We dislike legal jargon, but we gotta do what we gotta do to protect both you and us. So, get your reading glasses out, grab some snacks and please read the following.
Last Updated: December 10, 2021
The terms “we,” “us,” and “our” refer to DigitalDressUp.com. The term the “Site” refers to www.digitaldressup.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the Site. The term “Digital Styling Brief” refers to creative brief, client brief, online project questionnaire.
DigitalDressUp.com provides services in Brand & Identity Design, Web Design, Social Media Design, Copywriting, and Digital Content Curation & Writing “Services”, which also refers to project, design project, 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, 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.
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.
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.
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 $600. If the total billable amount exceeds $600, 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 a Digital Styling Brief in order to honor our turnaround guarantee.
Guaranteed Turnaround Times – Turnaround times are only guaranteed upon receipt of payment and upon receipt of all required content (text and images) to be implemented into the design; and, do not include the time of revision phases. Our guaranteed turnaround times are as follows: 1) Logo Design: 14 business days; 2) Brand Collateral Design (Business Card, Tri-Fold Brochure, Flyer·Poster·One-Sheet): 7 business days; 3) Social Media Design: 5 business days; 4) Web Design (10 pages or less): 30 days. If we fail to meet the deadline we guarantee, we will notify you prior and you have the option to refuse the digital service and get a refund, or you can choose to accept a $75 design credit which can be used for any of our services within one year of receipt.
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% handling fee which will be applied to each invoice, and in some cases, may be waived entirely.
Digital Styling Brief – You are solely responsible for preparing and posting detailed descriptions in your project’s Digital Styling Brief (an online 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 is under no obligation to review a Digital Styling Brief for accuracy, completeness of information, quality or clarity. DigitalDressUp.com may decide, in its sole discretion, to deny a Digital Styling Brief.
Reviewing Responses – When we provide a response to your Digital Styling Brief, you are responsible for examining the response. If you believe our response is not reasonably responsive to the related Digital Styling Brief, 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. Revisions rounds are only applicable to one design concept you select. The purpose of revisions are 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 the your submitted and approved Digital Styling Brief, 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 $70 per hour. 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 our guaranteed turnaround, is subject to major delays in production and delivery of completed work, and may result in project cancellation without a refund and with an added reopen fee of $50.
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 design project is originally $100, the rush delivery fee would bring the project total to $150).
Hosting & Web Maintenance – The 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 Wash & Fold, Dry Clean & Stay Fresh packages: Updates to Client’s content management system (WordPress), including plugins and themes, 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, daily backups (full and database). The following is what is included in our Dry Clean & Stay Fresh packages: 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 responsible to make 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.
SEO – We use reasonable efforts to provide these services; however, all services provided depend on innumerable factors and market variables that are outside of our direct control. For these reasons, all services offered are not guaranteed and are offered “as-is”. You agree that we make no guarantees including but not limited to web placement, rankings, or any profits. You understand that the services offered may have variance, be inexact, cause negative effects, or be otherwise incorrect. An increase in search engine ranking, increase in business, or any other associated benefits are neither implied nor guaranteed. Website rankings or results may vary by region, search engine, or fluctuate based on factors outside of our control. Due to the nature of our services, you agree:
- We are not responsible for any changes made to a user’s website that adversely affects the search engine rankings of the user’s website.
- We have no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future and user may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- We cannot and do not guarantee any position change, fixed position, or position increase for any keyword, phrase, or search term.
- We make no representations as to any profits or increased business as related to a user’s use of the services.
- We have no control over any actions or inaction by any search engines related to a user’s website or a website’s ranking.
Refunds – 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 is our preferred method of communication, as it provides written documentation of all requests by either party, should there be a need of referencing at a later date. On occasion, phone calls are acceptable if there is a large amount of content to discuss, and 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 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 operating hours are Monday – Friday 11:30 AM to 5:30 PM, and we work in the Pacific Daylight Time zone, therefore, it is possible that our responses to emails/calls may take up to 12 hours or more.
You acknowledge that all content provided to DigitalDressUp.com 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 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 use of the work.
Logo Design Services (excluding ‘The Whole Shebang’ package) – You are not able to acquire the copyright for any logo designs purchased from DigitalDressUp.com, nor can any logo designs be associated with trademarks. If you are looking to copyright and/or trademark your final logo design, please inquire for additional pricing.
DigitalDressUp.com 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. 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.
If you have questions about our Terms & Conditions, please do not hesitate to email us: [hello @ digitaldressup.com]