Terms & Conditions
1. Introduction
1.1 These terms and conditions (”Terms”) govern the provision of services by Vernonian Creative LLC (”Vernonian,” “We,” “Us,” “Our”), a web and digital design agency, to our clients ("Client," "You," "Your").
1.2 By engaging our services, you agree to be bound by these Terms. Please read them carefully and contact us if you have any questions.
2. Services
Vernonian Creative provides a range of web and digital design services, including but not limited to:
- Digital wireframes
- UX design artifacts
- Website layouts and designs
- Visual style systems
- Website development, maintenance, and optimization
- Logo and brand design
Specific details and deliverables for each project will be outlined in a project proposal or Statement of Work (SOW).
Website design and development
Written content
Vernonian Creative is not responsible for the text copy that will appear in designs or published websites. We may give suggestions depending on project, client, and SEO goals.
Main pages
The client will specify the number of page types they need along with a description and the type of content that will appear on them at the time of the initial contract. Adding additional pages or dramatically changing the agreed upon number and type of main pages will incur an additional fee and push back timelines appropriately.
Subpages
Unless otherwise specified in the contract, the design of any website subpages will be based on the design of the home page and mockups may not be provided. Formatting requests for sub pages will be considered but will not be guaranteed. If the client requires a customized design or layout for subpages, this request should be made at the time of the initial contract and may incur additional fees as it increases project scope.
3. Contract options, payment, and fees
3.1 Contract options
The fees for our services will be agreed upon in advance and specified in the project proposal or SOW. We offer a range of payment and contract options to best fit the client’s needs and scope of work.
Our “market rate” and default hourly rate is $100/hr.
For simplicity, when referring to “X”, we mean the number agreed upon by both Vernonian and the client.
3.1.1 Project-based services
By engaging in this type of work, the client agrees to the following:
- Vernonian will give the client an estimate based on information provided by client.
- 50% upfront, 50% upon completion unless otherwise stipulated.
- One round of client feedback included. Additional rounds of feedback can be negotiated.
3.1.2 Prepaid hourly-based services
The client will pay for X hours upfront. Once Vernonian has completed X hours, the client will be notified.
By engaging in this type of work, the client agrees to the following:
- 100% of payment is due upfront.
- One hour minimum.
- Unlimited amount of client feedback up to the total agreed upon time.
- Once Vernonian has completed the hours agreed upon, the client will be notified with the option to purchase another X amount of hours.
3.1.3 Subscription-based & Retainer services
The client will pay for X hours per week and will be billed monthly.
By engaging in this type of work, the client agrees to the following:
- 100% upfront billed monthly for an agreed upon number of hours.
- Two month minimum commitment
- Unlimited amount of client feedback up to the total agreed upon time.
- Additional hourly-based services are available at a discounted rate (80% of market rate).
- Unused hours do not rollover into subsequent weeks or months.
- Client must give Vernonian at least 14 days notice to terminate this payment plan.
3.2.4 Ad-hoc hourly
The client will pay by the hour, billed after a project is completed. There is no quote or estimate with this option.
- One hour minimum. Any project that takes less than one hour will be charged for one hour.
- Client feedback is implemented on an hourly basis.
3.2 Payment methods
Client payment methods are specified in the project proposal or default to the preferred payment method.
Preferred methods
Vernonian Creative will send an invoice through Stripe with the option to pay with a credit card or through a bank transfer.
Other accepted methods
Clients using third-party HR or payroll software may add our email to their system. Such software includes:
- Gusto
- Bill.com
- Quickbooks
3.3 Payment terms
Payment terms are as follows:
- Project based payment: 50% upfront, 50% upon completion.
- Hourly-based services: 100% upfront, with a 1 hour minimum.
- Subscription-based plan: 100% upfront covering the agreed upon timeframe. Give Vernonian at least 14 days notice to terminate this payment plan.
- Invoices are due within 10 days of receipt.
3.4 Fees
Late fees
Late payment may result in project delays and may incur late fees.
- 1-7 days late +$50
- 7-14 days late +$100
- 14+ days late +$250
Additional revision feed
The client agrees to pay a negotiated amount (minimum 50% of total project invoice) to provide additional rounds of feedback in which case Vernonian will implement.
3.5 No communication policy
Vernonian has the right to terminate the contract and keep all deposits or payments if the client fails to respond to or communicate with Vernonian for 14 days. All work or hours outlined in the terminated counteract are nullified.
4. Intellectual property
4.1 Unless otherwise specified in writing, all intellectual property rights associated with project deliverables, including logos, wireframes, designs, and website code, will be transferred to the client upon receipt of full payment.
4.2 The client will own only the approved designs upon receipt of full payment. All other assets and digital artifacts are owned by Vernonian Creative.
4.3 We reserve the right to display the project in our portfolio and promotional materials (as Non-Disclosure Agreements permit).
5. Client responsibilities
5.1 You agree to provide timely and complete information and feedback required for project completion.
5.2 You are responsible for obtaining any necessary licenses or permissions for content and materials you provide.
5.3 You are responsible for any text and media content unless specified in agreement.
6. Revisions and changes
6.1 We will make reasonable efforts to accommodate revisions and changes. Any substantial changes to the project scope may result in additional fees and an adjusted project timeline.
7. Project timeline
7.1 We will provide an estimated project timeline in the project proposal or SOW. Timelines may be subject to change due to factors beyond our control.
8. Confidentiality
8.1 Both parties agree to keep all project-related information confidential until project is live.
9. Termination
9.1 Either party may terminate the project in writing if the other party breaches these Terms. In such cases, payment for work completed up to the termination date will be due.
10. Dispute resolution
10.1 Any disputes will be resolved through negotiation in good faith. If a resolution cannot be reached, the parties agree to submit the dispute to mediation or binding arbitration.
11. Limitation of liability
11.1 We will not be liable for any indirect, incidental, consequential, or special damages.
12. Entire agreement
12.1 These Terms constitute the entire agreement between the parties and supersede any prior agreements or understandings.
Contact
Please direct all questions about our terms to vernoniancreative@gmail.com.
