Terms & Conditions
All services provided by Divine&Serene are subject to the following Terms and Conditions.
This Terms and Conditions replaces any and all previous Terms and Conditions and discussions relating to the subject matters hereof and constitutes the entire agreement between the client and Divine&Serene with respect to the subject matters of this Terms and Conditions. This Terms and Conditions may not be modified in any respect by any verbal statement, representation, or agreement made by any employee, officer, or representative of the client, or by any written documents unless it is signed by Divine&Serene/Pauline Hoang (Designer).
Quotes & Contracts
Quotes provided to prospect clients will be honoured for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.
Charges & Fees
All Divine&Serene projects are subject to a deposit of 50% of the estimated quote. This deposit is non-refundable regardless of project completion. Final payment due at project completion may differ from estimated quote for various reasons such as complexity and add-ons. The remaining balance will be due upon acceptance of the completed web design project before it is released to the client or published to the Internet.
Payments
Divine&Serene prefers to accept payments via INTERAC Email Money Transfer. INTERAC Email Money Transfer is only available between Canadian banks. Divine&Serene will also accept payments via PayPal. Your PayPal payment should come from a confirmed PayPal account by available funds, credit card, or e-check. Your project will not be released to you or uploaded until full payment is received.
Delivery
Divine&Serene understands the importance of completing projects in a timely manner. Divine&Serene agree to complete the web design project within 60 days from the date of contract signing. If the client does not supply Divine&Serene with complete text, graphic content and other requested materials within 30 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request an one-time Project Extension in writing to Divine&Serene by email, at no extra cost, for a 30 day extension.
Non-Communication
If Divine&Divine is unable to communicate with a client on a project for duration of at least 60 days by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
Copyright & Ownership
Copyright to the finished assembled work of webpages produced by Divine&Serene is owned by Divine&Serene. All preliminary, unused, and in-progress artwork remains the property of the Designer (Divine&Serene/Pauline Hoang). Under Canadian and United States Copyright law, Designer (Divine&Serene/Pauline Hoang) is the owner of all files and artwork created for the client. Upon final payment of this contract, the client may be assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, scripts, work-up files, and computer programs are specifically not transferred to the client, and remain the property of Divine&Serene.
Divine&Serene/Pauline Hoang (Designer) retains the non-exclusive, perpetual and worldwide right to display, reproduce and distribute the designs in Designer’s portfolio and website, and third party trade publications or exhibits, solely for the purpose of promoting or exemplifying Designer’s work, and the right to be credited with copyright ownership and authorship of the designs in connection with such use.
Credit
Divine&Serene retains the right to display graphics and other web design elements as examples of their work in their respective portfolios. To maintain our portfolio credentials Divine&Serene obtains the right to place an unobtrusive credit with a hypertext link ("Website Design by Divine&Serene") in the footer of each page of the web site. Divine&Serene is also entitled to reproduce samples of client's web site, templates, example templates, or any other work created to simulate a web site on the Divine&Serene site and any other marketing materials.
Liability
Services purchased from Divine&Serene are provided "as is" without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall Divine&Serene be liable to the client or any third party for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/ore goods provided to the client. This includes, without limitation, business interruption, lost profits, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
Notification of Changes
Divine&Serene reserves the right to change or update these terms at any time without prior notice. We will notify clients about significant changes in the way we treat personal information by sending a notice to the primary email address specified in the client's account portfolio or by placing a prominent notice on the site 30 days prior to the effective date.
Acceptance
By submitting your deposit and signing the contract for services by Divine&Serene, you are agreeing to all of our terms and conditions of service as written here.
Last updated: March 10, 2010