Terms of Service
AquaBoogie Design Studio requires that you read and agree to the following terms in order for us to work with you. These terms apply before and during project development, in addition to any and all project agreements. Terms subject to change at any time without notice.
If you have any questions regarding these terms, please call 703.986.3368.
SERVICE & SATISFACTION
AquaBoogie is committed to provide you professional service, efficient communication, and product satisfaction. We want you to be 100% satisfied with your final product, and we will work with you until you are 100% pleased. Because of this, all payments/deposits are non-refundable. We do not complete speculative work. Each web project is custom designed to work on the most current and popular web browsers (such as IE7, Firefox, Opera and Safari) using valid CSS/XHTML markup. If you are using an old browser, it is suggested that you upgrade immediately.
PRODUCT DETAIL & COMMUNICATION
It is extremely important that you are crystal clear with your needs so that you are quoted accurately and your needs are met as accurately as possible. All written content to be applied to your page must be provided. Please be as detailed as you possibly can. This is very important to ensure your product satisfaction. E-mail communication is preferred so that both parties keep a record of all correspondence to avoid potential issues and miscommunication. It is the responsibility of the client to clarify all possible confusion to avoid miscommunication. If you do not understand something, please ask us to further explain. Please allow us up to 24 hours to respond to your e-mail. Telephone communication is available during business hours.
DESIGN PROCESS, DEADLINES & TURNAROUND TIME
AquaBoogie will work hard to meet your estimated deadline, but there are no absolute guarantees. Please be aware that many projects can take weeks to be completed, depending on the complexity of your request, and overall workload. The sooner you provide us with all needed content/pictures/details etc. necessary to complete the project, the sooner you will receive your project. We work as fast as you do. Communication is absolutely crucial and imperative in the speed of delivery of your project.
Our 5-step design process is as follows:
1. After initial deposit, we begin creating a mockup of your site.
2. The mock is sent to you and you approve or disapprove it. We work on mockups until you are absolutely happy because the mockup is exactly how your website will look.
3. Final revisions to the initial mockup are requested and produced, and we then begin to build your site.
4. Your site is built and coded according to web-standards and presented to you in a rough draft format. At this stage you will submit all revisions based on text/verbiage and any and all graphics within the site itself, not the layout.
5. Revisions are made and your site goes live.
Because AquaBoogie is an extremely busy freelance design firm with many other clients, it is the responsibility of each client to maintain constant communication, as we provide service on a first come-first serve basis. Please consider our workload at all times. If you need a project completed that will require us to put all other projects on hold, a RUSH and/or INCONVENIENCE FEE will be applied (see #8 for details). This will be quoted to you individually. AquaBoogie’s normal business hours are listed on the “About” page of the website.
PAYMENT SCHEDULES/PLANS
Client is entitled to set up a payment plan with us, as long as it is reasonable for both parties, and is honored 100%. We typically require a 50% non-refundable deposit of the project total before we start work. This percentage only applies to web/MySpace design and development. For some projects we are flexible and offer 3 different payment plans that will be explained to you on an individual basis.
Each deposit is non-refundable. We start your project as soon as the first deposit is made and all necessary materials/content is sent to us. Each deposit dictates the progression of your project. If you hold off on, for example, the second payment, your project will be delayed because we will not be able to move onto the next step.
For all graphic design projects, if the total amount is under $300, we require the full amount to be paid up-front. Any graphic design project over $300, we will set up a payment plan with you individually.
REFUND POLICY
AquaBoogie will issue a refund of the most recent deposit tendered if held accountable for delay of completed project after 30 days of last deposit and AquaBoogie is completely unreachable. For example, if the client sends in a second payment of 30% (or $500), and we're completely unreachable for 30 days, we will refund client that 30% (or $500). Again, this is because each payment dictates the progression of each step in this design process.
Such delays could be a result of, for example, personal crisis, illness, family emergency, death, etc. Client will be notified immediately of such delay beforehand if possible. This policy only applies if AquaBoogie is 100% unreachable for 30 days. If client is causing delay of project, this policy will not apply, and no refund will be issued.
