terms of service

Bellano Web Studio will always strive to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. I’ve tried to keep it simple and in plain language, if you have any questions about any sections please speak up.

Timeline
Projects timelines are normally 30 days and occasionally 6 weeks for larger projects. Your project will be scheduled in the month that works best for you (subject to schedule availability) to meet that timeline. There are limited spaces available each month. To reserve your place on the schedule a 50% deposit is required. Projects are normally scheduled for a specific month, for example work starts on the first of the month with a target launch date of the last day of the month. Adjustments can be made as needed and as my schedule permits.

Payment
Please be aware that once you have submitted your initial payment you are agreeing to the Terms of Service in their entirety. The method of payment accepted is PayPal.

All packages require a deposit of 50% to be scheduled.

Final payment/balance is due before launch, installation on your hosting OR 45 days from your start date (whichever comes first). Final graphics files and social media images will be sent after final payment is made. Installation will take place within 24-48 hours of final payment unless an extension has been arranged. (I will clearly communicate if there is any reason that I will not be able to meet this timeline).

If the project extends beyond the 45 day time frame an extension fee of $250 will be applied for an additional 30 day extension to accommodate final edits and launch.

Any project extending beyond 60 days will be placed on hold until the client is ready to resume and Bellano’s schedule allows. Projects extending beyond 90 days will be canceled and all payments forfeited to Bellano Web Studio.

Refunds
Due to the nature of the services, Bellano Web Studio will not issue refunds for any reason. Deposits secure your place on the calendar/schedule for the time agreed to on the invoice and cover the initial development. Any projects canceled by the client after time is scheduled will incur a 50% cancellation fee and the remaining deposit balance will be refunded within 30 days. If a client cancels a project within 30 days of the scheduled month, NO REFUNDS will be issued.

If Bellano Web Studio is unable to start on a project due to unforeseen circumstances I will issue a refund accordingly, however, once work has started no refunds will be issued.

If, at any stage, you are not happy with the direction the work is taking you may terminate the project. The deposit will act as a kill fee to cover the time and work that has been put into the project. No refunds will be issued and no additional costs will be incurred.  Neither the client or designer will be accountable for further expenses.

Communication
When your project starts it is important to stay in contact and for both designer and client to respond to email timely (within 24-48 hours). All communication will take place on Basecamp.

I do not conduct business by phone. I am consistently available via Basecamp, email and can schedule a time to be available for an online chat or Skype session. If there will be a time that either designer or client will be unavailable for communication (days out of town or illness, etc.) that will be communicated and a check in date established.

Bellano Web Studio will make every effort to keep your project on schedule; however, I depend on your input and communication.

Holds and Suspensions
Any communication/feedback delays that last more than seven days will add a “holding fee” of $200 per week to your invoice. If a client does not respond or communicate within 21 days the project will be suspended.

Any project extending beyond 60 days will be placed on hold until the client is ready to resume and Bellano’s schedule allows. Projects on hold for non-communication for 90 days will be canceled and all payments forfeited to Bellano Web Studio.

Clients can request their project be put on hold for up to 6 months. After 6 months the project will be terminated.

There will be a $500 restart fee to resume a hold or suspended project. Rescheduling and payment of these fees will be required for the procect to be rescheduled and the new scheduled dates of the project will be based on my availability. 

Business Hours
Monday – Friday 10am to 6pm (Mountain Time)

Preview and Changes
The design process takes place on a test or demo site. Up to 3 rounds of revisions on the theme are included in your package.

Approval and final payment will be required before the final design is installed and the site goes live. Any minor tweaks need to be submitted within one week of the live date. Changes made after this point will be charged the regular hourly rate ($75).

Collaboration and design sometimes result in a change of direction. New features or additional rounds of changes may incur additional fees. Additional fees will NEVER be a surprise and will be discussed and agreed to before proceeding.

Content
Content is not included unless specified in the quote. Design packages include post and page design/layout, however, this does not include revising content or adding client provided content (available for an additional fee).

Copyright and Credit
Designs are intended for a single project on a single URL. Clients may not copy the Theme, elements or Genesis Framework for use on another blog, website or social networking profile.

No derivative works of the copyrighted property will be permitted.

Clients are responsible for complying with U.S. Copyright Law (even if the client lives outside the U.S), license agreement(s) and photography copyrights of any images provided to Bellano Web Studio

Design credit will be placed in the footer of all themes/templates created by or customized by Bellano Web Studio. The footer credit must remain intact for the duration of the use of the design. I reserve the right at any time to ask that my credits be removed if the design is changed in a way that I am uncomfortable with and is no longer a true reflection of my work.

Website and Marketing
Client agrees that design projects may be featured on Bellano Web Studio blogs, websites, social media or promotional materials.

Privacy
Bellano Web Studio will not share any of your information, login information, etc.

Additional Costs
Stock photography, premium fonts, plugins, and/or graphics may be an additional fee or client may purchase the item and provide it to Bellano Web Studio.

Hosting & Domain Registration
Hosting and domain registration is not included in the project fees and is the client’s responsibility. Login information will need to be provided at the appropriate time for installation. Bellano is happy to work with most hosting companies that offer cPanel services.  Flywheel is the recommended hosting provider of Bellano Web Studio.

Technical Support
Bellano Web Studio is not a website hosting company and does not offer support for website hosting, email or other services relating to hosting. Updates and management of that server will be up to you, including backup and security functions.

Client Responsibilities
The client is responsible for managing their content, WordPress, and hosting account. This includes but is not limited to backups, updates, security, and content revisions. Some assistance is available at an hourly rate after the project is launched.

Search Engine Optimization (SEO)
Bellano does not guarantee improvements to your website’s search engine ranking, but the site that is created for you will be accessible to search engines. Yoast SEO plugin is recommended.

Liability
Bellano Web Studio does not guarantee sales or success of websites or blogs.

Legal stuff
Bellano Web Studio will carry out the project work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, Bellano will also do the work to the best of our ability but can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Any feedback or discussion made via social media for revision purposes and/or in a negative format for current or past projects is a strict violation of the terms of this agreement, and you, the Client will be responsible for any and all legal fees necessitated to resolve any dispute or defamation of character that may arise due to feedback or discussion made via social media is at no fault of Bellano Web Studio. Experience reflections and testimonials are welcome via Basecamp, email and/or via our testimonial form on our website.

Dispute Resolution
Any legal dispute arising from this contract will be governed by the laws of the State of Utah. Any needs for arbitration or court proceeding based on or arising out of this agreement must be filed in Davis County, Utah. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

Additional Info
Bellano Web Studio reserves the right not to participate in the designing of a blog that is deemed to be vulgar, profane or offensive. I also reserve the right to refuse service as I see fit.

Acceptance of Terms

By submitting your questionnaire and deposit, you agree to the terms and conditions listed here. You are responsible for adhering to the terms and conditions listed here, even if you didn’t read them. Terms may be updated at the discretion of Bellano Web Studio and the current revision date will be included.

Revised: December 31, 2019