Last Updated: December 4, 2023
Overview
The terms “we,” “us,” and “our” refer to DigitalDressUp.com and its affiliates. The term the “Site” refers to www.digitaldressup.com. The terms “user,” “you,” and “your” refer to site visitors, customers, clients, and any other users of the Site. The term “Digital Styling Brief” refers to creative brief, client brief, online project questionnaire.
DigitalDressUp.com and its affiliates provide services in Brand & Identity Design, Web Design, Digital Marketing, Social Media Content Creation & Management, Copywriting, and Digital Content Curation & Writing “Services”, which also refers to project, designs, work.
These Terms & Conditions govern your access and use of our Site and the Services provided herein. These are in addition to (not in lieu of) any specific terms and policies that apply to the Services you purchase or access through the Site, which terms and policies are incorporated herein by reference. The Terms & Conditions, and specific terms and policies referenced herein are collectively the “Agreement”.
We reserve the right to make changes to the Site, the Services and these Terms & Conditions at any time without prior notice to you. You should therefore review these Terms & Conditions each time you access this Site to keep abreast of these changes. If you do not agree to the changes implemented by DigitalDressUp.com and its affiliates, your sole and exclusive remedy is to terminate your relationship with us as a customer of the Services. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the Services will be subject to this Agreement.
ACCOUNT CREATION
In order to use the Services, you may be required to provide information about yourself, which may include: your name, email address, username and password, and other personal information. You agree that any registration information you provide to DigitalDressUp.com will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Services for lawful purposes only. You agree to be financially responsible for all purchases made via the Site. You agree to use the Site and to purchase Services via the Site for legitimate, non-commercial purposes only. You must not post or transmit any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law through the Site.
SERVICES
To commence any Web Design project from the Services outlined on our Site, you agree to pay the full billable amount if the total is less than $1,000. If the total billable amount exceeds $1,000, 50% of the total payment is required to commence the project, 35% of the total payment is required 21 calendar days immediately after the initial deposit in order to continue working on the project, as to avoid project cancellation and/or a 20% recommencement fee, and the remaining balance is payable prior to delivery (site migration to your server under your domain name). All other Services outlined on our Site are billed at the full amount. Services require the aforementioned payments upon submission of our online project questionnaire (Digital Styling Brief) in order to honor our turnaround guarantee.
Payments – Payments received after 10:59 AM PST, or on the weekends, or during holiday closures will be considered as received on the following business day. You agree to a 5% project setup fee which will be applied to each invoice, and in some cases, may be waived entirely.
Project Commencement – Prior to the commencement of any new project, it is a prerequisite that there are no outstanding invoices related to previous projects. If there are any outstanding invoices from previous projects, we reserve the right to suspend the commencement of any new project until all outstanding invoices are settled in full. Invoices are considered outstanding if they have not been paid in full within the agreed-upon terms specified in the respective project’s invoice.
You understand and agrees that any outstanding invoices must be paid promptly to remove the obstacle to project commencement. You may contact us for details on outstanding invoices and for assistance in settling them.
Project Questionnaires – You are solely responsible for preparing and posting detailed descriptions in your project’s questionnaire (accessible via our Site), including providing design samples/examples illustrating your project’s vision, and any relevant deadlines. You are responsible for providing any requested information needed for the selected service or service package, such as: content, imagery, account passwords/login credentials, etc. This will all be detailed and discussed with you during the beginning stages of the project. DigitalDressUp.com and its affiliates are under no obligation to review a project questionnaire for accuracy, completeness of information, quality or clarity. DigitalDressUp.com may decide, in its sole discretion, to deny a project questionnaire.
Reviewing Responses – When we provide a response to your project questionnaire, you are responsible for examining the response. If you believe our response is not reasonably responsive to the related project questionnaire, it is your responsibility to submit an email outlining any modifications to be made to the initial response; and if you fail to promptly inform us of any amendments, you will be deemed to have accepted our response.
