All services provided by Studio Chem are subject to the following terms and conditions. By purchasing one of my Template, Designs or Custom work, you are agreeing to these conditions:
All Sales are Final. Due to the digital nature of this business, no refunds will be given. There are no exchanges or refunds for any reason, before or after products/services have been delivered/templates customized and installed. Store credit will be issued in situations where Clients have a change of heart or choose to go in a different direction.
This applies to Custom Website design, any Template design, Exclusive, Limited or Budget, print design templates, logos, Clip Art, Party Printables and any add on service.
Nothing on this website is public domain, my designs may not be altered, cut up, modified or re-used or distributed in any way. If the Client wishes to alter the design or use the graphics in any other way, then the copyright licence MUST first be purchased.
You cannot remove the Studio Chem link and claim my work as your own.
Customization and Installation is typically within 5-10 working days, often less, depending on the volume of orders at any given time. Once I have your information I will then contact you once your design is installed or if I need any further information. I always work on orders in the order in which they are received. If you need your work done urgently, please contact me to discuss.
The client is engaging Studio Chem as an independent contractor for the specific purpose of designing and/or improving a website, to be published on the client’s account on an Internet Service Provider (ISP), or “hosting service”. The client hereby authorizes Studio Chem to access this account, and authorizes the hosting service to provide Studio Chem, with full access to the client’s account, and any other programs needed for this web design project that are included as part of the client’s service agreement. The client also authorizes Studio Chem to submit the completed web design project to major web search engines.
This web design project will be developed using various commercial software products and proofed by hand. While Studio Chem will make reasonable efforts to design a fully functional website, Studio Chem warranty does not cover AOL, Internet Explorer 6 (notorious for display issues), text-based browsers or requested special effects that we have advised you against.
3. Copyrights and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Studio Chem for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Studio Chem from any claim or suit arising from the use of such elements.
4. Credit and Link Back
All website designs by Studio Chem require a text link back to Studio Chem unless other agreements have been made to remove the link at a charge of $40. The client unconditionally guarantees that links back to Studio Chem will remain in place until such time as that website design is not longer published on the Internet. Removal of this link is in violation of this agreement and subject to breach of contract. You cannot claim our work as your own. If our link is removed without our knowledge and consent, I have the right to insist that the design be removed from the Internet.
When there is a waiting list for Custom Designs, an initial, non-refundable 25% deposit is required to hold your place on the waiting list. 50% of the total project cost is due at the start of the project, with the remaining 50% balance due upon acceptance of the design/layout but BEFORE installation. Payment for all Limited/OOAK/Budget templates is payable in full before work begins.
6. Completion Date
For Custom Design orders: Studio Chem and the client must work together to complete the web design project in a timely manner. I agree to work expeditiously to complete the web design project no later than 60 days after client has submitted all necessary materials. If the client does not supply Studio Chem with complete text and graphic content for this web design project within 45 days of the date this agreement was signed, the contact is void and any deposits are forfeited.
For All Other Orders: Studio Chem and the client must work together to complete the web design project in a timely manner. I agree to work expeditiously to complete the web design project no later than 28 days after the client has submitted all necessary materials. Bear in mind that installation is typically within 5-10 working days for any Premade Templages. If the client does not supply Studio Chem with complete content for the project within 45 days after receipt of order, the contract will then be void and any deposits and payments are forfeited.
7. Project Delivery
The final website design project will be published to the client’s hosting service upon receipt of full payment. The client understands that hosting services are not included with the web design project. Further, the client will be solely responsible for any and all hosting service charges.
8. Support and Communication
You will receive e-mail support for 30 days after your site has been turned over to you. I encourage you to use this time to load your products and process several test orders to become familiar with the functionality of your site. After 30 days, there may be a charge for hourly support depending on the frequency and complexity of your questions. Please note that all of our communication will be through e-mail and that any questions not directly relating to the template itself should be directed to your hosting provider.
