General Policies, Procedures, and Terms of Service

I. POLICIES REGARDING PAYMENTS

PayPal, Bill Me Later, and all major credit cards are accepted. {View Payment Instructions} Credit/debit card payments can be completed online or over the phone during regular business hours.

If you choose our installment plan, we will generate an itemized invoice which will be sent to the email address we have on file for you. Your initial invoice will be for 65% or $300 of the total cost of your design and development package, whichever is greater. Balances under $300 are not eligible for installments. Alternate installment agreements are available and determined on a case-by-case basis.

Hosting packages are available in quarterly, semiannual or annual billing frequencies. Enterprise clients are eligible for monthly billing with automatic debit ONLY.

Effective June 1, 2012, all electronic invoices will include a 3% payment processing fee. Processing fees are nonrefundable.

PLEASE NOTE:
  • ONLY the amount of your design and development costs are eligible for installment payments. Any additional components which require us to pay up-front costs on your behalf such as hosting provided by a third party (this does not apply to hosting secured through eDP Hosting and Administration), domain registration, printing, and other services or add-ons that are obtained for a fee MUST be paid at the same time your deposit is remitted.
  • ALL sale items are generally invoiced for the full balance. In the event that you choose an installment plan, note that the project balance must be paid in full prior to the end of the sale period or you will be billed for the remainder of the regularly priced package.

II. SATISFACTION GUARANTEE & REFUND POLICY

We pride ourselves on maintaining 100% customer satisfaction. eDesign-Pro operates with the mindset that our work is not finished until you are happy with the end result. However, once a draft has been previewed and approved, there will be additional fees assessed on an hourly and/or flat-rate basis for any subsequent revisions. We do not accept liability for preference changes subsequent to approval. Due to the nature of our work, absolutely NO refunds will be issued once a design, technical assistance, or migration project has begun! Refunds prior to the start of the project must be requested within 10 business days of securing the project and are at the sole discretion of our design team. All approved refunds are subject to the following stipulations:

  1. Refunds are processed within 18 days of the termination of the project and funds are returned by the 21st day following termination.
  2. Service contracts terminated by the client may be subject to the assessment of a 25% cancellation fee.
  3. Prorated portions of unused hosting packages terminated within 30 days of account initiation will be refunded to the client according to defined policies.
  4. Prorated portions of unused hosting packages terminated more than 30 days from the date of account initiation are only refunded to the client if the move is due to excessive server-related issues (more than 3 occurrences within 1 year of less than 99% uptime in a rolling 30 day period). Terminating a hosting package more than 30 days from the date of account initiation due to preference without any fault or breach on behalf of eDesign-Pro will result in a prorated no-cash-value credit being issued to the account which can be used toward other services. Credits issued contain no restrictions and can be applied toward any service.
  5. Hosting service refunds/credits are prorated from the start of the next monthly billing cycle following account termination. All promotional discounts and included services (such as migration) will be forfeited if the account is terminated prior to the end of the designated hosting cycle. Migration and other prorated service fees will be deducted from the refund or credit issued.
  6. If a hosting account is terminated due to repeated or intentional terms of service violations, no refund or credit of any kind will be issued. We are not required to provide advanced warning for termination due to intentional terms of service violations. Unintentional terms of service violations due to events beyond client control such as account hacks, malware, and similar methods of without-knowledge manipulation or abuse of server processes will not result in immediate suspension or termination without warning.

III. CREDIBILITY AND REPUTATION

We understand your concerns and expect that each of our clients is searching for a reputable company with which to do business. It is crucial to your peace of mind to know that you are dealing with professionals who take your project seriously. Because of this, our project history is open to each of our prospective clients. Not only do we encourage you to check out our background — we fully expect it! If at any time prior to the start of your design you would like to contact one of our previous clients for a reference, feel free to request that information from us. Ask around — we are confident that what you will find will be to your liking! Our Facebook page contains open public ratings, reviews, and recommendations posted by those who have worked with us as well.

IV. USE OF CUSTOM WORKS

While we prefer that our designs not be deviated from, we understand that our clients may want a change of scenery from time to time. You are more than welcome to tweak your site to your heart’s content. Please be mindful, however, that we are not liable for any mishaps that result from modifications you perform. As such, there will be a fee if those mishaps require our attention to correct. Designs that have been developed for a specific website cannot, wholly or in part, be used on other websites or in printed materials without prior express written consent. Graphics created by eDesign-Pro are not to be modified or integrated into any form of online or print media without express written consent. High resolution graphics must be specifically requested if desired; by default, graphics are optimized for web use only. Credits in the website footer should be modified to reflect the portion of the retained work that was completed by our company.

