Exodus Design provides its services to you subject to the following Terms of Service. Exodus Design may, in its sole discretion, modify these terms from time to time without notification.
Payment on New Quoted Projects
Half of estimated initial design/programming costs are due at the time service begins. Remaining balance will be due at time of completion of services. The grant of any license or right of copyright or programming is conditioned on receipt of full payment.
Payments on Invoiced Work for Existing Clients
Payments on all invoices are due upon receipt. The grant of any license or right of copyright or programming is conditioned on receipt of full payment.
Payments on Packages
Payments on money saving design packages are due in full at the time of purchase. After acceptance and delivery of any completed final design file, additional changes will be charged at $50/hour. The grant of any license or right of copyright or programming is conditioned on receipt of full payment.
Domain Renewal & Web Hosting
Our web design packages include free hosting and your domain name for the first year. After 1 year, you will be invoiced for the renewal of your domain name and yearly hosting. If payment is not received by the due date, your domain will not be renewed and your hosting will be cancelled.
Default in Payment
The Client shall assume responsibility for all collection and legal fees necessitated by default in payment. Web programming & graphics not paid for within 7 days of invoice will be removed from Client website until payment is received.
The Client shall be responsible for making additional payments for changes in original assignment requested by the Client. However, no additional payment shall be made for changes required to conform to the original assignment description.
In the event of project cancellation, ownership of all copyrights and any original artwork shall be retained by Exodus Design, and a cancellation fee for work completed, based on the prorated portion of the next payment and expenses already incurred, shall be paid by the Client.
On-Line Development Charges/Project File Storage
Projects are available for viewing on-line in the Client Development Area of Exodus Design. This service, along with file storage and back up, is provided by Exodus Design while project is actively in development. If project should become inactive for client reasons, a $45.00 per month fee will be charged.
Exodus Design acknowledges and agrees that the source materials and technical and marketing plans or other sensitive business information, as specified by the Client, including all materials containing said information, that are supplied by the Client to Exodus Design or developed by Exodus Design in the course of developing the projects are to be considered confidential information. Information shall not be considered confidential it if is already publicly known through no act of Exodus Design.
The Client shall reimburse Exodus Design for all expenses arising from this assignment. The Client shall reimburse Exodus Design for any requested stock photography, specialty fonts, programming, and plugins purchased to complete this assignment.
Exodus Design shall be given credit on websites, book covers, and cd covers.
Exodus Design shall receive copyright notice in this form:
Created by Exodus Design Studios with a link to our website.
Clients may not remove our credit line while still using our design.
Ownership of Original Artwork
Exodus Design retains ownership of all original artwork (live files used to create artwork), in any media, including digital files, whether preliminary or final.
Any alteration of original art (color shift, mirroring, flopping, combination cut and paste, deletion) creating additional art is prohibited without the express permission of Exodus Design.
Unauthorized Use and Program Licenses
The Client will indemnify Exodus Design against all claims and expenses arising from uses for which the Client does not have the rights to or authority to use. The Client will be responsible for payment if any special licensing or royalty fees resulting from the use of graphic programs that require such payments.
Limitation of Liability
Client agrees that it shall not hold Exodus Design or it’s agents or employees liable for any incidental or consequential damages that arise from Exodus Design’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Exodus Design or a third party. Furthermore, Exodus Design disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.
Any disputes in the excess of the maximum for small claims court arising out of this agreement shall be submitted to final binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest in any award of judgment in favor of Exodus Design.