Another Delicious Design Fatality - This is BEYOND HEINOUS - it's downright DISHONEST the way Jess is taking people's money with either NO commitment for when they will get anything from her - or she IS saying she will provide something by a date that comes and goes with NO explanation or apology - or re-commitment to complete the work. PATHETIC - JESS, YOU SHOULD BE ASHAMED OF YOURSELF AND THE WAY YOU ARE TREATING ALL OF THE TRUSTING WOMEN WHO HAVE GIVEN THEIR HARD-EARNED MONEY TO to get NOTHING in exchange from YOU.
Case In Point #2
Marci H.'s Feedback
Danville, IN - May 11, 2009
Holy crap! I am another Delicious Designs victim!!!! :) How many emails did it take to get your money back? I'm going on 1,000+...or so it feels like. Ridiculous, unprofessional...I could go on. Jess, keeps telling me how unfair I am being...I've lost thousands of dollars worth of orders. I am confused. How is it unfair to ask for my money back when I paid for a 2 week rush project on March 6th and it is now May 11th?? I finally told her that she is being served court papers tomorrow morning if I don't received the amount in full by tonight. DRAMA!!!!!!
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ReplyDeleteI think this is the best blog idea ever! Good luck to those of you seeking refunds. I hate that this has happened to so many people.
ReplyDelete(sorry I had to repost under another user name)
Delicious Design is
ReplyDeletea reputable company. With any company, comes a few angry and upset customers.
However, you need to understand that all of the clients had agreed 100% to the
Terms & Conditions that Delicious Design displayed. This includes waiting for
their waiting list that is 9months+ and understanding that the deposit is NON
REFUNDABLE. The deposit is a retainer for the waiting list.
Below are the Terms & Conditions that these clients agreed to. It's unfortunate
that they are upset about their situation as DDS has done everything to try to
resolve the conflict and had still up until this point, tried to make amends
with the situation.
1) Authorization
You, the client is engaging Delicious Design Studio, as an independent contractor for the specific design project of developing and/or improving a blog or website, hereinafter referred to as “design project” or “project” to be installed on the client’s account. The client hereby authorizes Delicious Design Studio to access this account, and authorizes the Hosting Service to provide Delicious Design Studio with “full access” to the client’s account, and any other programs needed for this design project that are included as part of the client’s service agreement. By paying your invoice, you agree to be contractually bound to these terms & conditions. You agree that you understand everything that is stated in these terms & conditions and will agree to them.
You are considered a client once you’ve accepted the quote and have made the first deposit/payment.
2) Project Schedule & Waiting List
Once the client has paid their first initial payment (which is considered the deposit), Delicious Design Studio will add the client to the project schedule/waiting list. The waiting list can be viewed on the delicious design studio website under Schedule. The waiting list is divided by seasons, Fall, Winter, Spring, Summer. This is the most effective way for us to complete projects considering the work load. By paying your invoice, you agree that you are going to be placed on the waiting list and we work on a first come, first serve basis. You understand that some projects may take longer than others and therefore, we can’t provided a specific timeline for project completion without advance notice. Once your project is ready to begin (we will send you an e-mail or we will change your name to orange on the schedule or we have the right to begin the design without following up first), the process will then take up to 6-12 weeks (minimum) to complete, however, this could take longer, depending on the designer’s schedule. Projects may take longer than expected, which is why we can not stress enough, please do not sign up with us if you are not 100% sure you are willing to wait. Delicious Design Studio has the right to extend the project date if need be, depending on the requests of the client, the depth of the project or previous projects. The extension does not warrant a refund whatsoever. Your deposit is not a payment for work received, completed. Your deposit is a retainer of your spot on the waiting list. We have the right to extend a project for any reason, especially if previous projects take longer than expected. The waiting list can be altered at any time. We have the right to extend a project, to place a project on hold or reschedule a project as we see fit.
3) Development
Delicious Design Studio will guarantee that the design project we complete for each client will work in the latest browser versions of Internet Explorer and Mozilla Firefox. Delicious Design Studio strives to create content that is functional and viewable to the great majority, which means we design to meet the needs of the web site consumer. Currently more than 75% of internet users view internet content using Internet Explorer and Mozilla Firefox. Additional platform testing and modification of website design to work in other platforms will require an extra fee. For the same reasons, Delicious Design Studio will design for the screen resolution 1024×768, as this is the current standard among internet content. Delicious Design Studio automatically takes all recognized steps to make your site accessible to those with disabilities.