9. Electronic Commerce Laws
The client agrees that the client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the web design project and will hold harmless, protect, and defend Studio Chem from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the client’s exercise of Internet electronic commerce.
10. Website Design Project Copyright
Studio Chem will own copyright to the finished web design site produced by Studio Chem. The client will be assigned rights to use the web design project as a website, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners unless the Client purchases the copyright licence to use the graphics for their business or to alter the design. Studio Chem retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.
11. Legal Notice
Notwithstanding anything to the contrary contained in this contract, Studio Chem cannot warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Studio Chem be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor’s computer or internet software.
Studio Chem will not negotiate chargebacks with any person or company. Charge backs are NEVER an acceptable means of attaining a refund. To request a chargeback on your credit card for a valid transaction is considered fraud. Fraudulent credit card chargebacks will be aggressively prosecuted and reported to all major credit bureaus as a delinquent collection account. Should a chargeback be filed against Studio Chem, we will not hesitate to proceed with collection and legal action to recover funds.
If Studio Chem is unable to communicate with a client on a custom design project for a duration of fourteen (14) days by email during the design and development process, the project will be cancelled without prior notice and any monies paid will be forfeited to Studio Chem. It is the responsiblity of the client to provide Studio Chem with all necessary information, and Studio Chem cannot be expected to chase any outstanding information.
Please note that by submitting your payment for my services you are agreeing to all of the terms of service as written here. Studio Chem reserves the right to change or update these terms at any time without prior notice.
15. Website Tweaking after completion
After the purchase of a limited, Budget or OOAK premade design, Studio Chem reserves the right to determine on a case by case basis and according to the current schedule when changes can be made to a website design. It is the customer’s responsibility to ensure this cart system is suitable and fits their business needs. Nonetheless, should you feel that you really need some changes or tweaking to the design layout, colors or fonts, after installation, please expect to incur a fee at a rate of $40.00 an hour for the modifications. All Limited, Budget and OOAK boutique web designs are considered sold as they are, so please do not expect to have any changes made free of charge. Payment will be required on changes before they are completed. Please allow 14 business days for changes to be completed. For custom order boutique websites, you are allowed 3 revisions to the design of the site. A revision is an email with a list of changes. After that, the client shall incur a fee of $40.00 an hour for additional revisions. All home page collages installed as a courtesy or part of your purchase will include images or text that are not interchangeable. If you wish to change these at any time, then a small fee will be incurred.
16. 3rd Party Artwork or Graphics
Please note we will not use graphics or artwork created by another designer or artist without first receiving direct written permission from the artist or designer allowing us to use the graphics/artwork in our designs. Wherever the original designer requires a royalty fee be paid before their artwork can legally be used in a design, the client (you) will be responsible for any additional royalty fees that apply.
17. Professional Photographs
If you submit professional photos to us, they will need to be accompanied by a signed release from the photographer allowing us to use the photographs in any print designs we create for you.
If you would like to use a logo that you have complete rights to, then you may submit that upon checkout. If you are unsure of whether you own the rights to the logo, please contact the logo designer for verification.
Important: If Studio Chem design a logo for you to use on your website that includes or makes use of any stock graphic purchased from a stock image site such as iStockphoto.com then, while it is fine for you to use that logo on your website, you are not allowed to use the same logo on your business cards, T-shirts or any other promotional ‘branding’ for your business. This is because other people may be using the same graphic and you don’t have the exclusive license to ‘brand’ your company with that graphic. Please contact us if you have any questions in this regard.
19. Matching Print Items
All Matching Business card templates, hangtags, postcards, etc are designed at 300dpi high resolution, in .jpg format to have them uploaded and printed off at Vistaprint. Please do not ask us for the original .psd file as this is not possible.
20. Home Page Collage/Image
You agree that the collage or image shown on the listing of any template is purely for illustrative purposes and that if you want the same on your site, you will need to purchase this as an additional extra and that you will be responsible for providing us with the images you want to use.
Studio Chem reserves the right to change these terms at any time so please check back often. Please feel free to contact us with any questions.