All services provided by OnyinyeMK are subject to the following terms and conditions that serves as a legal binding contract between the client and OnyinyeMK. These terms and conditions have been put into place to protect both myself and the client. By accepting these terms, you confirm that you are in agreement of these Terms and Conditions whether you have read them or not. Please DO take the time to read them carefully. All work is carried out by OnyinyeMK on the understanding that the client has agreed to the following terms and conditions.
OnyinyeMK reserves the right to refuse services, coupons, giveaways, discounts or freebies to any individual or company I deem as unfit due to content or otherwise. This includes, but is not limited to, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright.
Quote/Proposal: Pricing and proposal information are valid for 5 days after being submitted to client. If the proposal expires, client may resubmit the request.
Payments: Payment is due before any work on a project is to begin. For projects $100 and under, payment in full will be required before work will begin.
For projects over $100, a 50% non-refundable deposit of the total project cost is required before any work will begin. Deposits must be made within 48 hours of receipt of an invoice or the project is subject to cancellation. All final and remaining unpaid balances will be due and payable within 48 hours of your approval of the design concept.
Once the final payment is made, the project will be finalized, and final revisions made and/or uploaded/tested and any final files delivered.
If a project substantially surpasses its original completion date, a partial payment will be required for services rendered up until that point. If the project is near completion, that partial payment will be 2/3 of the final balance; if not, 1/3 of the final balance. All final and remaining unpaid balances will be due and payable within 48 hours of your final approval of the design. Once the final payment is made, any final revisions will be completed and files uploaded/tested and delivered.
Payments may be made by cash, credit/debit card and/or PayPal. Please note that you do not need to have an account with Paypal, you only need to use their services to make the payment through their safe and secure servers. All major credit cards are accepted. Please visit Paypal for more information. No eChecks / Checks will be accepted, unless approved by OnyinyeMK prior to payment submission. No design work will begin until payment has been received and cleared/processed.
Overdue Accounts: If an account becomes overdue (over 10 days), OnyinyeMK retains the right to remove or disable any website, email accounts, or online material and services provided or maintained. Any costs incurred to retrieve outstanding debts will be payable by the client, along with any outstanding amounts owing. OnyinyeMK will not be held responsible for any inconvenience or damage incurred by removing or disabling any online material or services. A $30 late fee will be assessed every three days. Once the account has been deemed overdue, the overdue balance will be forwarded to a collections agency and any future dealings with such clients will be denied or will require full payment in advance, without exception.
Refunds and Cancellations: OnyinyeMK does not provide refunds for any payments unless explicitly agreed upon. You may cancel your project at any time, however; due to the digital nature of this business, payments already received by OnyinyeMK are forfeited by the client and will not be refunded in order to offset its loss of business. Any future payments scheduled will not be charged to the client; however, if substantial work has already been rendered, a partial, or full payment ,if project is in its final stage, will be due to cover any work that has been completed.
Ownership of all artwork, layouts and development will remain the property of OnyinyeMK and will not be transferred to the client. If the project is in it’s final stage, ownership will be transferred to client after full payment is received.
In the event that OnyinyeMK is unable to complete a client’s project, due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to designer’s illness or emergency, then OnyinyeMK will return any deposit or money paid, minus any earned payment for partial services rendered. OnyinyeMK will have no further liability with respect to the client.
Design Drafts: Draft images may not be used for any other purpose than viewing. They may not be copied, edited, or distributed to any other person or company, other than those directly involved with the project without prior permission from OnyinyeMK.
Usernames/Passwords: The client agrees that they may need to provide usernames and/or passwords in order to upload or edit information. Complete privacy is assured. No username or passwords will ever be used for any purpose other than that it was supplied for, and only with the permission of the client.
Client Content: The client agrees to supply all text and pictures required for the inclusion of any items to be designed. It is expected that all text supplied has been checked for typographical and grammatical errors, and has been approved by all parties that will have a final say in the sign-off of any items produced. Additional expenses may be incurred for any necessary action, including, but not limited to, photography services, media conversion, digital image processing and editing, or data entry services. The client agrees that changes and alterations may be made to text and images (with their approval) to improve the design of any items produced (no additional charges for these improvements, this is included with normal design charges).
Website Development and Compatibility: While OnyinyeMK will make every effort to design a fully functional website, the warranty does not cover AOL, text-based browsers, or any other browsers that are not up to date with the modern browsers. Designing a website or blog to be functional in multiple browsers can require considerable, extra effort and time. OnyinyeMK will test the new site to ensure that the design will work in the most current browser versions of Mozilla FireFox, Safari, and Opera (Windows only) as of the project start date. OnyinyeMK can not guarantee that your design will display properly in older versions of said browsers, any other browsers not listed, or future versions of any browsers. While every reasonable effort is made to design a fully functional site, sometimes 100% compatibility is not possible.