DESIGN CREDIT
AquaBoogie reserves the right to place a link on a client’s website, and/or the official AquaBoogie logo on a particular graphic design piece. We will always ensure that if our logo is placed on your design or website that it will compliment your design. Removal of our link/credit is unacceptable and voids your project agreement. If you'd like to pay extra to not have our logo/credit link placed on your work, we will quote you individually. We reserve the right to display all works in our portfolio.
MAINTENANCE FEES & PAYMENT
Maintenance fees vary upon the project and are applied for web, graphic, and multimedia/flash updates. A one hour minimum is pushed for all maintenance fees. After the one hour minimum, times/fees are incremented. Please follow the conversion chart posted on our website for more details. For your convenience, we will send you the lowest estimate for your particular project. You are to pay the estimate up front in full. In the event that we underestimate the time spent on your project, we will notify you before we have to proceed. You have the right ask us to stop if you do not want to go over the estimated time. In the event we proceed with your project upon your approval, you are required to pay the remaining balance in full within 72 hours or 3 (three) full business days. AquaBoogie reserves the right to forfeit any work that hasn't been paid under these conditions.
RUSH & INCONVENIENCE FEES
All Rush and Inconvenience fees vary upon the project. Inconvenience fees are usually applied to work that is already 80%-100% produced, with us having to reproduce any initial mockup(s) per client request. Websites and MySpace sites that are completed from our end and then requested to change fully, will incur an inconvenience fee. Project fees will be increased between 50%-75%. AquaBoogie will determine the exact price of these fees and the deadline for payment. Client is responsible for paying these fees in accordance with the agreement made. AquaBoogie reserves the right to forfeit any work that hasn't been paid under these conditions.
Please consider that with any rushed deadline, you are forcing us to put other projects on hold to accommodate to your needs, which also causes an inconvenience for established clients. Rushed work comes with risks. Your project quality may not be up to par due to the limited time for creativity, which we always pride ourselves on. We have the right to reject any rushed project if we feel it will risk the integrity and quality of our performance.
HOSTING FEES
We provide web hosting for $100 for one full year. You will receive [specified amount of] server space and bandwidth each month for one year (12 months). Due to this extremely low price, you cannot opt to pay per month with this particular deal. Your payment must be received in full. Please contact us for more information.
PAYMENT METHOD
AquaBoogie accepts all major credit cards, bank transfers and e-checks (electronic checks) via Paypal. Please note e-checks take between 3-5 business days to clear and we will not start your project until payment is 100% cleared. All other methods of payments are instant. You do not need to have a Paypal account to make payments. We do not accept any other gateway of payment. If this is a problem, please contact us first.
We will send you an invoice for the remaining amount of your project. You are required to pay your final invoice within 10 days from receipt.
FAILURE TO PAY/OTHER LEGALITIES
AquaBoogie reserves the right to withhold any and all works until 100% of invoice is paid in full. Failure to pay will result in complete loss of work performed after any initial invoice. A 10% interest fee will be applied to any and/or all individual projects every 30 days of non-payment. Further details will be explained on your individual project agreement, which will be sent to you via fax. AquaBoogie reserves the right to terminate a project at any time.
AquaBoogie has the right to pursue legal action in an attempt to collect outstanding debts. Unprofessional conduct (including harassment, profanity, discrimination, threats of any kind, slander and any other unethical behavior) can and will result in complete forfeit of project and refunds. Failure to comply with each term of service can result in pursuance of legal action, as e-mail correspondence is also a legally binding contract.
These Terms are enforced with each individual project.
*AquaBoogie Design Studio creates designs for ALL types of clientele, some of an "adult" nature. If any of our work may be deemed offensive by the viewing public, a warning will appear next to the project. We are not responsible for any repercussions you may endure by viewing some of our work at your job location/school/public setting. Please honor and respect any and all warnings, if applicable. Thank you.
*Enter keyword "abqr06" (WITHOUT quotes) on the Quote Request form, to prove that you've read the Terms of Service. We look forward to working with you.
Office: 703.986.3368
