Terms and Conditions

Please read these terms and conditions carefully before using Our Service.

TABLE 7 CREATIVE LLC (hereinafter “TABLE 7”) is a small, independently owned design company in West Tennessee. TABLE 7 will only commence work once an Order has been placed by either phone, email or in writing.

Any “Order” received by phone will be followed by a Contract and Terms and Conditions Acknowledgement before TABLE 7 will begin work.

Invoices will be generated and issued electronically and sent by email to Client.

TABLE 7 accepts no legal liability for loss or damage caused by any work carried out by TABLE 7 CREATIVE LLC.

All quotes and estimates are valid for a period of 30 days from the date of the quote.

These Terms and Conditions supersede all previous agreements or understandings. Acceptance and or payment of a quote, estimate or invoice constitutes agreement and full acceptance of these Terms and Conditions. The most up-to-date version of these Terms and Conditions will always be available on our website.

At TABLE 7 CREATIVE LLC we reserve the right to terminate a project at any time if the client makes completion and workflow of a project unreasonably difficult by failing to cooperate, failing to respond to communications, or for other good cause. Client acknowledges that all fees earned to the date of termination are nonrefundable.

OWNERSHIP AND RIGHTS

All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of Table 7 Creative. The final artwork/digital files will become the property of the client mentioned in this proposal ONLY upon final payment of the project.

Table 7 Creative retains the nonexclusive, perpetual and worldwide right to display, reproduce and distribute the designs in Table 7 Creative’s portfolio and website, and third-party trade publications, awards or exhibits, solely for the purpose of promoting or exemplifying Table 7 Creative’s work, and the right to be credited with copyright ownership and authorship of the designs in connection with such use.

Table 7 Creative reserves the right to show any artwork, ideas, sketches created for this project in a portfolio as examples of client work. This can be during the project and also on completion. If you have any specific secrecy requirements, please mention this before agreeing to the proposal... I am also happy to wait for your “go ahead” on sharing if the project launch date is further down the line.

Final payment ensures that ONLY the agreed design becomes the clients property. Any previous ideas/ concepts remain the property of Table 7 Creative, unless any prior agreement has been made.

Table 7 Creative take no responsibility for the TM process, once the final payment is made it is up to the client to register for a TM if they choose to do so as they now fully own the design. If there are any TM infringements in the future, Table 7 Creative take no responsibility for any costs that may ensue.

CANCELLATION DURING PROJECT

If you choose to cancel the project midway through the project, where ideas and proposals have been submitted, refund of previous payment is not possible.

If I fall ill or am unable to complete the project due to unforeseen circumstances a portion of the overall budget will be returned. In most cases the complete amount will be refunded. If the work so far completed can be used for another designer to pick up, then a percentage will be refunded based on work completed or any other reasonable suggestion will be considered.

PROJECT SUSPENSION

I reserve the right to suspend any project if a client: interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique logo ideas/concepts and/or shows reluctance in paying the final payment.

Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension or termination will not result in any refunds.

NO COMMUNICATION POLICY

We have a policy that after 30 days of no communication from you we will terminate the project and it will be considered cancelled.

However, we are human and we are always open to listening and understanding to your position and will do our best to help whenever we can. We just need to communicate.

WEBSITES

Design work will be provided to the client for approval and ‘sign-off’. As will details of required pages and functionality. The creation of the website code and functionality will only begin after client sign-off for these elements.

Any material changes to the design or website structure and functionality will be brought to the attention of the Client and subject to additional charges and a signed Supplement Agreement outlining the change and additional charge. Work will not continue until the Client has signed the Supplement Agreement.

TABLE 7 is not responsible for writing client copy or providing images. If required, TABLE 7 will provide web copy and source suitable images at an additional cost.

TABLE 7 reserves the right to refuse to any work that includes material which may be deemed obscene or pornographic, contain abusive or offensive language, or anything that may be construed as threatening or defamatory or any material to which the Client has no right to use.