Completion Deadlines: OnyinyeMK works hard to complete all projects in a timely manner. However, OnyinyeMK cannot guarantee deadlines as each project is unique and so is each client. OnyinyeMK will provide each client with an approximate project completion date depending on the size, content and functionality requirements of the project. OnyinyeMK will communicate with the client during the entire development of the project and provide them with status updates. OnyinyeMK requests at least 24-72 hours, on business days, to respond to client communications. The client must be available during the duration of the project (except weekends or any holidays) to answer questions, get any additional supplies and for any needed approvals. If the client fails to provide requested information in a timely matter, within 5 business days, the project will then be placed on hold and moved to the bottom of the Current Projects List. If a project is placed on hold due to a failure to provide requested information, a partial payment will be required to cover services rendered up until that point. Partial payment will range from 50% to 90% of the final balance due dependent upon how close the project is to completion. If the client continues to not communicate and provide materials in a timely manner after the project has been placed on hold, the project will be cancelled and no deposits or payments will be refunded.
Excessive and/or Unreasonable Revisions: During the design process every effort possible will be made to create a design that the customer will be 100% happy with, not moving on to the next phase until a resolution of any minor design problem can be fixed. Any minor changes or revisions to the original approved design will be honored as long as they are “minor” and deemed minor by OnyinyeMK and do not change the original design and layout. Any changes or revisions to your project that go over and beyond the minor definition and change design from the original approved layout/design may not be honored and/or will cause additional fees. This is at my discretion. Each client will have ample time and should feel free to discuss any design elements they are unhappy with prior to the completion of the project.
With that being said, OnyinyeMK reserves the right to continue or cancel any project, completed or not, due to excessive revisions and changes. You will be notified if you are nearing the point of excessive revisions. You are urged to stay within reason. If OnyinyeMK decides to cancel the project, no refunds of any kind will be honored. If OnyinyeMK decides to continue on with the project, the re-work and changes will be billed at a per service rate and will be invoiced and should be paid before any additional work will be done.
Project Corrections/Revisions: You will have a period of 2 weeks after the installation of a website (1 week for any other project) to review, test all links, pages, check for any spelling or grammatical errors, minor fixes, broken links, broken pages, etc., and report them to OnyinyeMK as soon as possible to ensure the issues can be taken care of in a timely manner. In regards to website design, clients take on full responsibility of the website once installed. Any issues or fixes needed after the 2 weeks (1 week for any other project) will be quoted and invoiced at a per service rate. OnyinyeMK will not assume responsibility for any issues that arrive after the 1-2 week trouble-shooting period as those issues may be caused by the client / improper updating and maintenance.
Changes or additions to the original approved design, colors, images, site coding, etc., are NOT part of the normal 1/2 weeks of customer service / troubleshooting. Any changes or additions to the original approved design, colors, images, site coding, etc., before or after your design is installed will be quoted, invoiced and need to be paid before any re-work will be performed.
OnyinyeMK also reserves the right to refuse this type of change.
Website Maintenance. The client understands that once the website is completed and installed to the client’s web space, the client takes on full responsibility of maintaining all aspects of the website. OnyinyeMK will ensure the client is aware of available maintenance plans. If a plan is agreed upon, then OnyinyeMK will take on the responsibility of maintaining the agreed upon aspects of the website.
Credit: OnyinyeMK reserves the right to display and link to your completed graphic design and/or website project as part of her portfolio. Copyright and credit information must remain on all websites and in working order. A fee of $100.00 USD will be assessed to remove copyright and credit information. If the copyright and credit information is removed and/or disabled without consent, the website design will be disabled until said information is present and in working order.
Confidentiality: The client and OnyinyeMK may disclose confidential information to one another in order to facilitate work and/or payments under this Agreement. Such information shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information does not include information that: (1) is already known to the party to which it is disclosed; (2) is or becomes part of the public domain without breach of this Agreement; (3) is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.
Representations and Warranties: Client represents and warrants to designer that to the best of client’s knowledge, use of the client content does not infringe the rights of any third party. OnyinyeMK represents and warranty to client that to the best of OnyinyeMK’s knowledge, the deliverables will not violate the rights of any third parties. except for the express representations and warranties stated in this agreement, OnyinyeMK makes no warranties whatsoever. OnyinyeMK explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or govern- ment rules or regulations applicable to the project.
Idemnification and Liability: Client shall indemnify OnyinyeMK from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in deliverables at the request of the client.
Dispute Resolution: Parties agree to attempt to resolve any dispute by negotiation between the parties. if parties are unable to resolve the dispute by negotiation, either par ty may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. the prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation.
License: OnyinyeMK grants to client, upon completion of project and final payment, a non-exclusive, perpetual and worldwide license to use and display final deliverables.