FELLOW DESIGNS

Web - Graphic - Multimedia

Terms of Service

 

By placing an order with Fellow Designs, you agree to be bound by the following terms and conditions. Please make sure you have read all of the below policies and terms before placing an order. Fellow Designs is not responsible if your order does not meet these terms and conditions.

Fellowdesigns will provide free estimates for all work requests.  When placing an order with Fellow Designs, a retainer payment in the estimated amount will be requested at the time you place your order. You will receive a full refund of the remaining amount after work and expenses have been deducted anytime upon request or when work is complete. If for any reason you are not satisfied with the design, Fellowdesigns will do everything to adjust it until you are satisfied!  However, this will require additional time  and payment.

Fellow Designs may purchase or transfer your domain name for you, but will not retain ownership of your domain name. If at any time you need to cancel your hosting or web design services, you may do so and take your domain with you. However, we cannot fulfil refunds for cancelling hosting and/or domain accounts. Only the company hosting these accounts can do so. Please read their terms and conditions for further information. Fellow Designs will not be held responsible for any content on sites other than our own. The hosting company we recommend is Godaddy.com. 

Some work may not be accepted in the sole discretion of Fellow Designs. Work not accepted would be work that is considered either vulgar, inappropriate, distasteful, or offensive in the sole discretion of Fellow Designs. Any work that attacks or demeans an individual, race, religion, group, etc. in the sole discretion of Fellow Designs will not be accepted.   Personal or economic rights: The customer also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone's right to privacy or other personal or economic rights. The customer will, at the customer's sole expense, promptly and thoroughly defend Fellow Designs in all legal actions on these grounds in a manner acceptable to Fellow Designs as long as Fellow Designs promptly notifies the customer of the legal action and gives the customer reasonable time to undertake and conduct a defense. Fellow Designs reserves the right to use sole discretion in refusing to print anything deemed illegal, libelous, scandalous, improper or infringing upon copyright law.

PAYMENTS
We accept cash, money orders, certified/bank checks, Visa, Mastercard, and PayPal. Company checks and personal checks may also be accepted but your project will be delayed while we clear the check unless other arrangements have been made in advance.

LIABILITY
Disclaimer of Express Warranties: Fellow Designs warrants that the work is as described in the work order form. The customer understands that all sketches, copy, dummies, PDF files and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed. Disclaimer of Implied Warranties: Fellow Designs warrants only that the work will conform to the description contained in the work order form. Fellow Designs' maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will Fellow Designs be liable for specific, individual, or consequential damages.

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold Fellowdesigns.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Fellowdesigns.com , its agents, its customers, corporation officers and independent contractors, that may arise or result from any service provided or performed or agreed to be performed or any product or service sold by customer, it's agents, employees or assigns. This means that the customer will hold Fellow Designs harmless and save, indemnify, and otherwise defend Fellow Designs against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence. Customer agrees to defend, indemnify and hold harmless Fellowdesigns.com against liabilities arising out of; 

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Fellowdesigns.com server or website designed or hosted by  Fellowdesigns.com;
  2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and
  3. copyright infringement. Customer agrees to limit the liability of  Fellowdesigns.com to the amount paid for service.
  4. Loses you incur by not paying money owed to  Fellowdesigns.com.


The client is responsible for all content on their website, not  Fellowdesigns.com.  Fellowdesigns.com has no liability for your content even if you asked us to write it. Customer is responsible to review it and ask for changes, if he/she is not happy with it.

 

Copyrights:
The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold Fellow Designs harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided. If the customer chooses to cancel service and use another web design and/or web hosting company, that company will be able to use only information that was provided by the customer to Fellow Designs, such as photos and text. Any designs created by Fellow Designs, including but not limited to, logos, graphics, and text, are the sole property of Fellow Designs.

USE
From time to time Fellow Designs may use your art or completed project in an effort to show our work to prospective and current clients. This may be done on our websites, direct mail material, brochures, cards, flyers, and/or providing actual samples. We do not intend to suggest that we have the right to sell your work, we are only showing samples of our capabilities to prospective and current clients. We will never charge any party for these items or samples, nor will you receive any compensation for their use. If you do not want your project to be used or highlighted in this way then you must tell us clearly in written form when you submit your order. We will respond to your request by telling you that we have received your instructions. If you do not receive a written response to your instructions then we did not receive your request. In any case if we inadvertently or mistakenly use your materials for this purpose then you agree to hold us harmless against any claims made due to its use. It is our intent to follow your instructions accurately.

TAXES
All amounts due for taxes and assessments will be added to the customer's invoice as directed by the state of California and are the responsibility of the customer. No tax exemption will be granted unless the customer's properly filled out "Exemption Certificate" accompanies the project when submitted. If, after the customer has paid the invoice, it is determined that more tax is due, then the customer agrees to promptly remit the required taxes to the taxing authority, or immediately reimburse Fellow Designs for any additional taxes paid. For projects out of state there is no tax due by the state of California under current law, therefor we will not collect tax on out of state shipments. You may still be liable for taxes in your home state. The customer agrees to pay all taxes due in their home state and also pay any claims made by your home state against Fellow Designs in connection with work performed on your behalf. We encourage you to inquire with your state comptroller about tax liability.

 

Client Login