Revision Rounds – Each Service package may or may not include a round of revisions. Revision rounds are only applicable to one design concept you select. The purpose of revisions is to ensure that we move your project forward in the particular direction you have determined. We aim to work with you to make any necessary revisions within the scope of the project, as outlined in the Services provided on our site. Changes that do not align with your submitted and approved project questionnaire, along with contrastable changes to the project’s layout and elements are not considered a revision, but another design and will be billed accordingly. Any extended revisions outside of this scope will be billed at our hourly rate. Upon receiving your initial design, you have up to 7 calendar days (per revision round) to submit revision requests via email. Your failure to submit revision requests by the aforementioned due date, voids any promised turnaround and is subject to a recommencement fee and major delays in production and delivery of completed work, and may result in project cancellation without a refund and with an added reopen fee.
Rush Delivery – If you are in a rush and need a design project completed right away, we offer our rush delivery service where we push your design project to the front of the line and deliver it within a 3 business day time frame (depending on the Service package and project). Rush Delivery requires an additional fee of 50% of the total (i.e. if the design project is originally $100, the rush delivery fee would bring the project total to $150).
Hosting & Web Maintenance – Digital Account Setup fee is waived when purchasing one of our Web Design Packages. All new hosting accounts require a $129 migration fee to transfer the website database and files to our servers. The following is what is included in our The Mini, Light Load, Wash & Fold, and Stay Fresh packages: Updates to Client’s content management system (WordPress), including plugins and themes, daily backups. The following is what is included in our Stay Fresh package: removal of malware, spam, and malicious code from the website, WordPress bug fixes and updates, plugin updates, monitoring of website uptime, security protection and monitoring, content updates to text, images, and other minor changes to Client’s existing website pages; and does not include: website redesign, new frameworks or redevelopment equaling more than a 35% change to a webpage, website or web graphics, adding new pages, adding new blog posts, CMS design or integration including, but not limited to, blogs, and shopping carts, image editing, graphic design, graphic editing, database design, database changes, programming, and search engine optimization, training on how to use the website, WordPress, or email. You are also responsible for making backup copies of all your content uploaded, stored, published, and displayed on or through our Service(s) in a location independent of ours, and will not use our Backup Services as your sole backup. Annual and Monthly Payments are set up on a recurring billing cycle via PayPal and if you cancel without informing us you will be subject to a website restoration fee, and you give us the right to either suspend or delete your website immediately — we are not responsible for providing backup copies of your website.
Social Media Content Creation & Management – We strive to deliver high quality services in a timely manner. One revision round is included with each post and a successful collaboration relies on timely, honest, and detailed feedback. Approval of deliverables are considered final and no more revisions are allowed after approval. Additional revisions may incur fees. Our interaction with external social media services means we can’t manage problems like connectivity errors, disconnections, or password resets. We’re committed to fixing any issues within our capability. For concerns beyond our scope, it is your responsibility to reach out to the respective platform’s customer support. Please be aware that in order for us to schedule and post the content you have approved, at least one social media platform must be successfully connected to our Scheduling Platform. In cases where you encounter difficulties in connecting your social media channels, a refund is not justified. This is because our service includes the creation of the actual content and posts, regardless of the connection to social media platforms. We focus on providing high-quality services at an affordable cost. Therefore, our main modes of support and communication include the project hub, live chat, and email. Additionally, your plan includes a designated number of video project meetings each month. Once the deliverables are sent to you, we expect your prompt feedback or approval. Should there be any delay on your part, leading to the time-sensitive posts becoming outdated, you understand that those posts will not be substituted with new ones. If it has been more than 14 calendar days since we sent you the posts for approval, you can no longer make any revision requests for that batch. If you change your social media account password(s), please inform us immediately as this will affect our ability to deliver our services. All sales are final and refunds are not available due to the nature of our business. We invest significant time and effort into crafting and overseeing custom content from day one. Our service fees are for our time and the work we perform, they are not contingent on marketing results or the ability to connect accounts for scheduling and posting. We do not guarantee specific numbers of likes, shares, or new followers, nor can we assure an increase in sales.