Once the snapshot and test site is made available to the client for review.. we would be happy to work with you until you are satisfied with the look of your design but realistically, we need to have the mockups down to 3 or less before it goes final. Once the final 3rd mockup has been constructed, there will be additional charges afterward if you wanted to continue the modifying process. To keep it simple, let’s try to compile a list of all final customizations after the 2nd mockup into an e-mail. After these customizations have been sent to Delicious Design Studio and are completed, Delicious Design Studio will then have the right to charge the current hourly rate, on any edits thereafter. Delicious Design Studio has the right to deny any customizations that the client suggests if it will alter the look of the design after it’s been completed.
4) Refunds
We do not offer refunds on deposits or payments, under any circumstances. Your deposit is not a payment for work received, completed. Your deposit is a retainer of your spot on the waiting list. You are paying for our expertise, our time, our work and to reserve a spot with us. We cannot be responsibly for a change of heart, a change of mind. That is really unfortunate, but we will not be able to honor that. These payments are non-refundable. We have a long list of others who are waiting for a design and by placing your spot on the schedule, we need to secure it. Your deposit also covers any costs that may occur before the actual design process begins, such as hosting fees, graphic fees, preparation fees, etc.
If you choose to place the project on hold for any length of time for any reason, a continuation fee will be required, once the project resumes. Please understand that we work from a long waiting list so please don’t commit to a project if you’re not 100% certain you are willing to wait. When you sign up with us for a project, you agree to understand that we have a very lengthy turnaround.
5) Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Delicious Design Studio for inclusion in the design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Delicious Design Studio from any claim or suit arising from the use of such elements.
6) Linkbacks
The client agrees to have a small linkback to Delicious Design Studio placed on each of their web site pages. The client agrees not to remove this linkback unless images, text, content, design elements and code provided by Delicious Design Studio is removed.
7) Web Site Maintenance
Delicious Design Studio offers site maintenance at the current hourly rate. In addition, packages may be made available to keep a designer on retainer for specific maintenance. All maintenance payments must be received prior to any work completed.
8) Completion
Delicious Design Studio agrees to work with the customer to complete all design projects in a timely manner that is listed under Project Schedule. Delicious Design Studio will provide each client with a project completion date depending on the size, content and functionality requirements of the design project as well as availability of the designer. It is the client’s responsibility to provide content as requested in order to meet any completion time line. If the client does not provide the needed content prior to the agreed completion date, payment in full is still due the designer. Delicious Design Studio can not be held to a time line or be held responsible for damages to a business in regards to design project completion if Delicious Design Studio was not provided content. Should the client be unable to provide content in a timely manner Delicious Design Studio may, at our discretion, choose to reschedule the design project according to the designers availability. Delicious Design Studio reserves the right to terminate a relationship in which content was not provided in a timely manner. Should the client choose to reschedule the design project, there will be a 15% fee for each month the design project is in construction after the original project completion date. Once content has been made available to Delicious Design Studio and pages have been constructed with said content, content changes will be made at our current hourly rate. Once the design is installed and live, Delicious Design Studio is not responsible for any changes made to the design by the client, that will affect the overall look of the website. The website and or blog may be reinstalled for a fee. Custom designs that are not paid for and have not been claimed within two weeks of completion will be edited and sold as a premade design.
9) Project Delivery & Payments
Delicious Design Studio will be paid in full before delivery of the final product. Once full payment is received Delicious Design Studio will publish the design project on the client’s hosting service or blog. If a payment is not received in a timely manner, Delicious Design Studio has the right to place the project on hold or edit the design and sell as a premade.
10) Other Legal Things
Delicious Design Studio will do the best to our ability to provide a design that meets the needs of our client as expressed to us by the client, and to guarantee our work error free. Some errors are nearly inevitable, and Delicious Design Studio agrees to correct any content/linking errors recognized in the design project for a term of seven days past completion. This includes typos, bad links, or viewing issues in current versions of Internet Explorer or Mozilla Firefox. This does not include replacing more than a paragraph of text, replacing images without typos or changing design or visual elements. Upon completion it is the client’s responsibility to identify any errors for Delicious Design Studio to correct. In no event will Delicious Design Studio be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website. We will in no way be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Delicious Design Studio retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.
