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Terms of Service

In the act of engaging In The Designs as an independent contractor for the specific project of developing and/or improving your World Wide Web site, you hereby agree to the terms of service as described below.

Definition of Terms
ITD: In The Design, P.O. Box 480152, New Haven, MI 48048
CLIENT: Any individual, company, entity utilizing the services of ITD
CONTRACT: An agreement made between ITD and CLIENT, whether written or by email

Standard Terms of Agreement

  1. Authorization
    • The above named CLIENT is engaging ITD as an independent contractor for the specific project of developing and/or improving the CLIENT's World Wide Web site. The CLIENT hereby authorizes ITD to access this website and authorizes to provide ITD with any necessary "write permission" for the CLIENT's directories or programs that need to be accessed for this project. The CLIENT also authorizes ITD to publicize its completed website to web search engines, as well as other web directories and indexes.
  2. Warranties
    • ITD represents and warrants to the CLIENT that it has the experience and ability to perform the services required by this CONTRACT; that it will perform said services in a professional, competent, and timely manner; that it has the power to enter into and perform this CONTRACT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state, and municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services meet CLIENT's satisfaction.
    • The CLIENT represents and warrants to ITD that it will provide CLIENT materials as required in a professional, competent, and timely manner; that it has the power to enter into this agreement on behalf of CLIENT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state, and municipal laws.
  3. Standard Products and Services
    • Website Development: Unless otherwise arranged in the CONTRACT, the standard website development as defined through ITD is as follows:
      • Email consultation (initial planning/development consultation is free)
      • Text. Final text shall be supplied by the CLIENT. (Web pages with more than 1,500 words of text may be subject to additional fees for increased formatting time.)
      • Links. An email response link on each web page and/or on contact page to any email address the CLIENT designates.
      • Installation of web page(s) on the CLIENT's website.
      • A maximum of two revisions, prior to approval, to the draft website will be included at no extra cost to create the look and feel that is desired. Further revisions will be billed at $11 an hour flat.
    • Web Hosting: Unless otherwise arranged in the CONTRACT, the standard website hosting as defined through ITD is as follows:
      • One-year domain name registration or transfer, private registration, email account(s), and hosting space. Additional services include business registration, domain duration extension, hosting space extension and/or upgrade, SSL certificates, additional email account(s), and email account(s) storage upgrade. These services are purchased through an external company, GoDaddy.com. ITD does not provide the listed services, but rather assists the CLIENT in obtaining them. The availability of a domain is not a guarantee. The CLIENT will be connected to and utilize the hardware and software facilities of GoDaddy.com to establish an Internet website. The CLIENT agrees to not hold ITD responsible for mistakes, omissions, interruptions, deletion, or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access on behalf of GoDaddy.com.
      • Domain name search and advice. If a domain name is needed for the website, ITD will suggest appropriate names and do a search to establish the availability of those names. The determination of a domain name's availability through the domain name registry does not guarantee it will still be available at the time of registration.
      • The sending of spam, or unsolicited bulk email, is not permitted on accounts hosted by ITD.
      • Website hosting runs from the beginning of this contract for a period of one year. The CLIENT will be notified within three months prior to renewal for permission to renew one or more years.
    • Website Maintenance and Repairs
      • Any agreed upon work by ITD to maintain or repair a currently existing website will be assessed at the appropriate website maintenance rate based on ITD's discretion.
  4. Payment
    • Payment shall be by cash, check, or PayPal.com transfer, in US dollars, and comply with specific payment instructions stated below.
      • Cash can be presented in person or mailed directly to ITD. Please, no coins when mailing directly. If cents are required in payment amount, round to nearest dollar.
      • Checks will only be accepted if CLIENT and ITD have met in person, plan on meeting again, and have established trustworthiness between each and everyone.
      • PayPal.com transfers can be sent to info@inthedesigns.net. A verified PayPal account is required to complete transaction. If a credit/debit card is used as the payment method when sending money, an additional $1 or more will be charged to cover the transaction rates. Please remember to select the "Personal" tab when sending money otherwise the fee amount will be applied to CLIENT's account.
  5. Payment Terms
    • Unless otherwise stated in the CONTRACT, the following standard terms apply.
      • Custom Website Development:
        One hundred percent (100%) of the domain and hosting and fifty percent (50%) of the remaining total cost is required to commence work. The website will then be put online in a draft directory of ITD's website for the CLIENT's viewing. During this proofing stage, typographic errors, design changes, and other corrections will be made according to the instructions of the CLIENT. The web hosting time frame begins when the initial deposit is made. Payment for the website must be made in full before the website will be moved to the main directory of the CLIENT's ISP.
      • Web Hosting:
        Web hosting is paid annually in advance unless otherwise arranged in the CONTRACT. Invoices are sent out 90 days before the end of the hosting term. Renewal options will appear three months prior to expiration. No refunds are available for unused hosting terms.
      • Domain Names:
        Domain name registration is paid annually in advance. Renewal options will appear 90 days prior to expiration. No refunds are available for renewed domain names.
      • Updates, Repairs, & Maintenace:
        Updates, repairs, and maintenance work is paid in advance when so arranged. Otherwise, if other terms have not been agreed upon, time spent will be tracked by ITD and an invoice at the appropriate website maintenance rate will be submitted to CLIENT for payment within 10 days.
  6. Completion Date
    • ITD and the CLIENT must work together to complete any agreed upon CONTRACT in a timely manner. Much of this depends on receiving the appropriate images and text from the CLIENT. Both parties agree to work expeditiously to complete any CONTRACT in a professional and timely fashion.
  7. Assignment of Project
    • ITD reserves the right to assign subcontractors to any project to insure the right fit for the job as well as on-time completion. ITD will be responsible for the final results of the project.
  8. Copyrights and Trademarks
    • The CLIENT represents to ITD and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ITD for inclusion in webpages are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ITD and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.ortfolio.
  9. Limitied Liability
    • CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, fraudulant material, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
    • CLIENT hereby agrees to indemnify and hold harmless ITD from any claim resulting from CLIENT's publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless ITD in any claim resulting from the submission of illegal materials.
    • If ITD shall acquire an Internet Domain Name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against ITD, for any loss, damage, claim or expense arising out of or in relation to the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of the providing of this service by ITD for any reason.
    • Under no circumstances, including negligence, shall ITD, its offices, agents or anyone else involved in creating, producing or distributing its services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use ITD's services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ITD's records, programs or services. Client maintains sole responsibility for data backups and restoration. CLIENT hereby acknowledges that this paragraph shall apply to all content on ITD's services.
    • Notwithstanding the above, CLIENT's exclusive remedies for all damages, losses and causes of actions whether in CONTRACT, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which CLIENT paid during the term of the CONTRACT and any reasonable attorney's fee and court costs.
  10. Indemnification
    • CLIENT agrees that it shall defend, indemnify, save and hold ITD harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, ("Liabilities") asserted against ITD, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sole by CLIENT, its agents, employee or assigns. CLIENT agrees to defend, indemnify and hold harmless ITD against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with ITD's service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold on a website.
  11. Laws Affecting Electronic Commerce
    • The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ITD and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT's use of Internet electronic commerce.
    • Although ITD will assist and advise in the set-up use of credit cards transactions online when so contracted, it is solely the responsibility of the CLIENT to be aware of security issues involved in the acceptance of credit cards and other forms of monetary transactions via the Internet.
  12. Copyright to Web Pages
    • ITD owns copyrights to the finished, assembled work of web pages produced by ITD. Upon final payment of this CONTRACT, the CLIENT is assigned rights to use as a website the design, graphics, and text contained in the finished, assembled website.
    • Materials not owned by ITD remain the property of their respective owners.
    • Rights to photos and graphics not used in the finished product as well as source code, work-up files, and computer programs are specifically not transferred to the CLIENT.
    • ITD and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolio.
  13. Authorship Credit
    • The CLIENT agrees to establish authorship of ITD's service(s) with the inclusion of a text link located in an appropriate location and/or a credit line located within the top portion of the CLIENT's website's source code. This credit is upon agreement by both CLIENT and ITD and must be removed at any time upon written request by ITD.
  14. Non-Disclosure
    • ITD, its employees and subcontractors agree that, except as directed by CLIENT, it will not at any time during or after the term of this CONTRACT disclose any confidential information to any person whatsoever.
  15. Cancellation
    • In the event that work is postponed or cancelled at the request of the CLIENT by registered letter, ITD shall have the right to bill for work completed through the date of that request, while reserving all rights under any CONTRACT. If additional payment is due, this shall be payable within 10 days of the CLIENT's notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by ITD, and ITD shall own all rights to the work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.
  16. Payment of Fees
    • In order for ITD to remain in business, payments must be made promptly. Invoices are due upon receipt. Unpaid bills will be assessed a $10 charge if payment is not received within ten days of the due date. If an amount remains unpaid thirty (30) days after its due date, an additional five percent (5%) penalty will be added for each month of negligence. ITD reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. Please pay on time.
  17. Entire Understanding
    • Any CONTRACT constitutes the sole agreement between ITD and the CLIENT regarding its web design or hosting service. It becomes effective only when agreed upon by both parties. Any CONTRACT shall be governed and construed in accordance with the laws of the State of Michigan. The parties agree that if any part, term, or provision of any CONTRACT shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.

Last Updated: Tuesday, June 29th 2010 at 10:01 AM MST