Purchase Terms & Conditions
THIS AGREEMENT is made on the date of initial payment received
Website Owner, the Client, an individual that has remitted payment; and
Website Designer, Developer, Hosting Provider, as Think Different Designs LLC,
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to provide a contract arrangement under which Think Different Designs LLC will provide one or more services consisting of Website Design, Website Development, Website Hosting / Maintenance services, or other ancillary services on behalf of Client.
WEBSITE DESIGN / DEVELOPMENT PROJECT DESCRIPTION
If Client wishes to hire Think Different Designs LLC to create a new website or modify an existing website, the specific high-level requirements and details are outlined in the written estimate that Think Different Designs LLC has provided to Client prior to executing this agreement and that Client now acknowledges the receipt of by submitting a retainer payment of 25% of the estimated total.
WEBSITE DESIGN / DEVELOPMENT TERMS
Subject to the terms and conditions of this Agreement, Think Different Designs LLC will provide Website Design and/or Development services for Client subject to the following terms:
- Prior to any work beginning, any initial retainer (deposit) payment of 25% of the estimate total has been received.
- An additional payment of 50% of the total is due at clients' first draft review of the website.
- Final balance payment will be due on the day the site goes live into production. This balance may include additional scope items the client agrees upon verbally or in writing, such as paid plugins or additional hours needed, that were not included in the original estimate.
HOSTING / MAINTENANCE TERMS
Subject to the terms and conditions of this Agreement, Think Different Designs LLC will provide Web Hosting and/or Maintenance services for Client subject to the following terms:
Length of Service.
Client agrees to an initial twelve (12) month contractual term of service (“Term”).
Service Start Date.
Payment shall be due in advance of any service provided. Service shall begin upon Think Different Designs LLC receipt of payment for such first Term of service or upon a mutually agreed upon alternate date such as the go-live date for website hosting.
Renewal by Client.
This Agreement will automatically renew for successive twelve (12) month Terms unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to the Client’s account.
HOSTING / MAINTENANCE COST
Cost will be based on the hosting and maintenance plan selected and paid for by the client. Current pricing and plans can be found at: https://thinkdifferentdesigns.com/pricing/
TERMS OF PAYMENT
Terms of payment are due on receipt as of the date of invoice. Payments should be made online via Think Different Design LLC Invoicing system (MasterCard, Visa, American Express, PayPal), unless prior approval for a mail-in check payment.
CONFIDENTIALITY AND PROPRIETARY INFORMATION
During the course of this Agreement, it may be necessary for Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Think Different Designs LLC in order to complete the Website in its final form. Think Different Designs LLC will not share any of this proprietary information at any time, even after the Agreement is fulfilled.
Think Different Designs LLC also will not use any of this proprietary information for their personal benefit at any time, even after the Agreement is fulfilled.
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Think Different Designs LLC program, code or technology delivered to Client or any portion thereof.
Think Different Designs LLC will exercise no control whatsoever over the content of the information passing through the network, email or web site.
DISCLAIMER OF WARRANTIES
Think Different Designs LLC shall create a Website for Client’s purposes and to Client’s specifications.
THINK DIFFERENT DESIGNS DOES NOT REPRESENT OR WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. THINK DIFFERENT DESIGNS LLC HAS NO RESPONSIBILITY TO CLIENT IF THE WEBSITE DOES NOT LEAD TO CLIENT’S DESIRED RESULT(S).
Think Different Designs LLC makes no warranties or representations of any kind, whether expressed or implied for the hosting service it is providing. Think Different Designs LLC also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Think Different Designs LLC is at Client's own risk, and Think Different Designs LLC specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Think Different Designs LLC does not represent guarantees of speed or availability of end-to-end connections. Think Different Designs LLC expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Think Different Designs LLC specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
Client continues to own any and all proprietary information it shares with Think Different Designs LLC during the term of this Agreement for the purposes of the Project. Think Different Designs LLC has no rights to this proprietary information and may not use it except to complete the Project. Upon completion of the Agreement, the Client will own the final website design. Client will have a perpetual, non-exclusive, royalty-free license to use for its business operations anything developed by Think Different Designs and delivered to Client as part of their agreement.
