Last updated: 12/29/2020
Agreement to Terms
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Dev Design LLC (we, us), concerning your access to and use of the Dev Design (www.devdesign.io) website as well as any related applications (the Site).
The following Terms and Conditions of Service apply to all products and services provided by Dev Design. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated Revised date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.
Our site is directed to people residing in the United States. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
At the time of proposal, Dev Design will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Dev Design website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Dev Design.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Dev Design Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by Dev Design will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to Dev Design.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of America US Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card.
Payments made by check must be previously agreed and may be subject to an administration charge. Checks should not be sent in regular mail unless sent recorded delivery.
Publication and/or release of work done by Dev Design on behalf of the client, may not take place before cleared funds have been received.
Returned checks will incur an additional fee of $50 per returned cheque. Dev Design reserves the right to consider an account to be in default in the event of a returned checks.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Dev Design shall be entitled to remove Dev Design ‘s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all Dev Design ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Dev Design for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Dev Design on behalf of the customer, will remain the property of Dev Design and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from Dev Design, the necessary permission to use materials (for which Dev Design holds the copyright) in forms other than for which it was originally supplied, and Dev Design may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not Dev Design.
By supplying images, text, or any other data to Dev Design, the customer grants Dev Design permission to use this material freely in the pursuit of the design.
Should Dev Design, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Dev Design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Dev Design free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Dev Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Dev Design, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Dev Design and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Dev Design will not be held responsible for any and all damages resulting from such claims.
Dev Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Dev Design responsible for any such loss or damage.
Any claim against Dev Design shall be limited to the relevant fee(s) paid by the customer.
Design Project Duration
Any indication given by Dev Design of a design project’s duration is to be considered by the customer to be an estimation. Dev Design cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Dev Design for the initial payment or by date confirmed in writing by Dev Design.
Rights of Access for Website Construction
The client agrees to allow Dev Design all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow Dev Design access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Dev Design with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Dev Design considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website design only
Dev Design require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, Dev Design will provide the customer with the opportunity to review the resulting work. Dev Design will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Dev Design by e-mail. Dev Design will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Dev Design may request that clients change the type of hosting account used if that account is deemed by Dev Design to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Dev Design’s virtual server are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organisations are the responsibility of the client and Dev Design are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Dev Design cannot guarantee the availability of any domain name. Where Dev Design is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Dev Design cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Dev Design recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
The customer agrees to allow Dev Design to place a small credit on printed material exhibition displays, advertisements and/or a link to Dev Design own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow Dev Design to place websites and other designs, along with a link to the client’s site on Dev Design’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Dev Design will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Dev Design also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Dev Design does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Dev Design to remove the contravention without hindrance, or penalty. Dev Design is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Dev Design will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by De Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Dev Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Dev Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Dev Design is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Dev Design responsible for any such loss or damage. Any claim against Dev Design shall be limited to the relevant fee(s) paid by the customer.
Dev Design reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Dev Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Dev Design and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Dev Design recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Dev Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Dev Design, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.devdesign.io.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Dev Design.