We prefer to keep things simple around here. We are very selective in the projects we engage in and customers we accept work from. We only work with clients where both parties believe there is a good match to the services we offer. Clients must be comfortable working with our staff members and designers, and we ALL must feel comfortable working together in order for any project to be completed successfully ... leading ultimately to the main objective of a long term and satisfying business relationship for BOTH parties.
GENERAL TERMS & CONDITIONS : We are flexible with the PAYMENT TERMS we offer. We typically ask for 50% Down and 50% upon completion of the project. However, we will extend ANY reasonable payment terms to a client that we feel will make a good business partner. We have often made special arrangements to accomodate a client's special needs, so please do not hesitate to ask if you require special considerations. Payment arrangements and methods must be made, approved and agreed upon in advance of any actual design service being performed. Failure to meet the terms of an arrangement may constitute a breach and cause an interruption of services. We do accept ALL Major Credit Cards.
We ask that both parties act in an open, honest & ethical business relationship.
Please do not ask us to work for FREE, as that is not why any of us are in business. If you make any arrangement with us, be it one of payment, production schedule, or a simple appointment, ... we ask that you keep that arrangement and/or communicate with us in the event that something unforseen comes up that would force you to alter the arrangement. We will likewise extend the same courtesies at all times.
A Special Note : Unfortunately, we cannot tolerate 1) broken payment agreements without communication, 2) late hosting fees (as our hosting services are provided as a courtesy and at cost), 3) chargebacks on services delivered, 4) a failure to make payment on services delivered where and when payment is due, or 5) any other matters that would require us to engage in additional, unwarranted administration, or the need to obtain legal assistance to get a client to meet their agreed upon obligations under our business arrangement and as part of our ongoing business relationship. WE EXPECT YOU TO ENTER INTO ANY ARRANGEMENT WITH A CLEAR UNDERSTANDING OF OUR TERMS, CONDITIONS & POLICIES and therefore, we post them here for your convenience.
Primary Condition of Service : Thus, you hereby agree as the primary term and condition of using our services, and by making payment to us, that you authorize us to perform services for you, and agree to pay to us a pre-determined rate or fee that is disclosed to you prior to any service that is completed in accordance to your instruction. Furthermore, you agree that should any circumstance arise where legal assistance or services are required to settle an issue or dispute, that these terms, POSTED HEREIN, have been agreed upon and that all legal proceedings, should they be required, will be facilitated under local jurisdiction in the County of Arapahoe in the state of Colorado. Finally, you agree that the prevailing party of any such legal proceedings will be entitled to compensation from the losing party for any and all reasonable attorney fees and other legal or administrative fees that may arise.
Project Delays & Delay of Schedules Policy: We make every effort to work closely with all clients to provide a fast and ACCURATE turn-around of your project. With all projects, the primary costs & fees are directly associated with human labor expenses that must be paid IN ACCORDANCE to LABOR FEDERAL LAWS to our staff, developers, and employees. In most cases we staff a project based on pre-determined schedules and the expectations that we will be receiving content from our clients within 24 to 48 hours of requesting it from you. In many cases we are unable to continue development on a project without this content or information that we request at various phases of the development. Should you be unable to reply to us and/or provide the content within a 48 to 72 hour window, while we have your project in our open productions schedules, your project may be delayed and have to be recycled in our production schedules at the time we recieve the requested content or information from you. In such an event we cannot be held liable for how it may impact our schedules and/or the possible completion and/or launch date of your development project. We try to complete all projects in a 4 to 12 week turn around, depending on the type of development. The typical web development project takes 6 to 8 weeks to complete and we staff and schedule our labor forces accordingly in an effort to maintain these normal averages. In the event that we have made multiple request for materials from you that are needed and required to complete your project and we are not hearing back from you in reasonable time frames, it usually will cause a delay in the production schedule, especially during our peek production seasons around or approching the holidays ... (OCTOBER through DECEMBER)
Due to the large volume of Ecommerce clients we provide maintenance services and support to, this is also the time of year that we will most likely strongly enforce the following "Granting of Payment Terms" policies below, because any delays which are out of our control during this season will definitely greatly impact and increase our labor expenses associated in completing your project during the peek or holiday season, noted above. In short ... , PLEASE BE PROMPT IN REPLYING TO ANY OF OUR REQUEST FOR MATERIALS OR ANY INFORMATION NEEDED FROM YOU TO CONTINUE OR COMPLETE YOUR PROJECT.
Granting of "On Completion" or "Installment" Payment Terms : In the event of such a delay caused by and/or as noted above, that IF there is a balance due on the project by the client whose granted terms are scheduled for an "on completion" or "installment" of payment, the client hereby, in accepting our terms, agrees to allowing us to process payment for any remaining balance at the sole determination of SME, if the clients failure to comply with a request for content or material is deemed to be creating significant delays or delays that will likely increase or impact our labor expense to complete the job at a later time. The best way to avoid such a circumstance is simply to be attentive and responsive to participating in the build process and quickly provide any items, details or materials that we will request from you from time-to-time during the production process. Should we feel the need to process ANY PAYMENT earlier than actually indicated by an intended schedule that we are attempting to meet in accordance with your development request, that has been delayed for the reason posted above, the client hereby agrees to the processing without any need for notification and will not dispute any payments processed earlier than may have originally been intended under these conditions, providing that SME continues to process and complete the project as quickly as possible and as soon as our schedules will allow us to do so without interferring with other projects or forcing over-time or additional labor expenses, AND only then upon receiving the needed or requested materials of infomation from the client.
