Terms and Conditions of Use
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by My Island Designs, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your MyIslandDesigns.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and My Island Designs may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause My Island Designs liability. You must immediately notify My Island Designs of any unauthorized uses of your blog, your account or any other breaches of security. My Island Designs will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by My Island Designs or otherwise.
By submitting Content to My Island Designs for inclusion on your Website, you grant My Island Designs a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, My Island Designs will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, My Island Designs has the right (though not the obligation) to, in My Island Designs sole discretion (i) refuse or remove any content that, in My Island Designs reasonable opinion, violates any My Island Designs policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in My Island Designs sole discretion. My Island Designs will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay My Island Designs the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify My Island Designs before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to My Island Designs in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay My Island Designs the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. My Island Designs reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to My Island Designs.
- Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by My Island Designs to respond within two business days) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free MyIslandDesigns.com services. All support will be provided in accordance with My Island Designs standard services practices, procedures and policies.
- Responsibility of Website Visitors. My Island Designs has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, My Island Designs does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. My Island Designs disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MyIslandDesigns.com links, and that link to MyIslandDesigns.com. My Island Designs does not have any control over those non-My Island Designs websites and webpages, and is not responsible for their contents or their use. By linking to a non-My Island Designs website or webpage, My Island Designs does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. My Island Designs disclaims any responsibility for any harm resulting from your use of non-My Island Designs websites and webpages.
- Copyright Infringement and DMCA Policy. As My Island Designs asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MyIslandDesigns.com violates your copyright, you are encouraged to notify My Island Designs in accordance with My Island Designs Digital Millennium Copyright Act (“DMCA”) Policy. My Island Designs will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. My Island Designs will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of My Island Designs or others. In the case of such termination, My Island Designs will have no obligation to provide a refund of any amounts previously paid to My Island Designs.
- Intellectual Property. This Agreement does not transfer from My Island Designs to you any My Island Designs or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with My Island Designs. My Island Designs, MyIslandDesigns.com, the MyIslandDesigns.com logo, and all other trademarks, service marks, graphics and logos used in connection with MyIslandDesigns.com, or the Website are trademarks or registered trademarks of My Island Designs or My Island Designs licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any My Island Designs or third-party trademarks.
- Advertisements. My Island Designs reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. My Island Designs reserves the right to display attribution links such as ‘Blog at MyIslandDesigns.com,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. My Island Designs reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. My Island Designs may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. My Island Designs may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MyIslandDesigns.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by My Island Designs if you materially breach this Agreement and fail to cure such breach within thirty (30) days from My Island Designs notice to you thereof; provided that, My Island Designs can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. My Island Designs and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither My Island Designs nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will My Island Designs, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to My Island Designs under this agreement during the twelve (12) month period prior to the cause of action. My Island Designs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless My Island Designs, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between My Island Designs and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of My Island Designs, or by the posting by My Island Designs of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Brevard County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Merritt Island, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; My Island Designs may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Website Design Client Contract Terms
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You will give us the assets and information we tell you we need to complete the project. You will do this when we ask and provide it in the formats we need. You will review our work, provide feedback and approval promptly too. Deadlines work two ways, so you will also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We have the experience and ability to do everything we have agreed with you, and we will do it all in a professional and timely manner. We will endeavor to meet every deadline that’s set and on top of that, we will maintain the confidentiality of everything you give us.
Getting down to the nitty-gritty
We create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs interactively and use WordPress predominantly as a CMS or Bootstrap, HTML and CSS so we will not waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (color, texture, and typography.) We call that ‘atmosphere.’
You will have plenty of opportunities to review our work and provide feedback. We will develop the site on your server or our test server, and we will provide regular, possibly daily contact. If at any stage, you are not happy with the direction our work is taking, you will pay us in full for everything we have produced until that point and cancel this contract.
Unless agreed upon, we are not responsible for inputting text or images into your content management system or creating every page on your website. We provide professional copy writing and editing services, so if you would like us to create new content or input content for you other than what is specified in this contract, we can provide a separate estimate for that.
Graphics and photographs
You should supply graphic files in an editable, vector digital format if possible. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you would like us to search for photographs for you, we can provide a separate estimate for that.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
Desktop browser testing
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We will also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We would not test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
Testing using popular smaller screen devices is essential in ensuring that a person’s experience is appropriate to the capabilities of the device they are using. We test our designs using: Apple iPhone 4, 5, 6, 6plus, 7, 8, iPad, Android tablets, Android smartphones and other Emulators that constitute the vast majority of modern devices.
We will not test in Opera Mini, specific Android devices, Windows or other mobile browsers unless we agree separately. If you need us to test using these, we can provide a separate estimate for that.
We are not a website hosting company, so we do not offer support for website hosting, email or other services relating to hosting. You may already have professional hosting, and you might even manage that hosting in-house; if you do, great. If you do not have an account, we can recommend a hosting provider.
We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you unless otherwise agreed upon.
Search engine optimization (SEO)
All web pages we create are optimized using our understanding of best practices. However, we do not guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines.
Changes and revisions
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We do not want to limit your ability to change your mind. The price at the beginning of this contract is based on the amount of time that we estimate we will need to accomplish everything you have told us you want to achieve, but we are happy to be flexible.
If you want to change your mind or add anything new, that will not be a problem as we will provide a separate estimate for the additional time required to complete the changes or additions requested.
We cannot guarantee that our work will be error-free and so we cannot be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you have advised us of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions. Phew.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you have permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You will own the visual elements that we create for this project. We will give you source files and finished files, and you should keep them somewhere safe as we are not required to keep a copy. You own all elements of text, images, and data you provided unless someone else owns them.
We will own the unique combination of these elements that constitute a complete design and we will license its use to you, exclusively and in perpetuity for this project only unless we agree otherwise.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project in our portfolio and in articles on websites, in magazine articles and books.
It is also agreed that we have the option to place a “designed by” text link in the footer of the website during the design or at any point in the future if we are charged with managing the website on an ongoing basis. This link is to remain active unless the design of the original website is substantially altered or both parties are in agreement to remove the link.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we are also sure you will want to stay friends, you agree to stick tight to the following payment schedule.
FINAL PAYMENT: The remaining balance of all website design projects will be due after all revisions are made or within 30 days of My Island Designs completing our work on the project. It is your responsibility to provide feedback or content in a timely manner to ensure completion of our work and the project occur at the same time. However, it is our intent for you to be satisfied with your project, which is why we are willing to “complete” the project within 180 days of final payment if you provide the required revisions or remaining content during that time.
We may issue invoices in person, by mail or electronically. Payment is due on the date of invoice by credit card, cash, check or money order. All proposals have been quoted in USD and payments in foreign currencies will be made at the equivalent conversion rate at the date the transfer is made.
All checks and money orders must be made payable to our parent company Dragon Artworks LLC. Any check or money order that bounces will be subject to a returned check fee of $25 to $40. We reserve the right to charge interest on all overdue debts at the rate of 20% per month or part of a month.
However, where’s all the horrible small print?
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and does not need to be renewed. If one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious, and this contract is a legal document under exclusive jurisdiction of Brevard County, Florida courts in The United States of America.
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