Silvester Design Terms of Service
Last Revised: July 4, 2019
Hey! Welcome to Silvester Design Terms of Service, can't wait to get started! Thanks for choosing us!
This policy outlines important legal terms that apply to anyone who visits our website or uses any of our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.
By accessing or using our website or any of our services, you acknowledge that you have read this Terms of Service.
Silvesterdesign.com is a Free-lance Design company, who offers a wide range of different services including website design on the WIX Platform, Brand Design, Technical Services and more.
The Client (hereinafter referred to as 'Client') 'Requests for a Quote" for a specific service of purpose of developing their website, brand or service (hereinafter referred to as 'Product').
Our services offer our Clients the ability to easily create beautiful and highly functional online and offline presence, to manage and promote businesses, content and ideas.
As detailed below, we offer our Clients and users numerous tools and features for creating, publishing and using their stunning products.
2. Legal Agreement
2.1 The Legal Agreement
By visiting our website or using our Client Portal Services, you are entering into a legal agreement with us, consisting of these Terms of Service, and our additional services’ legal terms.
The Silvester Design Terms constitute a binding and enforceable legal contract between Silvester Design and you.
You may visit and/or use Silvester Design Services only if you fully agree to the Silvester Design Terms. If you do not read, fully understand and agree to the Silvester Design Terms, you must immediately leave our website and avoid or discontinue all use of the Silvester Design Services.
3. User Accounts
3.1 Client Portal Access
In order to access and use certain sections and features of the Silvester Design Services, you must first register and create an account with Silvester Design, or be added via an admin of your company via the Client Portal Team Members area (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Silvester Design Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorised by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the Silvester Design Client Portal, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own or ensure that the company's contact and billing details, including your valid e-mail address are as accurate as possible, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership.
3.2 Client Portal Access for Quotes
When you request for a quote you will be automatically added to our Client Portal Area. You will receive an automated email. On first time of login in, we strongly recommend that you change your password from the temporary to a more secure password.
3. Development of your Product
3.1 Website Development
Your Website Product will be developed using the Cloud based WIX HTML5 Editor, Apps available at WIX platform and WIX Webmaster Tools. Additional services maybe used in the creation process.
3.2 Brand Design
Your Brand Product will be developed using Adobe Photoshop, Illustrator or other design products. Additional services maybe used in the creation process.
3.3 Responsibility of Development
Silvesterdesign.com will make reasonable efforts to create and develop a fully functioning product, our warranty does not cover out of date browsers, devices or any special effects that we have advised you against. Silvester Design is not responsible for outage of service either from Website Products or Technical Systems caused by glitches/issues with the website or any web application hosting company. Silvester Design will not reimburse any business for any losses during a website or any web application outage, in any circumstances.
Silvesterdesign.com without sacrificing quality and/or design, we try to ensure that the content and functions we build or design into your products are available to all visitors or public members.
3.4 Assignment of Product
Silvesterdesign.com reserves the right, and you hereby agree, to assign qualified subcontractors to this Product to ensure that the terms of this agreement are met by the required deadline.
3.5 Product related services
The Client understands that silvesterdesign.com does not provide or own their own website or web application hosting services in connection with any product. Hosting services require a separate contract with the website and any web applications services. The Client will be solely responsible for any and all hosting service charges, Including any paid web applications. Full listings of subscriptions invoices and contracts can be found within the Client Portal Area.
4. Copyright, Trademarks & e-Commerce Laws
4.1 Client Agreement
The Client unconditionally guarantees that any elements of text, graphics, photos, videos, logos, designs, trademarks, or other artwork furnished to silvesterdesign.com and for inclusion in the product is 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 silvesterdesign.com and its subcontractors 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.
The Client agrees to provide content to silvesterdesign.com that does not infringe upon any company. The Client also agrees to never upload copyrighted content onto their product or Digital Library, even after initial production, unless permission from rightful owner is given.
4.3 e-Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the silvesterdesign.com or any other services contemplated herein, and will hold harmless, protect, and defend silvesterdesign.com and its subcontractors from any claim, suit, penalty, tax, fine or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
5.1 Payments to Silvester Design
Payments must be made promptly based on the terms of the Product. All payments are to be made immediately. In case collection proves necessary, the Client agrees to pay all fees incurred by that process.
5.2 Payment Schedules
Payment for services provided hereby shall be made in accordance with the conditions contained in Product contract and the Quote Price.
Services and subscriptions that are up for renewal, clients will be informed up to 6 weeks prior payment date to ensure Payment and Billing Details are accurate.
On near product completion, the Client will need to complete any Fixed Fee Payments that are required to allow the product to go live. Note that Fixed Fee Payment's must be paid in full up front, no payment plans are available to cover the costs.
Silvesterdesign.com payment plans are agreed upon contract with each Product. Please refer to the term of that contract for payment information.
6. Promotion of Work
6.1 Displaying Work
silvesterdesign.com reserves all the rights to display all aspects of creative work and Products in their portfolios, website, articles, books, magazines or in social media.
For Web based products they must abide by allowing silvesterdesign.com to have their name and and linked button to their website.
7. Legal Notice & Agreement
7.1 Legal Notice
Notwithstanding anything to the contrary contained in any Product contract, neither silvesterdesign.com nor any of its employees or agents, warrants that the functions contained in the Product will be uninterrupted or error free. The entire risk as to the quality and performance of the Product is with the Client.
In no event will silvesterdesign.com be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate any Product we create, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software or any web application, even if silvesterdesign.com has been advised of the possibility of such damage.
Upon acceptance, Client agree to the terms, conditions and stipulations of an agreement on behalf of his or her organisation or business.
Any agreement begins with the first non-refundable initial deposit or full payment and constitutes the entire understanding of the parties. Any changes or modifications thereof must be in writing and agreed by both parties. Any changes made to agreements will be located on Silvester Design Client Portal.