Terms & Conditions

By purchasing services from Auxano Creative (www.auxanocreative.com), you as the client are agreeing to the following terms and conditions:

Payments

For projects under $500, Auxano Creative requires 100% of total payment up front before starting on the project.

Projects where the total cost is between $500-$1,500 will be split into two payments. An initial 50% deposit will be due at contract signing. The remaining 50% balance will be due upon acceptance of the completed design project before it is transferred to the client’s server.

Projects where the total cost is over $1,500 may be split into three payments. An initial 40% deposit will be due at contract signing. The next payment of 30% will be due upon acceptance of the design layout and at the beginning of the implementation stage. The remaining 30% balance will be due upon acceptance of the completed design project before it is transferred to the client’s server.

All amounts must be in US Dollars (US$) and be paid through PayPal or personal/business check.

Mockups and Revisions

Auxano Creative will present up to two website mock-ups for client to review, based on information received in the quote request and website design questionnaire. Auxano Creative typically allows two major changes to the mock-ups before we discuss a price increase. Major changes include layout restructuring, new graphics or images, and new features or functionality. Minor tweaks and revisions are accepted throughout the design process.

Communication and Support

You will need to be readily available for questions and reviews during your scheduled time frame. If circumstances change, and you need to put your project on hold, you will be locked in to your quoted price for a period of 60 days from your estimated start date. After 60 days, your project will need to be reassessed at my current rates. If you decide not to proceed, all deposits are forfeited and any graphics, layouts or mock-ups will remain the property of Auxano Creative.

You will receive email support for 30 days after your site has been transferred to your server. You are encouraged to use this time to upload your content, images, and/or products and process several test entries 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.

Authorization

As the client, you authorize Auxano Creative 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 Auxano Creative with the login information and passwords necessary to access your website.

Copyrights and Trademarks

You must unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Auxano Creative for the inclusion in the your website are owned by you, or that you have permission from the rightful owner to use each of these elements.

Project Ownership

Ownership of final artwork designed by Auxano Creative on your behalf will be transferred to you upon final payment, unless otherwise specified by Auxano Creative. This does not include code or software. Copyright on all software and code remains the property of Auxano Creative or its otherwise respective owner.

All preliminary mockups to include graphics, layouts, etc., which are not selected by you remain the full property of Auxano Creative and may be used in future projects for other clients.

Credit

Auxano Creative retains all rights to display artwork in portfolios and advertising materials.

All website designs by Auxano Creative require a text link back to Auxano Creative unless other arrangements have been made. The client guarantees that links back to Auxano Creative will remain in place until such time as that website design is no longer published on the Internet. Removal of this link is in violation of this agreement and subject to breach of contract.

Cross-Browser Compatibility

This agreement covers the creation of a web site viewable in current versions of Microsoft Internet Explorer, Mozilla Firefox, Opera, and Safari. We cannot guarantee error-free viewing in any browser that includes third-party plug-ins. Compatibility is defined herein as all critical elements of each page being viewable in these browsers. Client is aware that some Internet technologies may require a more recent browser version, operating system, and brand or plug-in.

Liability

Any service purchased from Auxano Creative is provided ‘as is’ without warranty of any kind that the web design project will be uninterrupted or error-free. In no event will Auxano Creative 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 Auxano Creative 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.

Auxano Creative will make no warranty to cover AOL, text-based or old browsers or requested special effects that have been advised against.

Hours of Operation

Auxano Creative’s business hours are Monday through Friday. If you require maintenance after hours, such as on weekends or holidays, you will be charged our base rate of $45 per hour with an additional charge of $35 per hour for after-hours assistance.

Confidentiality

All correspondence and documents provided will be treated as confidential between the client and Auxano Creative.

Acceptance

Please note that by submitting your down payment for our services you are agreeing to all of our terms of service as written here. Auxano Creative reserves the right to change or update these terms at any time without prior notice.

Updated September 2009