Terms of Service
By ordering any service from Elune Art , you (hereafter referred to as 'Client') agree to abide by the following terms of service:
- COPYRIGHT AND PERMISSION
It is the sole responsibility of the CLIENT to obtain all necessary permissions and authorizations with regard to the use of all copy, graphic images, company logos, trademarks and or any other supplied material. Every contracted work will be seen as a guarantee that all such permissions have been obtained.
All sites, graphics, and other files created by Elune Art for the CLIENT are the sole property of Elune Art until CLIENT'S balance is paid in full, at which time said sites, graphics, and other files are the sole property and responsibility of the CLIENT.
- YOUR INFORMATION
We're always aiming to improve our services for its customers and the more we know about you, the better we can serve you. The personal information that you provide to us through Elune Art enables us to personalize and improve your experience with our company and services for you. Your personal information is collected in a variety of ways such as completing your registration form.
Your information will NEVER be
- Sold or given away to a third party outside of Elune Art's Services.
- Used for any other means than to determine the best outline and service our company can provide for your experience with our service.
- ACCESS & RIGHTS
Elune art must be granted access to the server directory where the design is to be placed. By signing this agreement, it is also granting Elune Art full "on demand" access to the installed files. CLIENT further agrees that Elune Art shall have the right to remove "our" design from public view for failure to adhere to the terms of this agreement. These could include violating licensing agreement or failure to pay fees duly assessed.
Elune art cannot and will not be held responsible for modifications, alterations, or deletions made by any third party. CLIENT acknowledges and agrees that Elune Art has no control over and will not be liable for the unlawful acts of others who access CLIENT'S installed and publicly posted materials.
- RIGHT OF REFUSAL
EluneArt reserves the right to refuse service for any content deemed inappropriate, illegal or immoral. Elune art may cancel this agreement for failure of CLIENT to abide by these terms.
- "SUBMITTED FOR YOUR APPROVAL"
Elune Art will post all site work done to our server for review by CLIENT. This will allow the CLIENT an opportunity to review the appearance and content of scripted material. All custom programming and custom graphics including logos, animations and flash programming provided for CLIENT per the original contract will be considered as part of the finished product even if the CLIENT decides not to use.
If the CLIENT request changes outside the limits of original contract, CLIENT agrees to pay Elune Art web design fees on a per hour basis. Unless Elune Art is notified via email within ten (10) days of posting review, Elune Art will consider the material deemed acceptable by the CLIENT. Payment of the fee balance will then become due.
- POSTING TO SERVER
Upon payment of balance, Elune Art will post (install) pages to CLIENT'S server (site location). This may take several days depending on the setup times and server side changes that need to be made.
- SERVICE INTERRUPTIONS
CLIENT acknowledges and agrees that Elune Art cannot guarantee constant service because of the variables involved. Circumstances beyond our control include but are not limited to service interruptions caused by " acts of god ", telecommunications system failures and server problems.
Elune Art will not be held responsible for any damages arising from the use, misuse, or implementation of any sites, graphics, or other files created for the CLIENT.
- ACCEPTANCE OF TERMS
Placing an order or contracting Elune Art for web design or graphic design will be regarded as acceptance of these Terms and Conditions.
- DESIGNER "BRANDING"
CLIENT agrees that a link will appear at the bottom of each page in the CLIENT'S site. Link will be in the form of a very small graphic and/or text link.
- RETURN POLICY
If we cannot resolve your concerns to your satisfaction after the 3 free revisions and paid revisions, we may issue up to 50% refund based upon: the nature of the project, any necessary expenses already paid, the terms and specifications outlined in any contracts pertaining to said project, and any additional factors that may be relevant.
Fees due are payable by credit cards and via Pay Pal. The initial payment of 50% being due upon signing this agreement. The balance will become due upon completion of the contracted work in accordance with the CLIENT'S original written specifications. Final payment must be received before the site will be "live". All overdue accounts will be assessed a 10% monthly late fee. All payments must be in US funds. PAYMENT MUST BE RECEIVED BEFORE THE SITE GOES LIVE. NO EXCEPTIONS.