You will not hold Delicious Design Studio liable for any reason due to a project not being delivered on time or a deposit/payment not being returned. (See sections 2 & 4)
You understand that there are NO refunds and the waiting list is a first come first serve basis.
This agreement becomes effective when the client provides the designer with the first payment/deposit. The publication of the design project and submission to search engines if requested will only be made after the final payment is submitted. All payments will be made through Paypal.
11) Events Beyond the Control of Delicious Design Studio
Delicious Design Studio will not be liable for breach of this agreement where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Delicious Design Studio.
Delicious Design is
ReplyDeletea reputable company. With any company, comes a few angry and upset customers.
However, you need to understand that all of the clients had agreed 100% to the
Terms & Conditions that Delicious Design displayed. This includes waiting for
their waiting list that is 9months+ and understanding that the deposit is NON
REFUNDABLE. The deposit is a retainer for the waiting list.
Below are the Terms & Conditions that these clients agreed to. It's unfortunate
that they are upset about their situation as DDS has done everything to try to
resolve the conflict and had still up until this point, tried to make amends
with the situation.
1) Authorization
You, the client is engaging Delicious Design Studio, as an independent contractor for the specific design project of developing and/or improving a blog or website, hereinafter referred to as “design project” or “project” to be installed on the client’s account. The client hereby authorizes Delicious Design Studio to access this account, and authorizes the Hosting Service to provide Delicious Design Studio with “full access” to the client’s account, and any other programs needed for this design project that are included as part of the client’s service agreement. By paying your invoice, you agree to be contractually bound to these terms & conditions. You agree that you understand everything that is stated in these terms & conditions and will agree to them.
You are considered a client once you’ve accepted the quote and have made the first deposit/payment.
2) Project Schedule & Waiting List
Once the client has paid their first initial payment (which is considered the deposit), Delicious Design Studio will add the client to the project schedule/waiting list. The waiting list can be viewed on the delicious design studio website under Schedule. The waiting list is divided by seasons, Fall, Winter, Spring, Summer. This is the most effective way for us to complete projects considering the work load. By paying your invoice, you agree that you are going to be placed on the waiting list and we work on a first come, first serve basis. You understand that some projects may take longer than others and therefore, we can’t provided a specific timeline for project completion without advance notice. Once your project is ready to begin (we will send you an e-mail or we will change your name to orange on the schedule or we have the right to begin the design without following up first), the process will then take up to 6-12 weeks (minimum) to complete, however, this could take longer, depending on the designer’s schedule. Projects may take longer than expected, which is why we can not stress enough, please do not sign up with us if you are not 100% sure you are willing to wait. Delicious Design Studio has the right to extend the project date if need be, depending on the requests of the client, the depth of the project or previous projects. The extension does not warrant a refund whatsoever. Your deposit is not a payment for work received, completed. Your deposit is a retainer of your spot on the waiting list. We have the right to extend a project for any reason, especially if previous projects take longer than expected. The waiting list can be altered at any time. We have the right to extend a project, to place a project on hold or reschedule a project as we see fit.
3) Development
Delicious Design Studio will guarantee that the design project we complete for each client will work in the latest browser versions of Internet Explorer and Mozilla Firefox. Delicious Design Studio strives to create content that is functional and viewable to the great majority, which means we design to meet the needs of the web site consumer. Currently more than 75% of internet users view internet content using Internet Explorer and Mozilla Firefox. Additional platform testing and modification of website design to work in other platforms will require an extra fee. For the same reasons, Delicious Design Studio will design for the screen resolution 1024×768, as this is the current standard among internet content. Delicious Design Studio automatically takes all recognized steps to make your site accessible to those with disabilities.
Once the snapshot and test site is made available to the client for review.. we would be happy to work with you until you are satisfied with the look of your design but realistically, we need to have the mockups down to 3 or less before it goes final. Once the final 3rd mockup has been constructed, there will be additional charges afterward if you wanted to continue the modifying process. To keep it simple, let’s try to compile a list of all final customizations after the 2nd mockup into an e-mail. After these customizations have been sent to Delicious Design Studio and are completed, Delicious Design Studio will then have the right to charge the current hourly rate, on any edits thereafter. Delicious Design Studio has the right to deny any customizations that the client suggests if it will alter the look of the design after it’s been completed.
