All sales are final. Due to the nature of the business MadBee Web Design cannot issue refunds.
Nothing on this web site is public domain, this means all items must be purchased unless otherwise noted.
These Terms and Conditions supersede all previous representations, understandings or agreements. MadBee Web Design reserves the right to refuse service or support for any reason, including but not limited to excessive communications, revisions, or exhaustion of services.
In no event will MadBee Web Design be liable to you or any third party in the event of your failure to read and/or comprehend MBW’s Terms of Service.
The payment of any monies or deposit by the client to MadBee Web Design constitutes agreement to and acceptance of these Terms and Conditions.
The method of payment accepted by MadBee Web Design is via PayPal, unless prior arrangements have been made. I can send you an invoice, or you can click the “Pay Now” link that corresponds to the package you wish to purchase and follow the directions. PayPal is secure and payments can be made via almost any major credit card, debit card, or bank account. Please note, the design process will not begin until the first installment has cleared, and all final files will not be distributed until the last installment has cleared as well.
Once you have approved your final design and layout of the preview, MadBee Web Design bill you through email for the remaining balance. Payment is required within three business days and cannot be delayed or rescheduled. Once payment had been confirmed, the delivery process will be scheduled and MadBee Web Design will upload your theme to your server.
Once the CMS and the theme is installed on your domain, technical support is offered by MadBee Web Design for seven business days. After seven business days you assume all responsibility of your site. If, after completion any major revisions or additions to your project are requested, you will be put on schedule as a new work order, and will be billed for any additional fees incurred. Minor revisions MAY be made to your site at any time during the process and after delivery of the website at the sole discretion of MadBee Web Design at no extra charge.
As the client, you authorize MadBee Web Design to install any scripts, software or programs relevant to the web design project and to access your website account through your hosting service panel and FTP. You will provide MadBee Web Design with the log in information and passwords necessary to access your website.
Anything created for your project belongs to you once final payment is made. For the record, it is common, legal practice for designers/creators of any kind to hold the final copyright to any creation, but I feel that if you pay for it, it is YOURS.
A link back to MadBee Web Design will be placed on the bottom of your index page and MUST stay intact. MadBee Web Design retains the right to display your website in any online portfolio, as well. Any designs created by MadBee Web Design and refused by the client, remain the copyright of MadBee Web Design.
Once payment is received and you’ve answered some simple questions, it will take 7-14 business days to have your first version completed. You will have a total of TWO major revisions on your site, with each taking 1-2 days. Please be aware that multiple, “move-it-up-a-bit” changes and numerous text changes cannot be accommodated without compensation. BE SURE YOU KNOW WHAT YOU WANT.
Once the design is approved, your site will be ready to go live within 7-14 business days.
Please keep in mind that the process depends mostly on you and how detailed your project is. The quicker you get back to me with your content, answers to questions and approvals for any changes, the quicker your site will go live.
Additional time and/or money WILL be needed if your site proves to be more complex than your originally indicated.
It is your responsibility to be available to me via email. I do all site related correspondence via email for accuracy, so the sooner you respond to my emails, the sooner your project/update will be done. Email avoids confusion over the details that we’ve discussed and agreed upon. Telephone communication is available at MY discretion if absolutely necessary and/or in certain situations/circumstances. Once we start a project, I will make my telephone number available to you.
If you fail to answer emails in a timely manner, out of fairness to my other clients, your project will be replaced and I will fit you in when I can.
I strive to be polite, respectful and helpful to my clients. In return, I ask that my client be polite and respectful as well. I request respect for MBW’s policies, terms, and work hours. If I feel that a client is demeaning, impolite, demanding, threatening, or rude, the client’s account will be suspended, the client will be blacklisted and all communications from MadBee Web Design will cease. The client is free to find a third party designer, host and/or programmer for assistance in this case and MadBee Web Design claims no responsibility for any expenses that the client incurs if blacklisted.
PHOTOGRAPHY and OUTSIDE GRAPHICS
Obtaining copyrights and permission for any photos or design elements provided by the client are the responsibility of the client. MadBee Web Design is in no way liable or responsible for those graphics or photos. Please do not provide items to MadBee Web Design to use that you have not obtained proper permission to use.
COMPLETION OF DESIGN PROJECT
As the client, you and MadBee Web Design must work together to complete all contracted services in a timely manner, agreeing to work expeditiously to complete the project no later than thirty days after you have submitted all necessary materials. This thirty day limit may be extended by MadBee Web Design if the project requires more time for completion.
All revision requests must be submitted by the client within five days of receiving the final site preview. The scheduled start date, revision process or delivery date of the project may not be rescheduled unilaterally by the client.
Technical assistance is not an included feature in any package. It is offered free of charge on a case-per-case basis.
Technical assistance by MadBee Web Design is NOT OBLIGATORY and may be cancelled by MadBee Web Design at any time. MadBee Web Design is not responsible if the client cannot manage the WordPress control panel, finds the learning process difficult, and/or if the client cannot upload photos and/or files despite repeated attempts and support requests. Further, MadBee Web Design reserves the right to charge for technical support through email and/or to cancel technical assistance completely and cease communications entirely, if emails or phone calls are deemed excessive, repetitive or time consuming.