Refunds – Some of our services are non-refundable due to the nature of our business. We do not issue refunds on partial or full payments after 3 calendar days; in most cases, design credits may be issued for use on any Services we provide.
Late Fees – All payments are to be made on the due date stated on the invoice. If invoice is paid after the stated due date, a handling fee (5% of the amount past due) will be added, and we will impose a late fee of up to $50.00. For hosting services, an additional restoration fee of $79 will also be due once the account exits the grace period and is suspended. You agree that we will add handling, late and/or restoration fees to the balance due on your account. If any invoice is paid more than 30 days after the invoice due date we may assess interest equal to 1.5% of the unpaid balance for each month, or a portion of the month the balance is unpaid. Interest accrues retroactively from the due date. If invoice is past due for more than 90 days after the invoice date, we may refer collection of the unpaid amount to an attorney or collections agency. If unpaid invoices are referred to an attorney or collections agency, the client shall pay all reasonable attorney’s fees or collections agency fees in addition to the late fee and accrued interest.
Communication – Email and recorded video calls are our preferred method of communication, as it provides written and recorded documentation of all requests by either party, should there be a need of referencing at a later date. On occasion, phone calls are acceptable, which will be followed up with an email highlighting a recap of the phone call discussion. All content submissions, both for the initial design, and revisions (if applicable), MUST be submitted by email, to ensure accuracy and reliability of content. DigitalDressUp.com and its affiliates will not guarantee that content submitted verbally will be accurate and revisions to such content may result in additional charges.
Business Hours & Time Zone – Our current operating hours are listed in the footer of our website and we work in the Pacific Time zone, therefore, it is possible that our responses to emails/calls may take up to 24 hours or more.
COPYRIGHT
You acknowledge that all content provided to DigitalDressUp.com and its affiliates, including logos, trademarks, photos, illustrations, audio, video, fonts and written content is owned by you and does not violate international copyright law. You also acknowledge that any content that is not owned by you is being used with explicit permission from its respective owner(s).
If applicable, you acknowledge that you have also received permission from all individuals photographed to be shown in your design project. Each person in the photos going online understands that their face will be seen on the Internet. In addition, any names and contact information placed in your design project has been provided with consent from each individual.
You agree to indemnify and hold DigitalDressUp.com and its affiliates harmless against all claims, including, but not limited to, claims of copyright or trademark infringement, violations of the rights of privacy or publicity or defamation, arising out of the use of the work.
Logo Design Services – You are not able to acquire the copyright for any logo designs purchased from DigitalDressUp.com and its affiliates, nor can any logo designs be associated with trademarks. If you are looking to copyright and/or trademark your final logo design, please inquire about additional pricing.
INDEMNITY
You indemnify us and our affiliates from losses, costs, damages, liabilities, and expenses arising from any breach of this Agreement or any claims related to the use of intellectual property. You assume liability for any assets you provide and use in projects and posts. You indemnify us and our affiliates from losses, costs, damages, liabilities, and expenses arising from any issues with social media account suspensions, copyright issues, loss of access, deletion, or other third-party platform issues. You indemnify us and our affiliates from any issues with content posted to your social media accounts that result in copyright infringement claims. You assume liability for any assets provided and used in projects and posts, and assume responsibility for the content posted.
LIMITATION OF LIABILITY
We are not liable for indirect, consequential, incidental, or special damages.
FORCE MAJEURE
DigitalDressUp.com and its affiliates shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of DigitalDressUp.com and its affiliates. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS
By using this Site and purchasing our Services, you signify your acceptance of these Terms & Conditions. If you do not agree to this policy, please do not use our Site or purchase our Services. Your continued use of the Site following the posting of changes to these Terms & Conditions will be deemed your acceptance of those changes. These Terms & Conditions will be governed by the laws of the State of Nevada without regard to its conflicts of laws provisions, and shall be construed in accordance therewith.
CONTACT
If you have questions about our Terms & Conditions, please do not hesitate to email us: [hello @ digitaldressup.com]