Terms & License Agreement

Terms of Service & License Agreement

By accessing the Staple Chasers website and/or purchasing any product, downloading any files, or using any of our services you have agreed to be bound by the following terms and conditions, privacy policies and licensing agreement.

Please read all information carefully as it will affect your legal rights and obligations.

Independent Contractor

Matt Mcvicker Staple Chasers is an independent contractor; and is not an employee, partner or affiliated with any company of you, the Client’s. Matt McVicker will provide graphic, blog and web design services under your direction; however, Matt McVicker retains the right to decide the manner and means that the services are accomplished.

Proposal

The email received after your initial inquiry will have a Proposal attached and will serve as what Matt McVicker notes as “your Proposal” throughout the entire process. The Proposal itself will be effective only for the period of time listed under the “validity date” found on the Proposal itself. If Matt McVicker receives an email from you after the validity date has expired, another proposal may be drafted and emailed to you for approval. Once signed, Matt McVicker’s Proposal Acceptance Agreement, will serve as a binding contract between you and Matt McVicker in conjunction with the Proposal itself, along side the Terms of Service Agreement. Pricing and terms of each Proposal are subject to change anytime after the validity date has expired.

Client Responsibilities & Completion

Matt McVicker prefers email or correspondence via Basecamp for all projects. Matt McVicker does not accept any type of questions or troubleshooting about current or past projects made via Social Media. Matt McVicker does accept testimonials via email and/or via our feedback form on the Staple Chasers website.

a) It is imperative that you, the Client, return all correspondence with detailed, constructive feedback within 5 business days to keep all projects moving forward smoothly. In the event, there is no response within 5 business days, Matt McVicker reserves the right to bill you for any additional fees incurred. Additionally, if there is no response within 15 business days, Matt McVicker reserves the right to terminate the Agreement and bill any unpaid balances, if any, at that point. Payments made towards the project(s) as described in the Proposal will be used as a kill fee in order to compensate Matt McVicker’s time and expenses in the event the Agreement has been terminated.

b) It is extremely important to Matt McVicker that you, the Client, are happy with your new site design. To that end, it is very important that you take the time to research and think about what you want your design to look like before we start and clearly communicate your ideas to Matt McVicker by thoroughly completing all project planning guides.

c) Matt McVicker’s project completion dates vary based on response times to her correspondence and the type of project being worked on. Matt McVicker prioritizes and plans out a design schedule for each day, week and month depending on the current amount of Client’s and/or work that needs to be completed. All project planning guides must be returned before any work will begin on a project. In general, the initial design process is the most lengthy potentially taking up to 10 business days for initial concepts to be delivered. Please allow up to 5 to 7 business days for revisions to be made and returned to you. For all rush/weekend/holiday services please inform Matt McVicker of the extent of the project as well as the rush completion date and expect to pay a premium for all rush services.

d) The Client is responsible to back up a copy of their original template and widgets or plugins.

e) The client is responsible for all content creation for both posts and pages.

f) You also agree that once final(s) have been released, distributed, reviewed and signed off, by you that Matt McVicker no longer holds any responsibility for any/all errors and will not be held responsible for any errors once a project has been sent to print, been published, distributed, displayed, etc. in any way. You, the Client, also acknowledge that you will incur any/all costs to remedy the error in any manner at no fault of Matt McVicker.

g) Once a project has begun and you have acknowledged either by digital signature, visiting the Staple Chasers website and/or on Matt McVicker’s forms that you have read, understand, agreed to Matt McVicker’s Terms of Service Agreement; you, the Client, will be held to all standards set in the Agreement, as well as any and all legal fees necessitated to resolve any dispute that may arise at no fault of Matt McVicker.

Copyright & Liability

The completed services are provided “as is” once the service has been paid in full and all assets have been delivered. In no event shall Matt McVicker and/or Staple Chasers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials and services provided by Matt McVicker and/or Staple Chasers, even if Matt McVicker and/or Staple Chasers, or an authorized representative has been notified orally or in writing of the occurrence or possibility of such damage.

Matt McVicker and/or Staple Chasers makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, but without limitation: implied warranties or conditions of merchantability.

Any graphics created for client by Staple Chasers are intended to be embedded within clients blog or website and may not be used for any other purpose without prior permission. All designs and coding by Staple Chasers are protected by copyright law.

Any part of code or graphics within the design created and installed for client by Staple Chasers is for the specific domain it was originally purchased for, and may not be sold or otherwise redistributed.

Making any changes to graphics designed by Staple Chasers is not allowed. Using the graphics and images made by Staple Chasers on any other site, social media platform, or marketing is not allowed. It is important that the integrity and intention of the original designs and or graphics made by Staple Chasers are respected by the client. Additionally, any graphics made by Staple Chasers for web use are not to be used for printing. High resolution files appropriate for printing must be purchased separately.