While Think Different Designs LLC will customize Client’s Website to Client’s specifications, Client recognizes that websites generally have a common structure and basis. Think Different Designs LLC continues to own any and all template designs it may have created prior to this Agreement. Think Different Designs LLC will further own any template designs it may create as a result of this Agreement.
Back-end administrative access is limited to the Developer and is protected by two-factor authentication as part of a suite of security measures to protect Client’s website. Learn more.
If Client needs some level of administrative access to edit a limited data set, Client should provide those requirements to Developer before development begins so that the back-end will developed in such a way to provide that level of access to Client.
At no time will Developer provide full administrative access to Client or any 3rd party hired on behalf of the Client. Granting administrator-level access to multiple users can breach licensing agreements, leading to complications or potential legal issues. By maintaining limited access, Developer ensures compliance with licensing terms, preserving the integrity of the tools used in building Client's website.
If Client is working with a 3rd party vendor that needs additional software or code added to the Client’s website, Client should provide permission to the Developer to engage and work with Client’s 3rd party vendor to discuss their needs and determine the appropriate solution for getting the additional software or code added to the Client’s website.
RIGHT TO CLAIM WORK
Think Different Designs LLC has the right to use any screenshots of the Client's website, reviews by Client for Think Different Designs LLC, website project descriptions, or other materials used in connection with this project as a means of self-promotion for Think Different Designs LLC.
A link to Think Different Designs LLC website at https://thinkdifferentdesigns.com will be used in the Client's website footer. Link shown will be consistent with the website design, using the same font size and style as the Client's copyright language, and will appear with the wording "Site by Think Different Designs. " that when clicked would open in a new tab.
Client may choose to negotiate a higher rate for website design if they choose not to have "Site by Think Different Designs. " included on their website.
TRADEMARKS AND COPYRIGHTED MATERIAL
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
THIRD PARTY SOFTWARE LICENSES
Think Different Designs LLC will pay for certain software licenses for the Client’s website as part of a website hosting / maintenance service package agreement. These software licenses remain the property of Think Different Designs LLC at all times. If this agreement is terminated, those software licenses will be removed from the Client's website by Think Different Designs LLC at the termination of the contract. If Client chooses to keep the functionality that those software licenses provide, Client will have to purchase their own software license from the 3rd party vendor(s) as desired and update their website with those licenses after termination of the contract. Standard third party software licenses generally included in the Client's website are: Theme.Co Pro Theme, Imagify Wordpress Plugin, SolidWP Security Pro Wordpress Plugin, UpdraftPlus Premium Wordpress Plugin, and others based on functionality needed.
COMPLIANCE WITH APPLICABLE LAWS
Client acknowledges that it is solely responsible for its compliance with all ADA standards, laws, and regulations applicable to its website and has read the associated DISCLAIMER OF LIABILITY FOR NON-UTILIZATION OF ADA COMPLIANCE SOFTWARE located at https://thinkdifferentdesigns.com/privacy-terms/.
CANCELLATION AND REFUND POLICY
This cancellation and refund policy is applicable to all website design, development, hosting, or any other services provided under the brand name Think Different Designs or Think Different Designs LLC.
Project Termination by Think Different Designs
Think Different Designs LLC may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events without any prior notice:
- Failure to comply with any provisions of the Agreement upon receipt of written notice from Think Different Designs LLC of said failure,
- Appointment of Receiver or upon the filing of any application by Client seeking relief from creditors,
- Upon mutual agreement in writing of Think Different Designs LLC and Client.
Project Termination by Client
Any request for the termination of a service by the client should be placed in writing through email and will be effective within 30 days on receipt of such notice. Termination requests placed through telephone, text messaging, WhatsApp, Skype or other modes of communication will not be honored unless confirmed in writing.
Payments for website design and/or development projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by Think Different Designs LLC and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $200 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
Account Termination for Violation of these Terms
Think Different Designs LLC reserves the right to disable and/or terminate a user’s account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold Think Different Designs LLC harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Think Different Designs LLC directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
LEGAL AND BINDING AGREEMENT
This Agreement is legal and binding between Think Different Designs LLC and the Client as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida where Think Different Designs LLC is headquartered. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
This agreement is considered dated and approved by Think Different Designs LLC at presentation of invoice or estimate for services. This agreement is considered dated and approved by Client upon delivery of payment for agreed upon services to Think Different Designs LLC.