All services provided by The Shot Factory are subject to the following terms and conditions that serves as a legal binding contract between the client and The Shot Factory. These terms and conditions have been put into place to protect both myself and the client. By accepting a quote in writing, verbally or by payment of an invoice from The Shot Factory, you confirm you are in agreement of these Terms and Conditions whether you have read them or not. Please DO take the time to read them carefully. All work is carried out by The Shot Factory on the understanding that the client has agreed to the following terms and conditions.
All Terms and Conditions are subject to modification at any time without notice and are in effect upon posting.
I reserve the right to refuse services, coupons, giveaways, discounts or freebies to any individual or company I deem as unfit due to content or otherwise. This includes, but is not limited to, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright.
Pricing: All pricing is subject to updates at any time without notice and are in effect upon posting. If you have any questions, please do not hesitate to contact us. If you have already paid a deposit when the prices were changed, the original price is good for 60 days.
Project List(s): The Shot Factory has two waiting lists: a Pending Clients Waiting List and a Current Project Waiting List. A client is placed on the Pending list once a deposit is made. Following payment submission, a detailed discussion will take placed regarding potential draft and completion dates. Once dates have been established, a client will then be placed on the Current Projects list. No time will be blocked off, nor will any priority be given to any client until a deposit has been made.
Payments: Payment is due before any work on a project is to begin. For projects $100 and under, payment in full will be required before work will begin. For projects over $100, a 50% deposit of the total project cost is required before any work will begin. Deposits must be made within 48 hours of receipt of an invoice or the project is subject to cancellation. All final and remaining unpaid balances will be due and payable within 48 hours of your final approval of the design. Once the final payment is made, the project will be finalized and/or uploaded/tested.
Payments may be made by cash, credit/debit card and/or PayPal. You do not need to have an account with Paypal, you only need to use their services to make the payment through their safe and secure servers. You may use all major credit cards. Please visit Paypal for more information. No eChecks will be accepted, unless approved by The Shot Factory prior to payment submission. No design work will begin until payment has been received and cleared/processed.
Overdue Accounts: If an account becomes overdue (over 14 days), The Shot Factory retains the right to remove or disable any website, email accounts, or online material and services provided or maintained. Any costs incurred to retrieve outstanding debts will be payable by the client, along with any outstanding amounts owing. The Shot Factory will not be held responsible for any inconvenience or damage incurred by removing or disabling any online material or services. Any future dealings with such clients will be by full payment in advance, without exception.
Refunds and Cancellations: The Shot Factory does not provide refunds for any services unless explicitly agreed upon. You may cancel your project at any time, however; due to the digital nature of this business, payments already received by The Shot Factory are forfeited by the client and will not be refunded. Any future payments scheduled will not be charged to the client; however, if work has already been rendered, a partial payment will be due to cover any work that has been completed. Ownership of all artwork, layouts and development will remain the property of The Shot Factory and will not be transferred to the client. In the event that The Shot Factory is unable to complete a client’s project, due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to designer’s illness or emergency, then The Shot Factory will return any deposit or money paid, minus any earned payment for partial services rendered. The Shot Factory will have no further liability with respect to the client.
Design Drafts: Draft images may not be used for any other purpose than viewing. They may not be copied, edited, or distributed to any other person or company, other than those directly involved with the project without prior permission from The Shot Factory.
Usernames/Passwords: The client agrees that they may need to provide usernames and/or passwords in order to upload or edit information. Complete privacy is assured. No username or passwords will ever be used for any purpose other than that it was supplied for, and only with the permission of the client.
Client Content: The client agrees to supply all text and pictures required for the inclusion of any items to be designed. It is expected that all text supplied has been checked for typographical and grammatical errors, and has been approved by all parties that will have a final say in the sign-off of any items produced. Additional expenses may be incurred for any necessary action, including, but not limited to, photography services, media conversion, digital image processing and editing, or data entry services. The client agrees that changes and alterations may be made to text and images (with their approval) to improve the design of any items produced (no additional charges for these improvements, this is included with normal design charges).
