Terms of Service
Terms of Service Agreement
By placing an order with RIPEn Creative for either services or products, you confirm that you are in agreement with and bound by the terms of service below.
The Client: The company or individual requesting the services of RIPEn Creative.
RIPEn Creative: Primary designer/site owner & affiliates.
General Terms of Service:
RIPEn Creative will carry out work only where an agreement is signed and returned either by email or mail. RIPEn Creative will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between RIPEn Creative and the client, this may include telephone and/or email agreements.
Ownership of and Responsibility for Registration of Domain Names, Hosting Services
The client will have full ownership of all domain names registered as well as hosting services. The client will be responsible to register the domain name(s) that the website will be hosted on to ensure full ownership. The client will provide necessary account information to RIPEn Creative for web design and hosting purposes.
The client will be directly responsible for the monthly fees for hosting services provided by the hosting provider. RIPEn Creative will not include these charges in the contract price for any/all services provided by RIPEn Creative.
Domain Registration and Hosting Service Provider
The client has the right to choose the hosting service provider and/or company providing the domain registration service. RIPEn Creative agrees to assist The Client in making the best decision for hosting services once the business needs and requirements are acknowledged by The Client. RIPEn Creative highly recommends using the same service provider for all services, and we recommend Webnames as a reliable, professional, responsible and cost-effective service provider.
RIPEn Creative will not be responsible for the reimbursement of services purchased by the client if the services are purchased before the contract is signed and agreed to by both parties.
Fees and Deposits:
A 50% deposit of the total fee payable on the signed contract proposal is due before RIPEn Creative proceeds with the services as agreed upon in the contract. The remaining 50% will be due when the work is completed to your reasonable satisfaction, but is subject to the terms of the “approval of work” and “rejected work” clauses.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the contract agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of RIPEn Creative.
The client’s website will not be published until full payment has been received by RIPEn Creative.
Right to Refuse Service:
RIPEn Creative reserves the right to refuse service to anyone. RIPEn Creative will not create or produce sites of an adult content nature, sites that promote the use of tobacco and/or drugs and/or alcohol, sites that would involve the direct/indirect promotion of illegal products or services which may include but is not limited to copyright infringement. Sites that would promote or have content or images of harassment, hateful images or literature, violent or graphic images will not be created or produced by RIPEn Creative Web Design.
Supply of Content and Materials
The client is responsible to supply textual content and photographs for all pages which include biographical information of their owners, employees and/or the company. Where there is any delay in supplying these materials to RIPEn Creative which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Failure to supply materials which prevents the progress of the work, affords RIPEn Creative the right to invoice you for any part or parts of the work already completed, as well as RIPEn Creative retaining the deposit.
The signed contract proposal will include all relevant dates required for completion of the website.
All content and materials supplied by The client must obtain all necessary permissions and authorities in respect to the use of all textual content, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website. Signed approval will be required upon submission to RIPEn Creative for each third-party individual pictured in the photographs for inclusion on the website. RIPEn Creative will provide the release form to The client if necessary.
RIPEn Creative is pleased to offer the Client the opportunity to make revisions to the design through each phase of the design process. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at a rate of $60.00 per hour.
Approval of Work
On completion of the work, The client will be notified and have the opportunity to review it. The client must notify RIPEn Creative Web Design in writing via email including any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to RIPEn Creative as unsatisfactory within the 7-day review period will be deemed to have been approved.
Rejection of Work
RIPEn Creative will make reasonable attempts to remedy all unsatisfactory points provided by The client within the 7-day review period. RIPEn Creative desire is that The client is fully satisfied with the end product provided, for this reason, RIPEn Creative reserves the right to attempt to resolve the unsatisfactory points a maximum of 3 times for each phase, each of which will include direct consultation(s) with The client. If a resolution to any points can not be mutually agreed upon, the subsequent work on The client’s website will be stopped.
Search Engine Optimization
RIPEn Creative does not guarantee any specific position in search engine results for your website. RIPEn Creative agrees to provide basic search engine optimization according to current best practices.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of RIPEn Creative under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
RIPEn Creative retains the Copyright to any and all work completed in the event a project is terminated at no fault of RIPEn Creative or until full payment is made on all fees including: quote, additional fees incurred for the project.
RIPEn Creative will retain the right to reproduce, publish and display all work created for you in RIPEn Creative portfolios, websites, galleries, periodicals, exhibits, etc. for the purposes of recognition of creative excellence or professional advancement. Copyright violation is strictly prohibited and protected by law. Any design not specifically copyright & purchased may not under any circumstances be utilized for branding purposes other than what the design was initially designed for, unless licensing is purchased from RIPEn Creative. All created images that are used on The client’s website are copyrighted to RIPEn Creative, as the designer. All images are to be used for their intended purposes only and are not to be copied and used elsewhere on the Internet or in print. You do not have permission to give away, sell, print, or change these images without the written approval of RIPEn Creative. If you are re-designing your site with another designer and would like to use any of RIPEn Creative graphics or elements, The client will be required to pay a release fee mutually agreed upon between RIPEn Creative and the Client.
RIPEn Creative may install a copyright bar located at the footer of The client’s website. These credits are not to be removed or changed in any way by the Client without verbal consent from RIPEn Creative.
The client may not alter or change the website design in any way without written permission from RIPEn Creative. The client must notify RIPEn Creative if they intend to alter the design.
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