V. DISCLOSURE AND CREDITS

Your website and/or blog will reflect a hyperlinked disclosure crediting our firm for the work performed. This will not have a prominent placement on your blog and will typically be located in small print at the bottom of the page in your website (or the footer of your blog). Without purchasing a disclosure waiver for 35% of the total initial cost of your project, this hyperlink should not be removed. Redesigns performed utilizing elements of designs created by eDesign-Pro Company are acceptable provided that no graphic is modified without consent and the use of such works must be clearly credited. If you have any questions regarding this requirement, please contact us in advance so that our staff may advise you on this issue. You may replace the destination URL with your affiliate link if you have signed up for the program in order to gain credit from your website visitors toward your referral bonus balance for payout.

VI. PROCEDURES

Once your initial inquiry is received and processed, a representative will contact you for a personal consultation. Consultations are generally done via email for the purpose of preserving a written record to refer back to if necessary. After obtaining the information we need to begin your project, you will be given the option to pay your account in full or in two separate installments if your project qualifies based on the payment agreement and guidelines set forth in our terms. First-time clients are encouraged to satisfy the full amount of their initial invoice although, as a requirement this is considered on a case-by-case basis.

Design projects are completed in three phases:

  1. Consultation Phase: You will be allowed as many consultations as needed. We pride ourselves on being able to create lasting relationships with our clients and ensuring that our customers can trust that we will go the extra mile to do everything it takes to make them happy! We will gladly and thoroughly answer any questions that arise during the course of the execution of your project as they relate to the project itself. If you require instruction on how to navigate platforms, operate the basic functions of a blog, or similar tasks, support can be provided to you for our regular non-project-related hourly consultation fee. In such cases, please request a separate quote.
  2. Design Phase: This phase is where we work together with you to ensure that your final product exceeds all your expectations. We are excited to be involved in providing your business (or your personal online presence) with the edge that a professionally established web site can supply at a price that allows any allotted budget to afford all the necessary extras! Once the design has been completed you will receive an email confirmation with a link for you to view and approve your project.
    REVISIONS: While we strive to make each of our clients happy, there sometimes comes a point where we must limit the number of revisions in a project. Weighing the value of the project against the value of our time, we will notify you if we are reaching a point where limitations will be set. Once we have surpassed an acceptable number of revisions set by the discretion of the designer assigned to your project (generally up to five revisions will be included), modifications will be performed at our normal hourly rate or negotiated at a flat-rate. Typically this applies to clients who require a theme or color scheme change after customization has been completed to the specifications provided in the initial questionnaire. Whether or not excessive revisions are billed is completely dependent on the project specifications and the circumstances that contribute to the necessity of additional revisions.
  3. Development Phase: Once we receive your approval, we will begin finalization of your project. You will receive a final invoice for the remaining balance – if any – which is due prior to completion. There will be no revisions after approval has been submitted without the assessment of hourly or flat-rate fees. Once your project reaches development, there will be additional fees for modifications depending on how much of the project has been completed. In certain cases, extreme modifications may require the client to request an entirely new quote.

VII. TIMEFRAME AND COMMUNICATION

You will be given a scheduled start date upon securing your project by deposit or full payment. We do not provide a projected end date on design projects as each project is different and the finalization is contingent upon how many draft revisions are required to get an approval. On non-design projects, you may be provided a projected end date upon request. All server migration projects will be assigned a deadline for completion.

If we are forced into downtime on normally-scheduled projects due to excessive “hold time” as we wait on a client to view and accept or decline particular elements or provide information relating to the project, the result could possibly be an automatic extension on the project by placing the project back into the design queue and moving on to other clients. Generally, after five consecutive business days of non-communication, the project is considered stale. If this happens, the project will be removed from the active schedule and reprocessed through the pending queue.

Depending on your project type and our current workload, we sometimes accept “rush” projects for a surcharge of 25% of the project total. In these cases, you will be quoted a time frame and provided with a target completion date. Failure to meet that date will only result in a refund of all or a portion of the rush fee if the delays were the sole responsibility of our staff.

VIII. RELEASE OF INFORMATION

Most of our contracts require a significant amount of secure information such as login credentials and often even access to financial services such as PayPal. Your privacy is of the utmost importance to us and your information is never released to any independent contractor on our team. All sensitive information remains accessible by ONLY Kathleen J Robertson throughout the duration of the project. You are welcome to set temporary passwords; however, if they are modified prior to project completion, we will not be held responsible for our inability to fulfill the obligations set forth in our service contract. Limiting the tools necessary for us to complete our work will NOT entitle you to a refund of any amount. If limited access results in project delays, our stale project terms will apply as described in Section 7 (VII).

