Terms of Service Agreement. By purchasing any service from DreamUp Studios the client is agreeing to the terms of service agreement as expressed below. These policies have been put into place to protect both the client and DreamUp Studios.
Authorization. The client is engaging DreamUp Studios as an independent contractor for the project discussed. The client hereby authorizes DreamUp Studios with full excess to all necessary materials, accounts, resources and programs for project completion. DreamUp Studios will not share, trade , distribute or sell this information, nor are they to be held responsible for any damage or loss of data.
Cancellation and Termination. Either party may cancel and terminate the project at any time for any reason, in such event all work will stop immediately. All liable expenses already incurred by DreamUp Studios or those DreamUp Studios is liable to pay shall be paid by the client in full. If cancellation and termination is done on the part of DreamUp Studios a refund of 50% will occur and no cancellation fee will apply. If the cancellation and termination is done on the part of the client after design approval the client may be liable to pay 75% of the remaining project balance. In all events of cancellation and termination, DreamUp Studios retains ownership of all copyright and any original artwork.
Copyrights and Trademarks. The client unconditionally guarantees that any elements of text, graphics, photos, design, trademarks or other artwork furnished to DreamUp Studios for inclusion in the project are owned by the client or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend DreamUp Studios from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the client. It is the client’s responsibility to do a Trademark/Copyright search in order to register their logo as a company Trademark. Learn more at: www.uspto.gov
Communication. All communication between DreamUp Studios and the client will be done through email.
Clients Alterations and Technical Support. There shall be no charges to the client for revisions or corrections or additions made necessary by errors on the part of DreamUp Studios. Any changes requested by the client before the approval of the final design are not considered client alterations but draft critiques. The number of draft critiques will be determined prior. If more are needed a fee will apply. Changes requested by the client after design approval and before or after project completion shall be considered client’s alterations and will be charged an hourly rate. If the client wishes to modify or enhance the site beyond minor changes, DreamUp Studios shall be given first option to perform such modifications and enhancements. In such cases a new project order will be written up.
Project Copyright. Unless otherwise stated, all other copyright remains with DreamUp Studios. Upon request DreamUp Studios will provide client with low-resolution JPEG files of design, but will not supply any layered PSD, AI or EPS files unless a copyright is purchased (contact us for pricing). Client is not allowed, for any reason, to alter, change, duplicate, redistribute or resell any information, draft, image, graphic or design DreamUp Studios provides client with for clients personal or business use. Please do not create or hire another designer, outside of DreamUp Studios, to create something with, based on or similar to our designs. If client should decide to change their design they should remove all DreamUp Studios design credit as the design is no longer an accurate representation our work. DreamUp Studios may display completed projects in design portfolios.
Downtime and Hosting. Images will be hosted using the space provided through the client’s blog platform or web host. DreamUp Studios is not responsible for any error or downtime associated with this space.
Payments. All listed prices and price quotes are in USD. DreamUp Studios will accept no payment outside of PayPal. All orders under $2,000 must be paid upfront in full before project can begin. If requested, all orders over $2,000 may be paid for in two parts: 50% upfront, 50% before installation or file hand-off. For orders in case collection proves necessary, the client agrees to pay all fees (including all attorney fees and court costs) incurred by that process. The client agrees that for purposes of venue, this agreement was entered into Wake County, North Carolina, and any dispute will be litigated or arbitrated in Wake County, North Carolina, and the client hereby consents to the personal jurisdiction of the North Carolina State courts. Furthermore, the client waives any right to claim of sovereign immunity. Due to the nature of our services, there are no refunds after the design work has already started.
Credit Line. At the bottom of each blog and website DreamUp Studios will include a small credit line . This credit line will link to http://dreamupstudios.com and will be written as follows: “Design by DreamUp Studios”. On personal projects this credit line, including text and link must remain intact, clearly viewable and unaltered. For professional/business projects, client may request this line be omitted. On personal blog design projects, a button will also be installed on client’s sidebar.
Referral Program DreamUp Studios may choose to not accept anyone for any reason. We may also cancel an agreement with whomever we choose after accepting them, for whatever reason. If that happens DreamUp Studios will send any rewards earned before cancellation occurs. This program and terms are subject to change at anytime without warning.
Legal Notice. The entire risk as to the quality and performance of the completed project is with the client. DreamUp Studios does not warrant that the functions contained in the project will meet the clients requirements or expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. All web sites at time of completion will be compatible with the latest versions of Internet Explorer and Mozilla Firefox, DreamUp Studios is not be held responsible for any functionality or design errors that may occur with the use of any other browser. DreamUp Studios is not to be held responsible for the function of the favicon, load times, or any other errors occurring due to reasons beyond DreamUp Studios’ control. In no event will DreamUp Studios be liable to the client or any third-party for damages, including lost profits, lost savings or other incidental consequential or special damages arising out of the operation of or inability to operate the project, failure of any services provides, of any telecommunication carrier, of the internet backbone, of any internet servers, computers or internet software, even if DreamUp Studios has been advised of the possibility of such damages. If any provision shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed serviceable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Warranties and Liability. Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of DreamUp Studios. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold DreamUp Studios harmless from any claim resulting from the client’s publication of material or use of those materials.
Indemnification. Client agrees that it shall defend, indemnify, save and hold DreamUp Studios harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with DreamUp Studio’s involvement in the client’s project. This includes Liabilities asserted against the developer, it’s subcontractors, it’s agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless DreamUp Studios against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Electronic Commerce Laws. The client agrees that the client is solely responsible for complying to any government laws lees, taxes and tariffs affecting internet electronic commerce, and will hold harmless protect and defend DreamUp Studios from any claim, suit, penalty, tax or tariff arising from the clients exercise of internet electronic commerce.