In summary, any project approved for "on completion" or "installment" terms of payment agrees that any payments cannot and will not be delayed by the clients failure or unforeseen ability to participate in the production processes. If it is deemed that the client is causing unwarranted or significant delays to their own project(s), SMD may at its sole discretion process any balances or payments still remaining so long as we remain willing and able to complete the work when we receive the needed or requested material from you. Typically depending on our work load and the time of year, project delayed by the client for more than 2 weeks may be subject to early payment processing. After 30 or 60 days (depending on the size and scope of the project) of client created delays, any remaining payments due will be automatically processed by our billing system.
HOSTING SERVICES & SERVER DEPENDENCY Policies: At key stages of any web development project the work to be performed, or that is being performed, will become dependent on a HOSTING SERVER. Regardless of who the provider of the hosting service is, it is understood that work cannot be performed without access to the server that will host the development. The client is fully responsible for insuring that any fees associated with this service are paid in a timely manner in order to keep the server or hosting services in a fully functional and operational state. Should for any reason our access to the hosting server become restricted or unobtainable, in the event that a project is in progress, or at any stage of completion, we are no longer responsible for any work that has been completed and/or may have remained incomplete until the hosting server is restored IN THE SAME STATE OF DEVELOPMENT AND CONDITION it was at prior to the interruption of service. The client understands that the HOSTING SERVICES associated with any project are INDEPENDENT and separate from the DESIGN SERVICES or any package that may have been purchased from us. In the event that hosting services are disabled at any phase of their necessity to continue or complete work, the client for which work is being done for, will be responsible for any fees associated with possible redevelopment of any work lost as a result of the hosting services being interrupted. If a client has delayed a project development beyond the typical 1 to 3 month standard completion times, and especially beyond the 12 month annual renewal of a hosting service that we may have provided, and they do not renew their hosting service with us when due, it is understood that the project becomes sacraficed by the client if the hosting service is not renewed within 14 days of its expiration date and that any pre-paid fees associated with the project are then surrendered without the expectation of refund, or any further obligations or consequences to be assessed that may cause unwarranted damages to the provider of any services associated with the project or development affected by the neglect of not maintaining or renewing the HOSTING SERVICES that the project is dependent on.
COMPONENT UPGRADE Policies: Many projects, in order to reduce production cost and save productions time, will utilize predeveloped software components such as shopping carts and content management systems. Simply My Design LLC will support FREE Upgrades for such components for the period of 1 full Version Upgrade only ... for example we will provide FREE upgrades, on request, to a component that is a vs. 3.0 through 4.0. If your development utilizes a 3rd party software that is at 3.2 at the time of the original development the software will be updated for FREE upto and through the release of 4.2. Any upgrades beyond a FULL Version Upgrade of 3rd party software MAY entail additional cost to upgrade the newer version or versions beyond the 1 full version of your original development. Simply My Design, LLC makes every effort to utilize the most current version of 3rd Party Software components for any component we might deploy for use on a project. However, please recognize that from time to time a NEW Feature or potential a KEY Feature of a these components may get altered or old coding methods such as a SHIPPING or GATEWAY Method may get retired by a 4th Party source that is utilized by the 3rd Party Software deployed, that REQUIRES a components UPGRADE in order to continue using the feature. In such a case if the upgrade is outside of the 1 Full version FREE Upgrade/Support, that SIMPLY MY DESIGN, LLC is NOT responsible for the cost of the upgrade, and that additional FEES may be associated with bringing the component up to date, especially in an event where a feature has been modified by a 4th Party Code Source that is not directly associated with the day to day operation of Simply My Design, LLC. Users of our design services understand and agree that over long periods of time that technologies can change or be altered and that at some point in time you may need to look at the expense of upgrades to stay current with the latest technologies of features tied to outside vendors such as your Merchant Account Provider or 4th Party Shipping and/or Fulfillment Services.
Cancellations, Refund & Chargeback Policies: As our DESIGN SERVICES are 100% CUSTOMIZED for the needs of our clients and involve DIRECT LABOR expenses that must be met and paid to personnel under FEDERAL LAW & LABOR PRACTICES, which in any circumstance cannot be recaptured, it is understood by all parties that we are unable to issue a refund for services that have already been delivered in accordance with a clients instructions to perform a specific service for them. Any request for REFUND must be made in writing and made PRIOR to any work being completed by our staff.
CANCELLATION request may only be made for incomplete work. A refund request, depending on individual circumstances, may be honored and a refund issued for any unfinished work at the sole discretion of Simply My Event, LLC, but only after a review of the circumstances that caused the cancellation of services. If a refund is warranted and approved it will be issued to the client usually within 7 to 10 business days of its approval. Pre-Paid Hosting or Site Maintenance Fees are NON-REFUNDABLE.
JURISDICTION & REMEDIES. In the event that any issues should arise that requires legal services to resolve or settle a dispute between either parties pertaining to services renered, it is understood and aggreed that jurisdiction will be handled in the State of Colorado and County of Arapahoe. It is further understood and agreed that any legal fees associated with any need for professional legal services will be awarded to the prevailing party of any dispute.
CHARGEBACKS for PAYMENTS MADE via CREDIT CARD will not be tolerated in the event that services have been delivered, completed in full or in part, or that are being provided to a client in accordance to client's specific instructions or under an arrangement that has been made between Simply My Event, LLC and the client, on the clients's behalf, or at the client's request. Any client who has initiated credit card charge back without contacting our offices first to discuss the charges will be subject to an immediate halt or disruption of services until, and at our discretion, possibly beyond such a time that all adminstration or legal cost associated with recovery of any damages resulting from such a chargeback have been satisfied.