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Above is a pricing breakdown of the service/product we have performed for you. If you have any questions or concerns please do not hesitate to contact us.
Terms and Conditions
1. Definitions I, (hereby known as “I” or “The Client”) agree to hire SHKN Design Co. to create and provide the previously listed services bulleted above at the agreed total cost listed. I acknowledge that SHKN Design Co. will begin work on the date the initial payment is made and will work to completion the listed one-time projects bulleted below, and will provide all recurring services starting on the date of payment. This Contract can be ended within 30 days of initiation either Client or Designer, pursuant to the terms of Section 3.
2. Proposal I acknowledge that the proposal is only valid 30 days past its presentation, and that if it is not accepted by the client before this date, a new proposal will need to be drafted with possible changes in terms, price or conditions.
3. Deposit & Cancellation I agree to follow this signed agreement with the payment terms listed above on the starting month on delivery of this signed agreement to SHKN Design Co. From then, I acknowledge that I will be billed on the first of every month following for this agreement. I acknowledge that all recurring services must receive 30-days minimum notice for cancellation, and a prorated amount will be billed pending the completion of my cancellation notice.
4. Final Delivery I acknowledge that final delivery is defined as the provision of all deliverables based on the approval of all work whether communicated or assumed. (See Section 15. Revisions, Approvals & Delays)
5. Payment Process and Payment Schedule If for whatever reason, a payment does not process successfully, I am held responsible to make the payment within 5 business days of the failed payment. If I am unable to make this account current by paying all overdue payments within 5 business days, I agree to incur a penalty charge of 5% of the total project cost per month. All payments will be billed according to the payment schedule noted in the proposal and will be paid within 3 business days of the agreed to payment schedule. If adjustments are needing to be made to the payment process or schedule, this must be discussed before acceptance of the proposal or prior to receiving the 50% deposit for any addendums or adjustments to be made. All payment schedules must be adhered to according to what is noted in the proposal.
6. Fees & Expenses I acknowledge that I am held accountable to pay for all extra fees and subscriptions that may result from the design decisions and approvals made within the process of this project. These will always first be brought to my attention, but are solely the responsibility of my company. This includes the cost of all domains, hosting, plugins, photo licenses, song licenses, trademarks, copyrights, font licenses, and subscriptions.
7. Taxes Each party will bear their own responsibility to pay any and all taxes attributed to them. Neither party shall act as an employee of the other and will not be responsible for any taxes accrued other than those incurred in the course of their separate business.
8. Reproduction, Distribution, Licensing & Operation I acknowledge that I, the client, and any authorized user of the promised design or website layout, am prohibited from reproducing and/or distributing the code, plugins, layout or any other proprietary information used in the creation of the website layout for any use other than as the work created as described in this agreement.
9. Alterations to Work I acknowledge and agree that any further alterations, other than those previously agreed to including an increase in the overall time needed to complete this project, will incur further costs of $175.00 per hour for web design work to be added to my account in regard to this contract with SHKN Design Co.. These extra costs will be agreed to in the form of a Change Order and paid at the end of the project along with the remainder of my payment due on this contract.
10. Use of Design After Completion I allow SHKN Design Co. to display and include this project as part of the company’s public portfolio should the company choose to after completion.
11. Privacy & Confidentiality Each party agrees to keep the other’s information, both personal and business, private and confidential throughout the design process and thereafter.
12. Warranty In the event that the final and approved work is found to have an error at the fault of SHKN Design Co. (spelling mistake, blurred imagery, incorrect details), they agree to edit the mistakes at no additional charge up to 30 days after the final date of approval. Exceptions to this policy are available upon request.
13. Indemnification In the event that SHKN Design Co. is unable to perform requested duties or obligations that fall under the coverage of the warranty clause, I acknowledge that SHKN Design Co. will notify me immediately upon discovery of any such deficiency or insufficiency. SHKN Design Co. agrees to provide assistance and support for any injury, loss, or damage that may occur as a result. If my requests are made outside of the time-frame of the warranty, SHKN Design Co. will not be held liable. The parties agree to indemnify and hold harmless each to the other for any proven injury, loss or damage sustained as the direct result of any action of the offending party. Indemnification includes without limitation damages paid to third parties, attorney’s fees and court costs.
14. Time Extensions I acknowledge that if, in the process of this project, I decide to delay the regular schedule of the project (established by SHKN Design Co.) for a reason other than as pursuant to the section titled “Force Majeure” (extra time spent on decisions, approvals, delivery of information), that upon providing notice, SHKN Design Co. is free to adjust the timeline to compensate for the quality of work that is being delivered and the appropriate time needed to do so. I also acknowledge that during time delays made by me or my team, SHKN Design Co. may need to allocate time previously designated for my project to other projects and clients. I acknowledge that my communication through this process will help limit delays and unnecessary time re-allocation.
15. Revisions, Approvals & Delays I acknowledge that SHKN Design Co. will assume the approval of work provided to me and my company unless I provide notice within 5 business days of receiving each approval request. All corrections requested will then be made by SHKN Design Co. in order to meet my expectations. If revisions are requested after the 5 day period, I acknowledge that I may be held liable for extra hourly fees at the cost previously listed.
16. Client Responsibilities I acknowledge that my, or a member of my team’s, input is needed in the course of this project. My input may be useful and needed to achieve the creation of the perfect end goal and in order to achieve the best results for me and my company.
17. Exclusivity I acknowledge that SHKN Design Co. provides a wide variety of services to clients in a variety of fields, including the eld that my company is competing in. I acknowledge that my proprietary information will not be sold or shared, but that SHKN Design Co. is free and available to work with companies that could otherwise be considered a competitor.
18. Force Majeure In the event that an “act of God” should occur, such as are, flood or other disaster that prevents SHKN Design Co. from completing the work, SHKN Design Co. will be given an extension of 5 days, and I will be given 3 days minimum notice.
19. Legal Costs SHKN Design Co. will not be held responsible for any legal costs that should arise from any misconduct, disputes or third party involvement.
20. Severability If any part of this [agreement/plan] is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
21. Support The Designer will not provide support for any deliverable once the Client accepts it, unless otherwise agreed in writing.
22. Independent Contractor The Client is hiring SHKN Design Co. as an independent contractor. The following statements accurately reflect their relationship:
- SHKN Design Co. will use its own equipment, tools, and material to do the work.
- The Client will not control how the job is performed on a day-to-day basis. Rather, SHKN Design Co. is responsible for determining when, where, and how it will carry out the work.
- The Client will not provide SHKN Design Co. with any training.
- The Client and SHKN Design Co. do not have a partnership or employer-employee relationship.
- SHKN Design Co. cannot enter into contracts, make promises, or act on behalf of the Client.
- SHKN Design Co. is not entitled to the Client’s benefits (e.g., group insurance, retirement benefits, retirement plans, vacation days).
- SHKN Design Co. is responsible for its own taxes.
- The Client will not withhold social security and Medicare taxes or make payments for disability insurance, unemployment insurance, or workers compensation for SHKN Design Co. or any of its employees or subcontractors.
23. Governing Law The laws of the state of Oklahoma govern the rights and obligations of the Client and the Designer under this Contract, without regard to conflict of law principles of that state.
24. Signing & Agreement By clicking "Accept", I agree to the terms and conditions listed in this contract, thus initiating the commencement of this project and allowing SHKN Design Co. to process the down-payment listed in this contract.