4) Refunds
We do not offer refunds on deposits or payments, under any circumstances. Your deposit is not a payment for work received, completed. Your deposit is a retainer of your spot on the waiting list. You are paying for our expertise, our time, our work and to reserve a spot with us. We cannot be responsibly for a change of heart, a change of mind. That is really unfortunate, but we will not be able to honor that. These payments are non-refundable. We have a long list of others who are waiting for a design and by placing your spot on the schedule, we need to secure it. Your deposit also covers any costs that may occur before the actual design process begins, such as hosting fees, graphic fees, preparation fees, etc.
If you choose to place the project on hold for any length of time for any reason, a continuation fee will be required, once the project resumes. Please understand that we work from a long waiting list so please don’t commit to a project if you’re not 100% certain you are willing to wait. When you sign up with us for a project, you agree to understand that we have a very lengthy turnaround.
5) Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Delicious Design Studio for inclusion in the design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Delicious Design Studio from any claim or suit arising from the use of such elements.
6) Linkbacks
The client agrees to have a small linkback to Delicious Design Studio placed on each of their web site pages. The client agrees not to remove this linkback unless images, text, content, design elements and code provided by Delicious Design Studio is removed.
7) Web Site Maintenance
Delicious Design Studio offers site maintenance at the current hourly rate. In addition, packages may be made available to keep a designer on retainer for specific maintenance. All maintenance payments must be received prior to any work completed.
8) Completion
Delicious Design Studio agrees to work with the customer to complete all design projects in a timely manner that is listed under Project Schedule. Delicious Design Studio will provide each client with a project completion date depending on the size, content and functionality requirements of the design project as well as availability of the designer. It is the client’s responsibility to provide content as requested in order to meet any completion time line. If the client does not provide the needed content prior to the agreed completion date, payment in full is still due the designer. Delicious Design Studio can not be held to a time line or be held responsible for damages to a business in regards to design project completion if Delicious Design Studio was not provided content. Should the client be unable to provide content in a timely manner Delicious Design Studio may, at our discretion, choose to reschedule the design project according to the designers availability. Delicious Design Studio reserves the right to terminate a relationship in which content was not provided in a timely manner. Should the client choose to reschedule the design project, there will be a 15% fee for each month the design project is in construction after the original project completion date. Once content has been made available to Delicious Design Studio and pages have been constructed with said content, content changes will be made at our current hourly rate. Once the design is installed and live, Delicious Design Studio is not responsible for any changes made to the design by the client, that will affect the overall look of the website. The website and or blog may be reinstalled for a fee. Custom designs that are not paid for and have not been claimed within two weeks of completion will be edited and sold as a premade design.
9) Project Delivery & Payments
Delicious Design Studio will be paid in full before delivery of the final product. Once full payment is received Delicious Design Studio will publish the design project on the client’s hosting service or blog. If a payment is not received in a timely manner, Delicious Design Studio has the right to place the project on hold or edit the design and sell as a premade.
10) Other Legal Things
Delicious Design Studio will do the best to our ability to provide a design that meets the needs of our client as expressed to us by the client, and to guarantee our work error free. Some errors are nearly inevitable, and Delicious Design Studio agrees to correct any content/linking errors recognized in the design project for a term of seven days past completion. This includes typos, bad links, or viewing issues in current versions of Internet Explorer or Mozilla Firefox. This does not include replacing more than a paragraph of text, replacing images without typos or changing design or visual elements. Upon completion it is the client’s responsibility to identify any errors for Delicious Design Studio to correct. In no event will Delicious Design Studio be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website. We will in no way be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Delicious Design Studio retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.
You will not hold Delicious Design Studio liable for any reason due to a project not being delivered on time or a deposit/payment not being returned. (See sections 2 & 4)
You understand that there are NO refunds and the waiting list is a first come first serve basis.
This agreement becomes effective when the client provides the designer with the first payment/deposit. The publication of the design project and submission to search engines if requested will only be made after the final payment is submitted. All payments will be made through Paypal.
