ICQ: 342-571-754
In order to purchase any design from THUMB DESIGNER, your age must be legal in your place of residence (18 old or older). All design projects by THUMB DESIGNER should be prepaid. You agree to pay half of the total cost the day you order or 7-5 days before start date and the other half upon completion. Until such time as full payment has been received and/or payment has cleared the issuing account, THUMB DESIGNER reserves the right to withhold your final design. The payment must be provided in the form of either: Wire Transfer, Epassporte or Western Union. Wire transfer can be invoiced only!
GENERAL TERMS AND CONDITIONS
1. Object of the contract:
The account holder, hereinafter referred to as CLIENT, contracts with THUMB DESIGNER specifically to design, develop and/or modify either:
- a Web site or/and website template to be setup/developed/edited;
- a Web site or/and website template, graphic to be designed/redesigned;
- a Software/code to be installed on space secured by the client on an Internet Service Provider's (ISP) /Web Presence Provider?s (WPP) computer, hereinafter called ?Hosting Service?.
The CLIENT understands that a hosting service in connection with the web design project, in case of a), is not provided by THUMB DESIGNER. The CLIENT takes on all responsibility for the functionality and use of the web design project.
2. Trademarks and copyrights; lawfulness of the images:
The CLIENT represents and guarantees to THUMB DESIGNER that any elements of photographs, designs, trademarks, graphics, text and other artwork supplied to THUMB DESIGNER for inserting in design covered by this agreement are possessed by the CLIENT or the CLIENT has the rightful owner?s permission to use each of those elements and will hold harmless, indemnify and protect THUMB DESIGNER from liability including court costs and attorney?s fees, and any claim or suit, actual or threatened, arising from the use of such elements supplied by the CLIENT.
Model(s) provided for the design and appearing in images must be 18 years of age or older. The CLIENT affirms that he has, maintains or can gain access to records confirming the legal age(s) of these model(s).
3. Design project copyright:
Once final payment under this agreement and any additional charges incurred have been paid, the content designed under work for hire and specifically requested by the CLIENT, shall be the intellectual property of the CLIENT. Rights to photos, clipart, graphics, source code, computer programs and work-up files which are not specifically requested and designed under work for hire will not be transferred to the CLIENT, and remain property of their respective owners.
THUMB DESIGNER reserves the right to advertise its services in its portfolio within the website by displaying all completed designs.
4. Payment:
All payment to THUMB DESIGNER should be provided on this schedule: 50% upon signing this agreement and 50% when the project has been completed.
Updates, maintenance, publicity and other hourly work can be undertaken only after the final payment for the agreement has been made. In case the client doesn?t provide the proper prepayment for the project before completion, the project will be removed from the schedule. The client could order this project again within 1 (one) month. In case of a repeat order, the payment should be made instantly.
In case the client leaves the project without the proper payment after completion, the client can pay the bill and claim the project within 3 (three) months. After the expiration of that period, all the material produced in the project will belong to THUMB DESIGNER with no link to the client who previously started the project. In order to cover the costs of the project design and maintenance, THUMB DESIGNER will retain the upfront money paid. All payments should be in U.S. funds, unless agreed in writing by both parties.
5. Design Development:
5.1. General
a) Begin: The design development will begin when the CLIENT supplies THUMB DESIGNER with all necessary data. All http://thumbdesigner.com/templates/en/images/data should be submitted electronically.
b) Term: The deadline will be the deadline set forth in the specifications or agreed between the parties. The period starts to run the moment the CLIENT submits to THUMB DESIGNER all necessary materials. In case the CLIENT fails to submit the materials within a reasonable period of time, THUMB DESIGNER will fix a new deadline.
a) In the first place, THUMB DESIGNER will develop a screenshot image (Scratched design work) containing the main idea of the Website (Concept Page). This image will be sent to the client for approval and will not be functional.
In case the CLIENT doesn?t approve the main idea, he will have the right to require up to two substantial changes of the Concept Page. If the changes are of a legitimate nature or caused through the fault of THUMB DESIGNER, this limit will not be applied. If the CLIENT needs other additional changes, he will be charged an extra fee.
In case the CLIENT approves the main idea, he will still have the right to require non-substantial changes up to a reasonable number of times. There will be an extra fee for additional non-substantial changes.
b) Subpage(s)
Once the Concept Page is approved by the CLIENT, secondary pages will be designed by THUMB DESIGNER in the format of screenshot images holding the main idea of the Concept Page (Subpages). These images will be sent to the client for approval and will not be functional.
The CLIENT has the right to require changes of the Subpages up to a reasonable number of times. These changes should comply with the standard of the Concept Page. For changes of other nature and additional changes, there will be an extra fee.
c) Final Conception Page and completion:
When the CLIENT approves the Concept Page and Subpages, he will get access to the full page in html-format (Final Conception Page) for examining and final approval. Changes concerning details can be required up to a reasonable number of times. When the CLIENT approves the Final Conception Page, the design is considered completed.
6. Delivery to client:
After the project has been completed and all due payments have been done, the design will be uploaded either:
a) to this site; b) or to the CLIENT?s Hosting Service, if the CLIENTS opts to do so.
In case of a) the CLIENT will be given a link by THUMB DESIGNER in order to obtain the design. The CLIENT will have 1 (one) year to download the design. When the period expires, the design will be removed from THUMB DESIGNER servers. If the CLIENT doesn?t download the design within this one year, he will be charged an additional fee for the design to be uploaded again and a new link for retrieval will be issued.
In case of b) the CLIENT must authorize the Hosting Service to give THUMB DESIGNER ?full access? to the CLIENT?s web page directory, cgi-bin directory and any other directories, programs and files needed for the completion of the project.
CUSTOMER SATISFACTION POLICIES
Upon completion of the design, the CLIENT will be sent a screenshot image of the final design for viewing and approval. At this time no final payment will be required.
In the case of a full website design using scripts, rollovers, etc. the CLIENT will be given access to (1) page for viewing, examining and final approval. No other work will be completed until the CLIENT gives his approval. No final payment is required at this time.
THE CLIENT WILL NOT BE CHARGED FOR REVISION OR CORRECTIONS MADE NECESSARY BY ERRORS ON THE PART OF THUMB DESIGNER.
There is no standard rule in cases when the CLIENT requires changes to be made during the approval period, but such instances can be allowed within a reasonable number of times. All changes requested during the approval process should be concise and complete so that the design goes through a minimal number of changes.
THUMB DESIGNER will not apply numerous separate changes if the CLIENT requires them each time he is sent a design for approval. However, any changes of a legitimate nature or caused through the fault if THUMB DESIGNER will not be deemed as excessive use of the approval process.
THUMB DESIGNER wants to provide you with a quality and effective design that meets your requirements and approval. THUMB DESIGNER holds high standards of seeing your design all the way through the completion. All changes requested during the approval process should be concise and complete so that the design goes through a minimal number of changes.