Client acknowledges that any elements of text, graphics, photos, designs, trademarks, or other artwork provided for inclusion on the website are either owned by Client or that Client has permission for use of the above-referenced items. TABLE 7 reserves the right to refuse any material that it believes to contravene copyright laws unless proof is given that permission has been granted to use the material. TABLE 7 accepts no responsibility for copyright infringements caused by materials used and submitted to us by the Client.

Client hereby agrees to indemnify and hold harmless TABLE 7, its shareholders, directors, officers, partners, employees, agents, subsidiaries, and divisions (and each of its heirs, successors, and assigns) from any and all claims, demands, liabilities, suits, causes of actions, judgements, costs, and expenses, including attorney’s fees, arising, or allegedly arising from the unauthorized use of any elements of text, graphics, photos, designs, trademarks, or other artwork provided for inclusion on the website that are either not owned by Client or that Client does not have permission to use, including any found in the finished product, or otherwise.

This indemnification is in addition and cumulative to any other right of indemnification or contribution which the indemnitee may have in law, at equity, or otherwise, and shall survive completion of the work of TABLE 7.

TABLE 7 CREATIVE LLC makes every effort to ensure that the Website and scripts or programs are error-free. TABLE 7 does not accept liability for any losses incurred due to failure or malfunction of the Website or any part of it.

Code written by TABLE 7 remains the copyright of TABLE 7 CREATIVE LLC and may only be reproduced or reused commercially with the express permission of TABLE 7.

It is the responsibility of Client to provide all agreed materials in the proper format. Any significant delays caused due to the failure of Client to provide properly formatted materials is subject to the hourly rate of our designers. It is not the responsibility of TABLE 7 to create copy images or other materials for the client unless explicitly agreed. Client will be charged any cost incurred if TABLE 7 must source images, designs, logos, or icon materials for the creation of Client’s website.

TABLE 7 makes every effort to ensure all agreed deadlines are met and if a delay occurs TABLE 7 will notify Client. TABLE 7 does not accept liability for costs incurred due to failure to meet agreed deadlines.

TABLE 7 will not be a party to any disputes arising between website owners and third parties. TABLE 7 does not accept liability for any unlawful behavior or wrongdoing by the website owner.

TABLE 7 cannot guarantee that the website will always be in fully operational condition or without errors. TABLE 7 does not accept liability for any defects which may exist, economic losses (including revenues and profits), loss of goodwill, reputation or any other consequential or indirect losses Client may suffer due to the use of the website or inability to access the website.

TABLE 7 is not responsible for any issues related to software “bugs,” upgrades, plug-ins, modules, or any other additional software packages. TABLE 7 cannot and does not guarantee that it can repair these issues if they arise. If TABLE 7 is required to troubleshoot these issues Client will be billed the contracted hourly rate.

TABLE 7 is not responsible for any lost emails or data. It is Client’s responsibility to maintain local copies that are important or sensitive. Any email or data loss is Client’s responsibility.

TABLE 7 retains the copyright of all individual artwork, graphic design and website design created for a client project. Artwork, graphic design and website design created for a client project shall not be altered, retouched, damaged or reproduced in any other form by Client without the written permission of TABLE 7. Client may purchase his/her copyrighted material from TABLE 7 in a separate transaction. Artwork, graphic designs, and/or website designs that Client supplied or designed personally are not subject to the TABLE 7 copyright.

All websites designed by TABLE 7 will show a link to the TABLE 7 CREATIVE LLC website at the bottom of each webpage, unless otherwise agreed. Removal of the link is only allowed with the express written permission of TABLE 7. We reserve the right to include details of our work for clients on the TABLE 7 website, this can include screen shots of the clients’ website and links to the Client website.

If any discussed and/or created wireframes or images are subsequently used by the client, or a third party, without the express permission of TABLE 7 CREATIVE LLC and without payment, we reserve the right to initiate legal action for damages and copyright infringement.