11) Events Beyond the Control of Delicious Design Studio
Delicious Design Studio will not be liable for breach of this agreement where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Delicious Design Studio.
Delicious Design is
ReplyDeletea reputable company. With any company, comes a few angry and upset customers.
However, you need to understand that all of the clients had agreed 100% to the
Terms & Conditions that Delicious Design displayed. This includes waiting for
their waiting list that is 9months+ and understanding that the deposit is NON
REFUNDABLE. The deposit is a retainer for the waiting list.
Below are the Terms & Conditions that these clients agreed to. It's unfortunate
that they are upset about their situation as DDS has done everything to try to
resolve the conflict and had still up until this point, tried to make amends
with the situation.
1) Authorization
You, the client is engaging Delicious Design Studio, as an independent contractor for the specific design project of developing and/or improving a blog or website, hereinafter referred to as “design project” or “project” to be installed on the client’s account. The client hereby authorizes Delicious Design Studio to access this account, and authorizes the Hosting Service to provide Delicious Design Studio with “full access” to the client’s account, and any other programs needed for this design project that are included as part of the client’s service agreement. By paying your invoice, you agree to be contractually bound to these terms & conditions. You agree that you understand everything that is stated in these terms & conditions and will agree to them.
You are considered a client once you’ve accepted the quote and have made the first deposit/payment.
2) Project Schedule & Waiting List
Once the client has paid their first initial payment (which is considered the deposit), Delicious Design Studio will add the client to the project schedule/waiting list. The waiting list can be viewed on the delicious design studio website under Schedule. The waiting list is divided by seasons, Fall, Winter, Spring, Summer. This is the most effective way for us to complete projects considering the work load. By paying your invoice, you agree that you are going to be placed on the waiting list and we work on a first come, first serve basis. You understand that some projects may take longer than others and therefore, we can’t provided a specific timeline for project completion without advance notice. Once your project is ready to begin (we will send you an e-mail or we will change your name to orange on the schedule or we have the right to begin the design without following up first), the process will then take up to 6-12 weeks (minimum) to complete, however, this could take longer, depending on the designer’s schedule. Projects may take longer than expected, which is why we can not stress enough, please do not sign up with us if you are not 100% sure you are willing to wait. Delicious Design Studio has the right to extend the project date if need be, depending on the requests of the client, the depth of the project or previous projects. The extension does not warrant a refund whatsoever. Your deposit is not a payment for work received, completed. Your deposit is a retainer of your spot on the waiting list. We have the right to extend a project for any reason, especially if previous projects take longer than expected. The waiting list can be altered at any time. We have the right to extend a project, to place a project on hold or reschedule a project as we see fit.
3) Development
Delicious Design Studio will guarantee that the design project we complete for each client will work in the latest browser versions of Internet Explorer and Mozilla Firefox. Delicious Design Studio strives to create content that is functional and viewable to the great majority, which means we design to meet the needs of the web site consumer. Currently more than 75% of internet users view internet content using Internet Explorer and Mozilla Firefox. Additional platform testing and modification of website design to work in other platforms will require an extra fee. For the same reasons, Delicious Design Studio will design for the screen resolution 1024×768, as this is the current standard among internet content. Delicious Design Studio automatically takes all recognized steps to make your site accessible to those with disabilities.
Once the snapshot and test site is made available to the client for review.. we would be happy to work with you until you are satisfied with the look of your design but realistically, we need to have the mockups down to 3 or less before it goes final. Once the final 3rd mockup has been constructed, there will be additional charges afterward if you wanted to continue the modifying process. To keep it simple, let’s try to compile a list of all final customizations after the 2nd mockup into an e-mail. After these customizations have been sent to Delicious Design Studio and are completed, Delicious Design Studio will then have the right to charge the current hourly rate, on any edits thereafter. Delicious Design Studio has the right to deny any customizations that the client suggests if it will alter the look of the design after it’s been completed.
4) Refunds
We do not offer refunds on deposits or payments, under any circumstances. Your deposit is not a payment for work received, completed. Your deposit is a retainer of your spot on the waiting list. You are paying for our expertise, our time, our work and to reserve a spot with us. We cannot be responsibly for a change of heart, a change of mind. That is really unfortunate, but we will not be able to honor that. These payments are non-refundable. We have a long list of others who are waiting for a design and by placing your spot on the schedule, we need to secure it. Your deposit also covers any costs that may occur before the actual design process begins, such as hosting fees, graphic fees, preparation fees, etc.