IX. SCOPE OF SERVICES

NON-HOSTING SERVICES:
Services provided are to encompass any and all skills, resources, and/or technologies required in order to design and develop requested features and modifications for each desired project.

Training and Post-Completion Support: Instruction relating to the services provided will be fully communicated prior to project completion. All supportive documentation included with any web-based application, plug-in, extension, or integrated component will be provided to the client. A maximum of three (3) support tickets directly relating to the services provided will be included under your project contract. Once this limit has been exhausted, support packages are available for a fee.

HOSTING SERVICES:
Services provided are to encompass any and all technologies required in order to support the successful operation of web hosting resources. No services are implied to be included in any hosting packages which are not essential to specified operations. Technical support for non-server or hosting account related requests will be billed according to our current rate at the time of inquiry.

Support tickets should be generated via the client billing portal and are handled by level of urgency/importance, then in chronological order as they are received.

X. WEB HOSTING SERVICES

If you are found to be in violation of any of the terms of service we will do our best to help you get back in compliance. Accounts found to be engaging in activity which is considered illegal in nature will be terminated immediately without notice. Account violating terms of service which do not violate any local, state or federal laws will never be suspended or terminated without us first making every attempt at working with you to get back on track!

  1. Our servers are not to be used in any form or fashion to house any script, documentation, instruction, imagery or website that engages in, encourages, informs or facilitates ANY type of illegal activity. This is the one and only violation that will result in immediate suspension and/or termination of your account.
  2. Our servers do not serve as a file backup system. Your web storage is meant to be purchased solely for the purpose of supporting the files necessary for the operation of your website(s). Images, files, attachments, and other forms of multimedia are acceptable in any capacity so long as they are directly associated with your website and do not exceed your plan’s allotment. Excessive use of web storage for purposes unrelated to website hosting will not be tolerated.
  3. Do not send spam, host or distribute malware, or knowingly and willingly engage in practices that are meant to hack or compromise the security of any website, on or off of our server. Engaging in malicious activity will result in at least temporary suspension of your account. As detailed in Section II(6) this does NOT apply to clients who become the victims of hacking or other malicious attacks. We will perform a full scan and sweep as well as working with you to regain the security of your account and take steps to maintain the integrity of your files and databases.
  4. Each hosting tier has its own specific resource allotment. A client will be permitted to remain on their current tier as long as they do not utilize over 125% of their resources more than three months during any 12 month rotating period. Accounts are reviewed regularly on a schedule dictated by eDesign-Pro and clients will be notified if upgrades are necessary upon review. Tier specifications are general guidelines based on averages. Excessive memory and CPU resource usage will result in upgrade requirements on accounts which may or may not exceed the allotments listed above. By using our service, you agree to undergo periodic, automatic plan upgrades as your account’s resource requirements increase.
  5. We support the protection of intellectual property. Your account may become subject to suspension and/or termination according to jurisdictional laws which govern online use of copyrighted content in the event that a trademark claim is filed against you for violation of a valid, registered trademark or service mark or if your account is found to be engaged in the practice of duplicating content proven to be lifted from a website not owned or operated by you or your agent.
  6. 99% Uptime Guarantee: If your account is inaccessible for more than 1% of any rolling 30-day period, you will automatically receive credit to your account equal to one month of service. No questions asked, no catches. You are not responsible for requesting these credits nor are you responsible for tracking downtime.
  7. Make sure that your client billing portal account always has an active, up to date email address associated with it. We will not be held accountable for loss of data resulting from termination of your account due to nonpayment if we are unable to deliver your invoices. It is your responsibility to know when your account is due for renewal and to ensure that renewal occurs within 10 days of your account’s expiration. If you need additional time to satisfy a balance on your account, contact us to request an extension or alternate arrangement!
  8. All annual packages include cPanel migration to our servers from any hosting provider at no cost to you. Non-annual packages include cPanel migration for a flat fee of $25. Manual migration for non-cPanel accounts are billed at a rate of $25 for the first gigabyte and $10 per additional gigabyte transferred. Please be advised that we do not guarantee the transfer of email for ANY migration, although typically there will be no email loss in cPanel migrations. If for any reason a cPanel migration fails, manual migration rates will apply with the first gigabyte free.
  9. Cancellation of services more 60 days after purchase will not be eligible for refund of fees paid unless termination is due to excessive server outage as defined in section II(3). You may, however, receive account credit for other services provided by eDP Admin and/or eDesign-Pro Company. Refunds are processed within 18 days of the termination of the account and funds are returned by the 21st day following termination. Cancellations will be processed 24 hours following the request and refunds will be prorated from the start of the next billing cycle. NOTE: Only first-time accounts are eligible for a refund. ANY violation our Terms of Service will waive your refund eligibility.
  10. We reserve the right to modify our rates at our discretion. In the event that your package or plan rate changes, you will be notified in writing within 14 business days. If you have purchased a package with a locked-in rate, the new rate will become effective upon expiration of your guaranteed rate plan. Exceeding tier allotments waives our responsibility to honor any initially purchased rate. Upon upgrading hosting tiers, you will be assessed the current rate.
  11. Clients with WordPress-powered websites are required to keep the platform version as well as all themes and plugins up to date to ensure the security and integrity of each installation and the server they are housed on. Clients are also to remain aware of and adhere to the banned plugin rules which are updated periodically.