The Client also agrees that TABLE 7 CREATIVE LLC has no responsibility for any changes made by any third party, before or after a design is published. Agreement for the website to ‘go-live’ will constitute acceptance of all work and any outstanding balance owed is due immediately before the website goes live.

The client must provide feedback on work and provide details of issues, omissions or bugs within ten (10) working days of feedback requests or they will be deemed to have accepted the work and any monies due will be required immediately. After initial feedback any subsequent comments must relate to changes made in response to the initial feedback and must be made within five working days of notification of changes made.

BROWSER COMPATIBILITY

While every measure will be made to ensure compatibility with a wide range of web browsing software, we can offer no guarantees of correct function with all browser software and cannot accept responsibility for loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to a third parties’ inability to access the Website due to browser incompatibility. We do not support Internet Explorer 6 and if the client expressly requires compatibility with this browser, it must be stipulated before acceptance of any quote and any extra cost incurred in supporting this browser must be agreed before the project begins. We will test for and guarantee compatibility of any website we create with the most recent version of Internet Explorer, Mozilla Firefox, Safari, Chrome, and Opera.

Compatibility with mobile devices and iPad/tablet devices is not guaranteed, unless explicitly requested and included in the quote. If it is required, it must be stipulated before acceptance of any quote and any extra cost incurred in supporting specified mobile devices must be agreed before the project begins.

WEBSITE HOSTING

When providing hosting and maintenance services, TABLE 7 is not responsible for difficulties experienced when accessing the Website or individual parts of the Website due to circumstances beyond our control.

These circumstances include, but are not limited to:

1. problems with the clients’ internet service provider or other third party;

2. failure (partial or whole) of server hardware or software;

3. hacker attacks;

4. disruption or failure of any service that prevents TABLE 7 CREATIVE LLC functioning in a normal manner;

5. natural disaster;

6. weather;

7. war;

8. invasion;

9. riot; and

10. other civil disorder, rebellion or revolution.

Where the client decides to host the website with a third party it is fully and completely their responsibility to maintain the website.

Website hosting, maintenance and backup services offered by TABLE 7 are for the express purpose of sustaining the continuation of and maintenance of existing website pages and minor text and image changes to these pages. This service does not include the creation of new website pages or the addition of new regions, whether text or image, to the existing pages.

Hosting can be cancelled at the end of the contract period, but refunds are not available during the hosting period. Hosting charges are applicable from the day the website hosting area is created, at the clients’ request, and website development begins. Where a client, or a third-party employed by a client, makes changes to a client website, hosted by TABLE 7, resulting in issues with the website or any other associated services, TABLE 7 is not responsible in any way for loss of business or troubleshooting any issues. If TABLE 7 is asked to assist in troubleshooting issues, the time will be charged at an hourly rate.

Where the client requests a website to be installed on a third-party server it is the sole responsibility of the client to ensure the hosting is sufficient for the requirements of the website. TABLE 7 CREATIVE LLC must be granted FTP access with read/write ability. Where it is necessary for TABLE 7 to create email accounts or setup databases then full administrative access must be provided (usually CPanel). TABLE 7 reserves the right to charge our hourly rate for the transfer of a client website to third-party hosting, unless this service is explicitly included in an estimate or invoice.

Although hosting packages may be charged on an annual basis, if the bandwidth allowance for the selected package is exceeded, then additional hosting costs will be required. In this instance the client will have the option to upgrade the hosting package or reduce the timescale covered by the hosting package to cover the additional costs.

It is the responsibility of the client to inform TABLE 7 if a hosting or maintenance contract/package is no longer required. Any used, but unbilled hosting time, will be due for the period between the end of the last billed period and terminal date for the hosting services. Notice of termination must be received in writing to effectuate the request.

DOMAIN TRANSFERS

TABLE 7 is not responsible for the loss of email data or website functionality during transfer of domain name or changes to the nameservers or any other domain-related record and as such cannot accept liability for any economic losses, including revenues and profits, loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to the loss of website functionality, loss of email data or their inability to access the email data.