Staple Chasers is not liable for any photographs, illustrations, graphics or any other digital elements provided by client. In order to use said items in an Staple Chasers design, client must guarantee ownership or permission from the rightful owner.

Staple Chasers is not responsible for any perceived damages or loss of content due to the products or services purchased from Staple Chasers.

Should you fail to comply by these terms, you will hold harmless, protect and defend Staple Chasers (and by extension, Owner, Matt McVicker) from any resulting claim or suit.

Matt McVicker and/or Staple Chasers is a designer only and not and employee, business partner or anything other than a design contractor, because all designs and work is approved by you, the client, you/client agree to indemnify and hold harmless Matt McVicker and/or Staple Chasers from any liability or legal ramifications regarding your website.

Payment

Matt McVicker and/or Staple Chasers accepts payments via PayPal only. Payments may still be made via PayPal even if you do not have a PayPal account.

a) All payments must clear before work can begin.

b) A 50% deposit is required to hold your place in the design queue with full payment due before any work on the Client’s project can begin. Any additional costs not specified in the initial proposal will be billed prior to installation.

c) Matt McVicker and/or Staple Chasers will refund all payments in deposit minus a $50 cancellation fee if the Client cancel the project prior to the project start date.

d) Once work has begun, any amount paid will be used as a kill fee to cover the time and work that has been put into a project in the event the Client wishes to stop working with Matt McVicker and/or Staple Chasers, at no fault of Matt McVicker and/or Staple Chasers.

e) If full payment is not received within 5 business days of the initial invoice being sent, you will lose your place in the design queue and the project will need to be rescheduled based on the current design schedule. In addition, final files will only be sent after full payment has been received and has cleared. Matt McVicker and/or Staple Chasers reserves the right to hold all projects until payment has cleared.

f) In the event, Matt McVicker and/or Staple Chasers is working at an hourly rate, the rate will be billed in 30 minute increments with a 30 minute minimum and described as such on the invoice. All hourly work is tracked by an online time tracking tool; and must be paid in full before final files will be released in any capacity to you.

g) In the event a PayPal or other dispute is filed against Matt McVicker and/or Staple Chasers or payment is overdue, Matt McVicker and/or Staple Chasers

reserves the right to revoke all Client rights to the deliverables discussed in the Proposal and they will remain the property of Matt McVicker and/or Staple Chasers until the dispute is resolved. In addition, Matt McVicker and/or Staple Chasers reserves the right to hold all deliverables until full payment is received.

h) All payment information given to Matt McVicker and/or Staple Chasers in any form is kept confidential at all times.

Deposit of $500 is required for any quote over $1000. A quote under $500 is required to be paid in full to begin project, or be added to the design queue should there be a waiting list.

Refund Policy

Due to the nature of design work, Staple Chasers has adopted a strict no-refund policy. Please do not make any payments until you are sure you would like to employ Staple Chasers for the entire duration of your project. By ticking the box inferring your acknowledgment of our terms and conditions you are agreeing to Staple Chasers’s no-refund policy.

Communication

Staple Chasers uses typed communication only. No communication will be made with clients via phone or video messaging aside from 30 minute training upon completion of your project. Once the initial deposit has been received and the design process has begun, it is important that client is attentive to email communication. Failure to respond in a timely manner (no more than 2 or 3 business days) may result in clients design being put on hold. If this happens, other projects in the design queue will take precedence and clients project may not resume for up to 3 weeks from the date client does respond and is ready to move forward. If client fails to respond to Staple Chasers emails and does not attempt to make any other form of contact for more than 60 consecutive days, all monies are forfeited to Staple Chasers and clients project will be terminated without notice. Should this occur, and client sends a request in writing to resume project at any time in the future, it will be at the sole discretion of Staple Chasers and additional charges may apply.

Privacy

Client privacy is very important. Any private information passed between Staple Chasers and the client will be kept private. This information will not be shared with anyone for any reason, and will only be used for the purpose of completing clients project.

Design Revisions

All site designs include ONE concept based on the initial Customer Questionnaire. It is vitally important that client communicates a solid and concise vision for desired design in the Customer Questionnaire. Three complimentary rounds of edits/revisions to the initial concept are included with design. Once the amount of maximum revisions has been reached no further revisions can take place unless the client pays an additional fee for each additional revision(s). Additional drafts and/or revisions will be billed at an hourly rate of $50. Additional revisions may extend or delay the completion date or deadline at no fault of Matt McVicker. *Limited or no revisions apply to existing theme installations.

Testing and Compatibility

Produced design is tested to ensure it will display properly in the most current versions of Internet Explorer, Mozilla Firefox, and Google Chrome as of the date Staple Chasers design launches. There is no guarantee that the design will display properly in outdated or future versions of any web browser.

