Terms and Conditions

I am providing a copy of my terms and conditions as a courtesy to parties interested in working with me. THIS IS NOT A BINDING CONTRACT. Terms and conditions are subject to change. Please read over your own documents to make sure you agree with the terms offered to you before submitting them signed.

Swiftheart Designs is hired by you, the client, as an independent web development business to provide the services of design, development, and deployment of your website.

Swiftheart Designs will do its best to complete the project in the agreed time frame and launch the website, or provide any branding or deliverables due as agreed to by contract.

To meet the deadline Swiftheart Designs relies on the client to respond to project communication, provide assets, and answer questions in a timely manner.

Project delays may happen due to personal circumstances such as illness, death of family, or acts of God. If the project is delayed Swiftheart Designs will communicate with the client to resume the project timeline within a reasonable time frame.

Swiftheart Designs will complete one large revision and two minor revisions. Large revisions are requests that drastically change the look or functionality of the design. Small revisions are for smaller corrections like moving around elements, small color changes, changing images and copy, etc. To keep the project on schedule all large revisions should be done at the first feedback session before further work is done. At this stage I want you to take your time and be as thorough as possible. If the client purchased a Web Design Package for each revision, please note all the changes needed for the whole site.

All revisions must be requested in writing via email.

Please note that revisions can possibly cause delays and the project schedule may shift. If additional revisions need to be made clients will incur an hourly billable project charge which will be listed on the contract.

Any changes to the project scope will be billed separately and will be agreed upon in a separate contract. It is important that the client let Swiftheart Designs know if any major changes need to be made to the project scope prior to signing the contract. Changes after the start of a project may delay the launch date of the website.

The Agreement will automatically terminate when both Parties have performed all their obligation under the Agreement and all payments have been made.

If the client needs to cancel the project or for any reason, there will be a cancellation fee which will be based on a pro rata portion of the retainer and expenses already incurred though the date of cancellation.

Once a project is complete no refunds will be issued.

If the client fails to meet the terms of your agreement, Swiftheart Designs may terminate the service at any time without penalty.

Once the retainer is paid, all additional payments left on the schedule are due by 11:59 PM CST on the due date on the invoice. After the due date has passed a late fee which will be listed on the contract will be applied to the project per month of non-payment.

A project is considered abandoned if 60 days have passed since the last communication received from a client. In all abandoned projects, any payments made from the client to Swiftheart Designs are non-refundable. If the client would like to renew the project after termination it will require a new agreement, fee schedule, and deposit.

All copyrights over the final project will be transferred from Swiftheart Designs to the client as soon as the final payment is completed. All files related to the project will be given to the client upon completion of the project. Swiftheart Designs reserves the right to show the client’s website as part of its portfolio & marketing.

The client guarantees that they have legal rights or licenses to use all elements of text, photographs, and anything else that they provide the Web Designer with and will not hold the Web Designer responsible for any third-party claims.

Swiftheart Designs will guarantee that they have legal rights or licenses to all the elements related to the services they are providing and will not hold the client responsible for any third-party claims.

During the term of this agreement and afterward, Swiftheart Designs will use reasonable care to prevent unauthorized use or dissemination of the client’s confidential information. If something is confidential it needs to be appropriately marked as confidential.

Confidential information does not apply to information that Swiftheart Designs knew before it was disclosed, public knowledge, or from information obtained from outside sources who don’t owe confidentiality to the client.

If a client is seeking web design services and already has a website, the client will provide Swiftheart Designs access to their hosting provider, and website with write permissions to all directories, and files. Swiftheart Designs will have permission to install any necessary files needed for maintenance, updates, and security.

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.

If either party accuses the other of being in breach of contract, the accused party will have 30 days to address the breach.

In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining portions of this Agreement will remain upheld.

The Agreement shall be construed in accordance with the internal laws of the United States of America in the State of Texas.

The client’s contract supersedes all prior agreements verbal or otherwise between the parties for performance of services. The parties may amend the agreement in a written document signed by both parties.