In the event, that a client requires the ownership of their domain name to be changed to a third party, a change fee will be required to cover the administration and must be paid before the transfer is initiated.

SEARCH ENGINE OPTIMIZATION AND WEB PRESENCE CAMPAIGNS

Where TABLE 7 agrees to conduct a ‘Search Engine Optimization’ or ‘Web Presence’ campaign for clients, the minimum period for the campaign will be defined in the recurring invoice sent to the client. The total cost will be stated in each invoice, although each invoice will be for the monthly installment payment. Once the monthly invoice is paid, work will begin for that month. No work will be initiated until the invoice is paid. If the client cancels the ongoing ‘Search Engine Optimization’ or ‘Web Presence’ campaign prior to the end of the minimum period, the outstanding balance for the total campaign will become immediately due and payable. TABLE 7 will invoice for the total balance due. Where a client persistently fails to pay monthly invoices in full and on time, TABLE 7 reserves the right to invoice for the full cost of the campaign immediately and refuse to conduct future work until the invoice is paid in full.

PAYMENT TERMS

TABLE 7 reserves the right to require a first payment or ‘deposit’ of 30% to 50% of the agreed total costs before any work will be carried out. Once designed, a draft version of the Website(s) will be made live for testing and commenting by the Client. Once this basic design has been agreed to be suitable via email or in writing, any changes to the layout or general design may be incur additional charges.

For work of value less than $500.00, TABLE 7 reserves the right to require full payment, and receive full payment of said invoice, before any work commences.

When work on the Website(s) has been completed the final balance of payment is then due in accordance with our terms of payment, stated on the initial estimate and/or each invoice. Upon completion, if the Client decides they no longer want the Website, or wish to make changes to the website, they are still obligated to pay for all work that has been done. i.e., if the site has been completed, the total balance is required.

All accounts are payable net 14 days. Therefore, payment must be received within 14 days of completion of work and date of issue of the final invoice. Accounts still outstanding 30 days after invoice will be considered ‘in default’ and any client information or services may be suspended. In the event that we are required to file an action or proceeding to collect any payment, including monthly service charges, the Client will be required to pay for all costs of collection, including without limitation all filing fees, third-party expenses and Attorney’s Fees incurred for our efforts in collecting such amounts.

Once the deposit has been paid and work begins, the client is obligated to pay the balance of payment in full, even if the client decides to cancel the project for whatever reason. We will contact clients via email and telephone to remind them of such payments if they are not received when due. If a payment becomes more than 30 days overdue, TABLE 7 reserves the right to request payment in full for the project at that point. Further work will be suspended until such payment has been received. If a client persistently fails to provide access to their hosting or domain, such that TABLE 7 cannot complete scheduled and agreed work, the client will be deemed to have defaulted on their agreement with TABLE 7 and all monies owing will be immediately due.

All website code and graphics will remain the property of TABLE 7 until all accounts are paid in full. If the client does not respond to email or phone messages requesting agreement to content or “sign-off,” for a period of two weeks or more, TABLE 7 reserves the right to issue a “FINAL NOTICE” to the client requiring a response within three days from the date of the “FINAL NOTICE.” If no response is received, the project will be suspended, and the client will be invoiced in full for work completed to that point.

If the client fails to respond to communication for a period of 28 days or more, TABLE 7 reserves the right to archive the project and immediately invoice for all completed work and materials. At which time, the project will be suspended until the scope of work and costs for completion of the project is received and any deposit required is paid.

When the client has ‘signed-off’ on all the work completed, all work provided by TABLE 7 will be deemed accepted. Any outstanding balance will become immediately due and payable before the website goes ‘live’ on the internet. TABLE 7 will immediately invoice for any outstanding balance once approval is received and will make the website ‘live’ once the balance is paid in full.

CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:

• By email: [email protected]

• By visiting this page on our website: https://table7creative.com/contact