XI. WORDPRESS MAINTENANCE SERVICES

This service includes all of the following for up to four installations on hosting client accounts and per installation on each package for non-hosting clients:

  • Theme Updates: All auto updates will be processed weekly. If your theme requires manual updating to maintain customizations, there will be a minimum $25 surcharge billed to your account for each manual update.
  • Plugin Updates: All updates will be processed weekly. We must have on file any login credentials necessary to download package updates for premium plugins. Plugins available in the WordPress repository will be updated automatically. Premium plugins not covered by auto update through API will be updated manually at no additional charge.
  • WordPress Platform Updates: All auto updates will be processed weekly. Manual updates are included if your host requires it.
  • Database Optimization: Similar to defragmenting your computer’s hard drive, this helps your data to be processed more efficiently for smoother operation and faster load times.
  • Spam Comment Deletion: You may opt out of this if you prefer to manually delete comments marked as spam. If you currently do not have spam detection installed, we will activate it for you at no additional cost.
  • Post Revision Removal: We leave behind only the three most recent post revisions to free up server space while maintaining your ability to revert to previous versions of all your articles.
  • Support for conflicts: Any issues that arise as a direct result of your scheduled updates due to file corruption or unstable scripting will be resolved at no additional cost to you.

All services and prices related to the WordPress maintenance package are subject to periodic modification at the discretion of eDesign-Pro. WordPress Maintenance is a subscription service. Once subscribed, no refund will be issued for cancellation. Termination will occur on the renewal date and updates will continue until termination unless otherwise requested.

XII. CLIENT RESPONSIBILITY

All projects require client involvement as well as a client’s staff/team if applicable. Its success is ultimately dependent on the effort you put forth in prompt provision of information relating to preferences and necessary elements. 2 business days are allowed for information requests; it will be your responsibility to respond quickly and completely as delays in correspondence will result in project delays and modification of any proposed completion date and/or “milestone” deadlines for the duration of the project. Design projects are set to the back of the processing queue after seven days of non-communication after an informational request or submission of draft for approval. Please note, business hours are Monday through Friday, 9:30am – 4pm EST.

XIII. CONFIDENTIALITY STATEMENT

The content contained within project proposals, emails, estimates/quotes, and other forms of communications is property of eDesign-Pro Company and Robertson Enterprises. The information provided is not intended for review by anyone other than the client with exception of parties holding direct interest in the specified project including its affiliates and/or subsidiaries.

XIV. AGREEMENT TO TERMS

Please complete the form below accepting the terms listed herein. A copy of the terms as they appear currently will be emailed to you along with your proof of acceptance. This ensures that you are aware of the terms as they were presented to you in case the published terms change during the course of your project. Depending on the services you have contracted through eDesign-Pro Company, you may receive a supplementary set of Terms. Conditions in one set do not nullify your responsibility to the terms contained in the other. Upon completing the form below, your IP will be captured and the information provided will serve as a digital signature for your project contract. The invoice number field can be populated with your quote, estimate, or reference number if applicable. No project will be placed in the design queue without first having confirmation of the client’s intent to adhere to our terms via digital signature by completing the form below.

NOTE: ACCEPTANCE OF THESE TERMS BY A CLIENT FOR ONE PROJECT WILL SERVE AS PROOF OF ACCEPTANCE FOR SUBSEQUENT PROJECTS AS LONG AS THE TERMS REMAIN UNCHANGED. These terms are subject to change at our discretion. Hosting clients will receive notification to review any significant changes to the terms via email. Non-hosting clients will adhere to the terms agreed to for the duration of any single project. Subsequent projects will be subject to revised terms. Continuity of service more than 30 days after notification of an update to our service agreement expresses acknowledgment of newly stated terms.

LAST UPDATED FRIDAY, MARCH 17, 2014.

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Today's Date (required): (Format: 01/01/2014)

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 I agree to the terms of service as they have been presented. I understand that a copy of the terms agreement will be sent to tos@edesign-pro.com with my IP address and entered data as confirmation of my full intent to adhere to the terms as they appear on this date.

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