MadBee Web Design makes every effort to keep current with acceptable design standards and to design to design websites that display acceptably in Firefox, Internet Explorer, Safari, Opera and Chrome’s current browser versions; MadBee Web Design cannot accept responsibility for pages which do not display properly on versions of browsers released after the project is completed. ACCEPTABLE DESIGN STANDARDS CANNOT MEET ALL REQUIREMENTS OF ALL BROWSERS, HTML EDITORS, SEARCH ENGINES OR OTHER INTERNET SYSTEMS AND STANDARDS.
Your inability to understand how your site works even after explanation from me IS NOT considered malfunction on my part. However, in the event that your website is in-operational due to a mistake that I have made, I WILL make repairs at no additional charge.
What does this mean for you in plain English? I cannot be held accountable if you or a handful of your viewers are using an old computer or an old browser or settings on a computer and/or browser that are not standard.
LIMITATION OF LIABILITY AND LIABILITY DISCLAIMER
Any service purchased from MadBee Web Design is provided ‘as is’ without any kind of warranty that the service will be uninterrupted, bug free or error free. MadBee Web Design does not provide any guarantees for web hosting, 3rd party services or WordPress themes. In no event will MadBee Web Design be liable to you or any third party, on any legal theory for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use of any MadBee Web Design service, graphic or code, or the use of any hosting service, service provider, telecommunications carrier, internet servers, third party e-commerce programs, or your site visitor’s computer or internet software, including, without limitation, service interruptions caused by Acts of God and/or Nature, or any other circumstances beyond our reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages. MadBee Web Design will make no warranty to cover text-based or old browsers or requested special effects that have been advised to be against your interests.
In no event shall MadBee Web Design be liable for damages resulting from loss of data, profits, lack of services, use of the madbee web design site, or use of any madbee web design products, packages or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall MadBee Web Design cumulative liability exceed an amount greater than one hundred dollars ($50 us dollars).
MadBee Web Design reserves the right to withdraw from any project with any client without notice and with immediate effect. I may or may not forgo any payment due me, dependent on the situation. In the event that I remove myself from a project due to violation of any of the terms put forth herein, it is not my policy to offer a refund of any monies paid.
Excessive revisions to your original design are subject to an additional fee of $40/per hour. Once you have approved the design and the design is uploaded it is considered to be COMPLETE. Any revisions/changes requested one week after the site has been approved and uploaded will be subject to MadBee Web Design’s rate of $40/hr.
MadBee Website Design makes minor changes free of charge to your website for as long as you are a client. Minor changes include, but aren’t limited to, minor text changes, adding links, updating your WordPress core and plug-ins when necessary, etc. Anything more than a minor change is subject to MBW’s hourly rate.
Please be advised that MadBee Web Design is not responsible for the installation of any item NOT originally agreed on.
MadBee Web Design works very closely with each client to provide unique, high quality and functional design that is within a client’s budget, timeline and requested project description. 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.
In fairness to my other clients, you are allowed only one reschedule of your project. You will be given thirty days to re-schedule; anything longer and your original quote will be null and void and your project will be charged out at MadBee Web Design’s current rates.
In the event of lack of communication by the client for a period of fourteen days or more, ownership of all graphics, artwork, layouts, coding and development by MadBee Web Design will remain the absolute property of MadBee Web Design and will NOT be transferred to the client. Further, MadBee Web Design remains the right to resell the graphics, coding and artwork to recover services rendered.
MadBee Web Design does not provide refunds for web or graphic design services. This includes any initial deposits or deposits paid for a waiting list. The client must submit termination of services in writing. In the event of a cancellation of contract, any payments already received by MadBee Web Design are forfeited by the client and will not be refunded; any future payments scheduled will not be charged to the client; ownership of all software, artwork, layouts and development remain the property of MadBee Web Design and will not be transferred to the client. Money already paid is not refunded in any case whether or not any work has been completed by MadBee Web Design. It is the client’s responsibility to make sure they want a service before entering into this contract. MadBee Web Design reserves the right to resell the graphics to recover any losses a cancellation may have caused. Cancellation of the project in writing will not merit a refund.
MadBee Web Design will not negotiate nor accept chargebacks with any person or company. A chargeback is not an acceptable means of attaining a refund and is considered a threat. 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. Additionally, opening a PayPal dispute for a refund will be handled in exactly the same way as a credit card chargeback.
Furthermore, MadBee Web Design will report the account to all credit reporting bureaus and will proceed with legal action and collection services against the client, business, and individual person to recover funds. We will also delete any/all files, graphics or materials that we have in relation to the client’s website. A chargeback fee of $250 per week will be applied to the project if a chargeback or a temporary hold on the funds has been placed for any reason, as well as additional per hour fee of $40 for any work that was preformed for the client that is being disputed.
All private information involved in any website design project or service provided by MadBee Web Design will remain private and will never be used, redistributed or sold to third parties. The client’s private information, name, address, phone number, and email address will not be given as references to potential clients nor will be published in any way or form on the web, in email communications, or in print.