TERMS OF SERVICE

Please read the following terms of service carefully, as they contain information about payment, pricing, refund, and other matters related to the purchase of services from Designs by Samantha Willison, through my website (the "website").

 

In these terms, "I" refers to Designs by Samantha Willison (and "me", "myself", and "mine" will be construed accordingly); and "you" means my customer or potential customer for services (and "your" will be construed accordingly).  By purchasing services from me, you are deemed to agree to these service terms without qualification.  No contract will come into force between me and you unless and until I accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase from me, you will need to take the following steps.

For Business Cards:

- Select the type of card you wish to purchase, as well as the amount of cards.

- Pay the full amount due via PayPal.

- Within 24 hours of receiving payment, I will contact you for more information and next steps regarding the creative process.

 

For Websites:

- You must contact me through one of my contact forms on the website outlining the kind of services you would like to purchase.
- I will then send you an initial acknowledgment email.
- Once I have checked whether I am able to meet your needs, I will send a follow-up email outlining the next steps in moving forward with the creation of your design (business card, website, book cover respectively), asking for addition information if needed.
- Once my confirmation is given via email, this becomes a binding contract.

 

If you do not agree to be bound by these service terms, you must not purchase services through my website.  I reserve the right to change these service terms at any point, without notice.  I will not file a copy of these terms of service specifically in relation to your order, and I do not guarantee that the version you have agreed to will remain accessible.  I therefore recommend that you print and retain a copy of these terms of sale for your personal record.  By continuing to purchase services from me, you agree to be bound by the amended service terms.

 

The only language in which I provide terms of service is English.

 

TERMS
You must be over 18 years old, and have a valid PayPal account to order any services from this website.

 

For websites, once the terms of your design(s) are specified via email (or in person, and then sent in email for confirmation), and a price is agreed upon, I will send you a link to which you can send my payment securely through PayPal.  I will require a fifty percent (50%) deposit of funds to begin work on your design, which will be sent via PayPal.  After completion of your design has been deemed as complete to the specifications in our confirmation email, you will process the
other fifty percent (50%) of my payment through PayPal within one (1) week of completion.

 

After completion of your design (websites, business cards and/or book covers), once final payment has been received, I will hand over all materials and information for your design via email (or other means decided and agreed upon via email).  At such time, I absolve myself from all responsibility for your design, content, maintenance and/or upkeep.

 

PRICES
Prices for services are quoted on my website.  The website contains a number of services and it is always possible that some of the prices on the website may be incorrect.  I will verify prices as part of my sale procedures so that a service's correct price will be stated when you pay for the service.

 

My current prices are set out on the website, but are subject to change and I may alter the prices at any time without notifying you of the amended prices.  The price for services is that stated on the website at the time when I accept any request, unless otherwise expressly agreed in writing by myself.

 

PAYMENT
When you purchase services from me, you will be issued an invoice via email.

 

You will be required to pay such invoice through PayPal in order to initiate work on your design.  Where needed I will not commence work until a fifty percent (50%) deposit is made.  You will not withhold payment or make any deductions from any amount you owe me under any circumstances whatsoever.

 

I may withhold the services and/or cancel the contract between us if the price is not received from you in full in cleared funds.  Payment for all services must be made by following the instructions via email and website.  Prices for services are liable to change at any time, but changes will not affect contracts which have come into force.

 

REFUNDS
A refund of fifty percent (50%) will only be issued if ALL of the following conditions are met:

(a) Your design has not been completed to your satisfaction; and

(b) I am no longer able to continue working on your design to complete it to your expectations; and

(c) I am unable to complete the design to the goals outlined in our confirmation email (at the time payment is agreed upon); and

(d) I agree via email (or in person, and followed up with an email) that a refund of fifty percent (50%) is to be granted

 

YOUR WARRANTIES
You warrant to me that:

(a) You are legally capable of entering into binding contracts, and you have full authority, power and capability of agree to these terms of service; and

(b) The information provided in your order is accurate and complete.

 

YOUR INDEMNITY
You hereby indemnify me and undertake to keep me indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of service.

 

CONTRACT CANCELLATION
I may cancel a contract to supply services made under these terms of service immediately by written notice to you if:

(a) You fail to pay, on time and in full, any amount due to me under any contract, or commit any material breach of your obligations to me under any contract; or

(b) The ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums.

 

CONSEQUENCES OF CANCELLATION
Upon the cancellation of a contract in accordance with the aforementioned Section:

(a) I will cease to have any obligation to deliver services or products which are undelivered at the date of cancellation;

(b) You will continue to have an obligation where applicable to pay for services which have been delivered at the date of cancellation (without prejudice to any right I may have to recover the products); and

(c) All the other provisions of these terms of sale will cease to have effect, except that those Sections that will survive termination and have effect indefinitely.

 

GENERAL TERMS
Contracts under these terms of service may only be varied by an instrument in writing signed by both you and I.  I may revise these terms of service from time to time, but such revisions will not affect the terms of any contracts which I have entered into with you.

 

If any provision of these terms of service is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

 

No waiver of any provision of these terms of service, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of services.

 

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of service. Any attempt by you to do so will be null and void. I may assign, charge, sub-contract or otherwise transfer any of my rights or obligations arising under these terms of service, at any time.

 

Each contract under these terms of service is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree an amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

 

These terms of service contain the entire agreement and understanding of the parties in relation to the purchase of services from my website, and supersede all previous agreements and understandings between the parties in relation to the purchase of services from my website; and each party acknowledges that no representations not expressly contained in these terms of service have been made by or on behalf of the other party in relation to the purchase of services from my website.

 

If you have any questions about anything in my Terms of Service, give me a shout:  
sam@bonyfiddle.com.