Design is only guaranteed to display properly in the most current versions of WordPress and Genesis as of the date the blog/web design officially launches, and is not guaranteed to be compatible with future or outdated versions of WordPress or Genesis.

Staple Chasers cannot guarantee the design will be mobile friendly on the iPad, mobile phone or any other viewing tablet unless it is specified and discussed during the initial inquiry and quote. Should client desire the new website design to be mobile-responsive and optimized for mobile viewing, it must be specified during initial inquiry so it can be included in client quote.

Mobile-responsive designs are tested on the most current versions of the Apple (iPhone & iPad) and Android operating systems, and are not guaranteed to display properly in outdated or future versions of any mobile device or operating system.
Mobile responsive design must be discussed before design work begins and may be subject to an additional fee.

Content and Backup

The installation phase of a web-related project includes design, coding and/or eCommerce installation only.

Unless client has made arrangements with Staple Chasers in advance and it has been specifically included within the quote, the project does not include the management of content.

Management includes the creation, addition, editing, rearrangement, removal, proof-reading, or migration of content. Content is anything that is intended to be managed by the end-user through the WordPress platform.

Staple Chasers is not liable for any loss or damage to clients blog or website content while installing the design, or any time before or after installation. It is clients responsibility to back up his/her website before and after the installation process.

Staple Chasers does not guarantee to have clients design files backed up for any length of time. If for any reason your web or blog design is lost or damaged, Staple Chasers can fix or reinstall it at and hourly rate of $150 if the files are available.

Staple Chasers is not responsible for any coding, widget, plugin errors once clients design is installed. Staple Chasers reserves the right to assess a fee for any corrections.

Staple Chasers is not liable for any loss of template, design or content in the event of a WordPress, theme or plugin update. It is impossible to design for future updates.

Designer Credit

Every blog and web design created and commissioned by Staple Chasers remains intellectual property of Staple Chasers, and the copyright is retained by Staple Chasers. As the client, you are assigned the right to use the design on your website upon project completion.

A credit linking back to Staple Chasers will be placed in your footer, and must remain intact as long as the design is present on your blog or website.

Staple Chasers reserves the right to use clients design in the Staple Chasers portfolio page and for other promotional purposes.

Hosting

Matt McVicker and/or Staple Chasers recommends our affiliate for all web hosting purposes; however, if you have secured another hosting company please contact us first to see if we can work with the host of your choice before accepting Matt McVicker’s Proposal Agreement.

Fonts

Matt McVicker and/or Staple Chasers will only use commercial use fonts, purchased fonts, or open source fonts such as Google Web Fonts in the images created. Clients will be offered both free and paid fonts to choose from for type purposes on their site. Webfont licenses will be purchased at the client’s expense and added to the final bill. Clients who request a specific font that requires a commercial license will be asked to purchase that font and webfont license at their expense.

Image Purchasing

There is a $5 allowance for image purchasing. Beyond that images will be purchased at the client’s expense and added to the final bill. Images that clients will be billed for will only be purchased with the clients consent.

Alteration

You, the Client, will be able to fully customize your sidebar widgets and pages once Matt McVicker is finished with installation. You are responsible for your sidebar content unless otherwise specified in the proposal. You may not alter or change the design in any way without written permission from Matt McVicker, as it is a reflection of my work. Please notify Matt McVicker if you are going to remove the design.

License Agreement

By purchasing and downloading our files you agree to the Staple Chasers License Agreement.

Downloaded files are licensed to the purchaser’s computer only.

Freebies are always only for Personal Use.

Format:

Personal & Extended Licenses = high quality 300 dpi PNG files

Commercial License = high quality 300 dpi PNG & EPS files

License Information:

Personal License = This is for all personal or non profit use. Credit to designer is not required, but appreciated. You can use our graphics on any personal project as long as NO profit/ money is made.

If you wish to use our graphics to create a commercial product or design to sell, please purchase either our extended or commercial licenses as specified below.

Extended License = This is for any use other than personal and credit must be given to the designer wherever product is displayed. If image is used online credit must be displayed with a clickable link as displayed here: Graphics by Staple Chasers.com

Commercial License = This is for any use other than personal and credit is not required.

If you have any doubts about the use of our products, please contact us for more information.

You may NOT claim Staple Chasers products as your own in any way.

You may NOT distribute Staple Chasers products in their original form.

You may NOT resell, gift or redistribute Staple Chasers products.

In the event that we find, are informed of, or made aware of use that violates these Terms of Use any active your license will immediately terminate and you will be contacted by Staple Chasers or our legal representative to inform that we are aware of such use and intend to exercise our legal rights accordingly.

Due to the digital nature of our downloadable products there are NO returns or refunds whatsoever.

All files are provided “as is”.

Premade designs are not exclusive to any one purchaser and will continue to be resold.

 

Staple Chasers reserves the right to refuse service to any customer and to edit these terms at any time.