Below are the Rachel Hostetler Design ("Rachel Hostetler Design", "RHD", "We", "Us", "Our", "the designer" ) standard terms and conditions for all projects. If you have any questions you would like to discuss, please do so at the beginning of the project otherwise your agreement at the commencement of any project will constitute full and total agreement with these terms. Unless otherwise stated, these policies form the basis of every/all contracts between RHD and our clients.
It is vital that you ("the user", "the client", "you") take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you agree to commence any project with Rachel Hostetler Design. Please contact us if you do not understand any of the terms or conditions in this document.
Scheduled operating hours are between 8am and 5pm CST Monday through Friday.
We do not work on weekends or major holidays. If overtime work is requested through these times, you will be charged 1.5X our regular hourly rate for after hours service. After 8 hours of work, you will be charged 2X our regular hourly rate.
If you're late for your meeting, you lose that time. If you don't show, you'll still be charged in full.
A non-refundable fee of 50% is required up front before beginning any work as a retainer for our services, and the remaining 50% will be due upon completion of the project. For larger projects, fees might be broken down into smaller percentages.
Websites will be transferred to client once final payment is received.
Estimates are based on the information provided at the time of quoting and may be subject to change if additional work is required.
All estimates are based on our hourly rate of $90/hour. If projects go over time estimated, you will be billed for the extra time. Changes requested beyond the original scope of the project will be charged at my hourly rate.
Unpaid balances beyond 10 business days will (Rachel Hos Design’s discretion) attract a percentage based late payment fee.
Stock photography & graphics will be purchased and costs will be billed to the client. Otherwise, the client will be required to obtain the photos and graphics through their own means.
Any stock photography and/or graphics required for inclusion in the client's website or design work remain the property of Rachel Hostetler Design and may be used in multiple, separate projects. Should the client require full ownership of the provided photography or graphics, these terms must be disclosed in writing. RHD will charge per hour for the time for finding stock photography and graphics and will bill the expenses to the client with a markup percentage.
Printing: If requested, Rachel Hostetler Design can print your project if discussed before the start of the project. RHD can get quotes from multiple printers and come up with the best solution for your print needs. You will be charged per hour for the additional time and a markup fee on top of the printing costs.
Expenses: RHD will bill any expenses for the project to the client and will charge a markup on top of every expense.
Branding: Logo/Branding consists of the unique design of a mark and/or name for the entity.
Corporate Identity consists of the digital design of a business card, letterhead, and envelope.
Websites: Websites are designed to work with current technologies and browser versions. If future unforeseeable changes to technology or browsers cause website errors Rachel Hos Design can repair these quoted at the standard hourly rate.
Plugins that are installed will be checked the best of my ability that they are working properly, but if they malfunction later, I will not be held responsible. I do not support plugins.
Quoted delivery dates may change due to unforeseen circumstances, delays in client response times or excessive design changes.
It is understood that RHD is an independent professional contractor and that will not in any event be construed as or held to be an employee of the customer. It is further agreed that at no time will we or any work efforts be under the supervision or control of the customer, although we agree to comply with all reasonable requests and regulations applicable to any other business invitation. It is also agreed that RHD, as an independent contractor, is not restricted to working exclusively for the customer during the term of the agreement.
Ownership of the designs and development ‘code’ remain property of me until such time as all monies are received.
Work that is refused by you, or remains unpaid will remain RHD's property and cannot be used in whole or in part by you or you company.
RHD will not be responsible for any damage, loss or liability the client or any third party may suffer. This includes loss of revenue, profits or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by RHD or otherwise.
Either party may terminate our contract without cause upon thirty (30) days written notification to the other party. We may terminate this agreement immediately upon the refusal to, or inability to perform under the contract or a breach of the contract. Furthermore, the contract shall be terminated automatically in the event of Rachel Hostetler's death. On termination of the contract, your obligation to pay RHD, except for services already accrued or incurred, will forthwith cease and terminate.
If client communication or a client deliverable (such as content, approvals, payment) is more than 10 business days late the project will be considered "on hold." Once the deliverable is received and the project is reactivated it will be rescheduled based on our current workload and availability. Just be aware, it could be weeks or even months to be back on the calendar if your project is put on hold.
Design Credit: A link to Rachel Hostetler Design will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee will be applied. The Client also agrees that the website developed for the Client may be presented in RHD's portfolio.
Promotion: Designer retains the right to reproduce, publish and display the Deliverables in Designer’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Promotional Approval: Either party, subject to the other’s reasonable approval, may describe its role in the Project on its website and in other promotional and marketing materials, and, if not expressly objected to, include a link to the other party’s website.
RHD takes pride in professional courtesy and manners and hope our clients do too. "The Client" agrees to behave through all communications in a professional, courteous and respectful manner towards designers and staff at RHD. Any actions deemed by us a disrespectful, unprofessional, abusive or verbal/written cruelty on the part of "The Client" may result in cancellation of the project and the deposit will serve as a cancellation fee, along with a prorate payment based up the time spent if exceeds 50% of the quoted work.
Actions that may result in the cancellation of the project may include: insulting language, profanity, unwarranted criticism of the designer's general ability, disrespectful comments, personal insults, swearing, blaming on social media sites, threats not to pay for the work for unwarranted reasons and general lack of respect. Please note: It would be extremely rare for RHD to use this clause, and the client behavior would have to be extreme and affect other areas of our staff and designers' work.
In the estimate provided for your project, we provide the estimated time it will take to be completed. This time frame may be longer if you fail to provide content in a timely fashion. Time frame does not start until deposit is made and sites will be created in the order in which retainers were received.
We only warrant work from us, not third party providers. This includes hosting companies, domain services and email services.
Delays: Illness, injury, or other events beyond RHD's control such as: theft, fire, computer failure, and Acts of God may result in a delay of unpredictable length.
Delinquency: RHD reserves the right to remove web pages or the entire site from viewing on the Internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred in that process.
Unless otherwise state in our contract, charges for design work do not cover the release of copyright design files including indeed, psd, png or any other source files. If the client requires these files, they will be subject to a separate quote or a 'buy-out' charge.
These Terms and Conditions supersede all previous representations, contracts, understandings or agreements, unless specifically agreed otherwise by both Parties, in writing.
I reserve the right to revise these terms and conditions at any time.