Last Updated: June 23, 2025
These Terms and Conditions ("Agreement") govern the provision of web design and related services by Moodyblue's Design ("Designer") to the client ("Client"). By engaging the Designer’s services, the Client agrees to be bound by these terms.
1. Services
The Designer agrees to provide web design and development services as outlined in the project proposal or agreement provided to the Client. Services may include, but are not limited to:
Website design and development
Graphic design
Content integration
Basic search engine optimization (SEO)
Maintenance and updates (if agreed upon)
Any additional services requested beyond the scope of the initial agreement will require a separate agreement and may incur additional fees.
2. Project Scope
The Designer will provide a project proposal detailing the scope, timeline, estimated costs, and maximum number of pages included (the "Page Maximum"). The Page Maximum is set at 7 pages unless otherwise stated in the proposal. Additional pages beyond the Page Maximum will incur fees at a rate of $75 per page.
Any changes to the project scope must be agreed upon in writing by both parties. Changes may result in adjustments to the timeline and fees.
Project Complexity: The Designer will assess the complexity of the project (e.g., custom functionality, e-commerce integration, or advanced animations) and include any additional costs in the project proposal. Complex features requiring specialized development may extend the timeline and increase fees, which will be communicated and agreed upon before implementation.
3. Payment
Fees: The Client agrees to pay the fees outlined in the project proposal, including any additional fees for pages exceeding the Page Maximum or complex features. A deposit of 35% is required before work begins, with the remaining balance due upon project completion or as per the agreed payment schedule.
Payment Methods: Payments can be made via Paypal, Zelle, Cash, or with any major credit card. (i.e Visa, Mastercard, or American Express)
Late Payments: Payments not received within 5 calendar days of the due date will incur a late fee of 3.5% per week.
Refunds: No refunds will be issued for deposits or completed work unless the Designer fails to deliver the agreed-upon services.
4. Revisions
The Client is entitled to three rounds of revisions during the design phase, as outlined in the project proposal.
Additional revisions beyond the agreed number will incur extra charges at the Designer’s hourly rate of $35/hr
Revisions requested after project completion are considered new work and will require a separate agreement.
5. Client Responsibilities
The Client agrees to:
Provide all necessary content (e.g., text, images, logos) in a timely manner.
Ensure that all provided content is accurate, legal, and does not infringe on any third-party rights.
Respond to the Designer’s requests for feedback or approvals within 5 business days to avoid project delays.
6. Timelines
The Designer will make reasonable efforts to meet agreed-upon deadlines, provided the Client fulfills their responsibilities promptly.
Delays caused by the Client (e.g., late content submission or feedback) or increased project complexity may result in adjusted timelines.
The Designer is not liable for delays caused by third parties (e.g., hosting providers) or unforeseen circumstances.
7. Ownership and Intellectual Property
Upon full payment, the Client will own the final website design and deliverables, excluding any third-party tools, plugins, or proprietary code used in development.
The Designer retains the right to display the project in their portfolio or marketing materials unless otherwise agreed in writing.
The Client warrants that all content provided to the Designer is owned by the Client or used with permission. The Client indemnifies the Designer against any claims arising from content-related intellectual property disputes.
8. Third-Party Services
The Designer may recommend or use third-party services (e.g., hosting, plugins, stock images) to complete the project. The Client is responsible for any associated costs and compliance with third-party terms.
The Designer is not liable for the performance, availability, or maintenance of third-party services.
9. Website Maintenance
Unless otherwise agreed, the Designer is not responsible for ongoing website maintenance (e.g., updates, backups, security) after project completion.
Maintenance services can be provided under a separate agreement at an additional cost.
10. Termination
Either party may terminate the project by providing 7 days written notice.
Upon termination, the Client is responsible for payment for all work completed up to the termination date, including any fees for additional pages or complex features.
If the Client terminates the project, the deposit is non-refundable.
11. Liability
The Designer will perform services professionally and to the best of their ability but does not guarantee specific results (e.g., website traffic or sales).
The Designer is not liable for any indirect, incidental, or consequential damages arising from the use of the website or services.
The Designer’s total liability under this Agreement shall not exceed the total fees paid by the Client.
12. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the project, except as required by law.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of State of California. Any disputes arising from this Agreement will be resolved in the courts of Santa Barbara, CA.
14. Amendments
The Designer reserves the right to update these Terms and Conditions at any time. Clients will be notified of changes for ongoing projects.
15. Contact Information
For questions or concerns regarding these Terms and Conditions, please contact:
Moodyblue's Design
Megan@moodybluesdesign.com
805-363-0313
By engaging the Designer’s services, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.
English