If you choose to place the project on hold for any length of time for any reason, a continuation fee will be required, once the project resumes. Please understand that we work from a long waiting list so please don’t commit to a project if you’re not 100% certain you are willing to wait. When you sign up with us for a project, you agree to understand that we have a very lengthy turnaround.
5) Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Delicious Design Studio for inclusion in the design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Delicious Design Studio from any claim or suit arising from the use of such elements.
6) Linkbacks
The client agrees to have a small linkback to Delicious Design Studio placed on each of their web site pages. The client agrees not to remove this linkback unless images, text, content, design elements and code provided by Delicious Design Studio is removed.
7) Web Site Maintenance
Delicious Design Studio offers site maintenance at the current hourly rate. In addition, packages may be made available to keep a designer on retainer for specific maintenance. All maintenance payments must be received prior to any work completed.
8) Completion
Delicious Design Studio agrees to work with the customer to complete all design projects in a timely manner that is listed under Project Schedule. Delicious Design Studio will provide each client with a project completion date depending on the size, content and functionality requirements of the design project as well as availability of the designer. It is the client’s responsibility to provide content as requested in order to meet any completion time line. If the client does not provide the needed content prior to the agreed completion date, payment in full is still due the designer. Delicious Design Studio can not be held to a time line or be held responsible for damages to a business in regards to design project completion if Delicious Design Studio was not provided content. Should the client be unable to provide content in a timely manner Delicious Design Studio may, at our discretion, choose to reschedule the design project according to the designers availability. Delicious Design Studio reserves the right to terminate a relationship in which content was not provided in a timely manner. Should the client choose to reschedule the design project, there will be a 15% fee for each month the design project is in construction after the original project completion date. Once content has been made available to Delicious Design Studio and pages have been constructed with said content, content changes will be made at our current hourly rate. Once the design is installed and live, Delicious Design Studio is not responsible for any changes made to the design by the client, that will affect the overall look of the website. The website and or blog may be reinstalled for a fee. Custom designs that are not paid for and have not been claimed within two weeks of completion will be edited and sold as a premade design.
9) Project Delivery & Payments
Delicious Design Studio will be paid in full before delivery of the final product. Once full payment is received Delicious Design Studio will publish the design project on the client’s hosting service or blog. If a payment is not received in a timely manner, Delicious Design Studio has the right to place the project on hold or edit the design and sell as a premade.
10) Other Legal Things
Delicious Design Studio will do the best to our ability to provide a design that meets the needs of our client as expressed to us by the client, and to guarantee our work error free. Some errors are nearly inevitable, and Delicious Design Studio agrees to correct any content/linking errors recognized in the design project for a term of seven days past completion. This includes typos, bad links, or viewing issues in current versions of Internet Explorer or Mozilla Firefox. This does not include replacing more than a paragraph of text, replacing images without typos or changing design or visual elements. Upon completion it is the client’s responsibility to identify any errors for Delicious Design Studio to correct. In no event will Delicious Design Studio be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website. We will in no way be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Delicious Design Studio retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.
You will not hold Delicious Design Studio liable for any reason due to a project not being delivered on time or a deposit/payment not being returned. (See sections 2 & 4)
You understand that there are NO refunds and the waiting list is a first come first serve basis.
This agreement becomes effective when the client provides the designer with the first payment/deposit. The publication of the design project and submission to search engines if requested will only be made after the final payment is submitted. All payments will be made through Paypal.
11) Events Beyond the Control of Delicious Design Studio
Delicious Design Studio will not be liable for breach of this agreement where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Delicious Design Studio.
Those of you who paid her thru Paypal - I ENCOURAGE YOU TO FILE A DISPUTE, even if the time has ran. I have been advised by paypal that they will investigate further if more than one complaint is made.
ReplyDeleteI will be yet another casualty who paid up front for a new blog design and NEVER received a finished product in over 13 months from Jessica and Delicious Design Studio. I will be filing a dispute with Paypal, writing to BBB, etc.
ReplyDeleteI am deeply sorry to hear of so many other cases just like mine.