Website Development and Compatibility: While The Shot Factory will make every effort to design a fully functional website, the warranty does not cover , text-based browsers, or any other browsers that are not up to date with the modern browsers. Designing a website or blog to be functional in multiple browsers can require considerable, extra effort and time. The Shot Factory will test the new site to ensure that the design will work in the most current browser versions of Mozilla FireFox, Safari, and Opera (Windows only) as of the project start date. The Shot Factory can not guarantee that your design will display properly in older versions of said browsers, any other browsers not listed, or future versions of any browsers. While every reasonable effort is made to design a fully functional site, sometimes 100% compatibility is not possible.
Domain Name Registration and Hosting: Please note that domain and hosting fees are not included in a design quote. Both can be set up, however the fees will be additional and included with the deposit/down payment fee.
Completion Deadlines: The Shot Factory works hard to complete all projects in a timely manner. However, The Shot Factory cannot guarantee deadlines as each project is unique and so is each client. The Shot Factory will provide each client with an approximate project completion date depending on the size, content and functionality requirements of the project. The Shot Factory will communicate with the client during the entire development of the project and provide them with status updates. The client must be available during the duration of the project (except weekends or any holidays) to answer questions, get any additional supplies and for any needed approvals. If the client fails to provide requested information in a timely matter, within 3 days, the project will then be placed on hold and moved to the bottom of the Current Projects List. If the client continues to not communicate and provide materials in a timely manner, the project will be cancelled and no deposits or payments will be refunded.
Excessive and/or Unreasonable Revisions: During the design process every effort possible will be made to create a design that the customer will be 100% happy with, not moving on to the next phase until a resolution of any minor design problem can be fixed. Any minor changes or revisions to the original approved design will be honored as long as they are “minor” and deemed minor by The Shot Factory and do not change the original design and layout. Any changes or revisions to your project that go over and beyond the minor definition and change design from the original approved layout/design may not be honored and/or will cause additional fees. This is at my discretion. Each client will have ample time and should feel free to discuss any design elements they are unhappy with prior to the completion of the project.
With that being said, The Shot Factory reserves the right to continue or cancel any project, completed or not, due to excessive revisions and changes. You will be notified if you are nearing the point of excessive revisions. You are urged to stay within reason. If The Shot Factory decides to cancel the project, no refunds of any kind will be honored. If The Shot Factory decides to continue on with the project, the re-work and changes will be billed at a per service rate and will be invoiced and should be paid before any additional work will be done.
Project Corrections/Revisions: You will have a period of 2 weeks after the installation of a website (1 week for any other project) to review, test all links, pages, check for any spelling or grammatical errors, minor fixes, broken links, broken pages, etc., and report them to me as soon as possible to ensure the issues can be taken care of in a timely manner. Any issues or fixes needed after the 1/2 weeks will be quoted and invoiced at a per service rate.
Changes or additions to the original approved design, colors, images, site coding, etc., are NOT part of the normal 1/2 weeks of customer service. Any changes or additions to the original approved design, colors, images, site coding, etc., before or after your design is installed will be quoted, invoiced and need to be paid before any re-work will be performed. I also reserve the right to refuse this type of change.
Website Maintenance. The client understands that once the website is completed and installed to the client’s web space, the client takes on the responsibility of maintaining all aspects of the website, such as text, images, video and sound files. The Shot Factory will ensure the client is aware of available maintenance plans. If a plan is agreed upon, then The Shot Factory will take on the responsibility of maintaining the agreed upon aspects of the website.
Credit: The Shot Factory reserves the right to display and link to your completed graphic design and/or website project as part of her portfolio. Copyright and credit information must remain on all websites and in working order.
Confidentiality: The client and The Shot Factory may disclose confidential information to one another in order to facilitate work and/or payments under this Agreement. Such information shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information does not include information that: (1) is already known to the party to which it is disclosed; (2) is or becomes part of the public domain without breach of this Agreement; (3) is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.
The Shot Factory reserves the right to reject a project or client.