon the creation of the domain and hosting, transfer and consulting fees may be applied to any work that is done to move the website into the client’s name.

If the website was set up by Elle*Eye Design on a recommended hosting company, the website may be registered with the creator; Lisa A. Snyder and/or Elle*Eye Design, LLC. and will therefore have the contact information of the creator unless otherwise specified for the hosting, and URL information

Website Optimization
 Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.


Website Maintenance  If maintenance work is needed in the future on any piece of the website, website work may be requested via email with the subject line: WEBSITE REQUEST/WEBSITE UPDATE. Current rates can be requested at hello@elleeye.com. Please give 3-5 business days or more notice for updates. Alternatively, website updates can be coordinated into a schedule.

You can also request an estimate prior to beginning maintenance work or additional changes to your website via email with the subject line: WEBSITE ESTIMATE REQUEST. Alternatively, you can visit ElleEye.com’s REQUEST ESTIMATE page.

As of 2/9/2010, there are no monthly website MAINTENANCE charges.

PAYMENT ISSUES THAT COME UP: Should be directed at your payment gateway merchant, if you have one.

SERVER & EMAIL ISSUES THAT COME UP: Call your hosting company or contact us for consulting assistance. Hourly rates for consulting apply.

Acceptance
 Please note that by submitting your payments or down payments for our services you are agreeing to all of our terms of service as written here. Elle*Eye Design reserves the right to change or update these terms at any time without prior notice.