Service Agreement

Wild Glow Service Agreement

At Wild Glow, we are happy to provide you with a variety of design services. As our Contract projects are governed by specific terms and conditions, so too are our hourly, monthly, and other services governed by this Service Agreement. Please review these terms, as well as our Privacy Policy and Terms of Use, as these terms will apply to any work we do together, as well as your visit to this website. Thank you kindly for your attention.

Your Responsibilities

As our customer, you have the power and ability to enter into this agreement on behalf of your person, company, or organization. You agree to fulfill your responsibilities within this project and see it through to completion within the time agreed upon. You agree to be bound by the deadlines and project timeline we set together, meaning you will provide your content, images, feedback, revisions, and/or approval in a timely manner, and adhere to the payment schedule we agree upon (if applicable). You understand that if the project is delayed due to delays in delivery of any of said content, we may not be immediately available to resume the project due to our work with other clients. However we will always do our best to accommodate.

Once your site has been launched, or other product has been released, you are responsible for its maintenance, unless you choose to engage us for one of our website maintenance plans. Websites need to be maintained, with regular software updates and security precautions, so we cannot be held responsible for problems with or errors on the website if you do not keep it maintained. We offer website maintenance through this website that you can purchase if you are interested which provides peace of mind that your website is in good hands.

You are also responsible for coordinating with third-parties other than us, including the creation of third-party accounts and payment for their services. Websites require web hosting, domain registration, and a variety of other services in order to function properly, and the upkeep and renewal of those services is your responsibility unless otherwise agreed upon.

Our Responsibilities

We have the experience and ability to perform the services you need from us, and we agree to do so in a professional and timely manner. While we cannot make specific guarantees about website performance, search engine ranking or other metrics, we always strive to provide the best quality service, and we will only take on your project if we feel our services will be beneficial to you. We will endeavor to meet all the deadlines we’ve set, and will work expediently towards the completion of the project. However please remember, we cannot be held responsible for missed deadlines or launch dates if you have been late in supplying content or providing feedback or approval at any stage in the process.

We will always strive to safeguard the privacy of your personal data and accounts. If you have hired us to maintain your website, we will do our best to safeguard the security and integrity of your website. We also agree to maintain the confidentiality of any information you provide us with.

Relationship of the Parties

Wild Glow is being hired as an Independent Contractor, and not as an employee or company affiliated with you. This agreement does not constitute a partnership, joint venture, or work-for-hire.

We reserve the right to contract third-party designers or other service providers as independent contractors for work in this project, however these third-party agents will also be bound by the conditions of this agreement.

Scope of our Work

Depending on the nature of a project, we may agree to the scope and price of the project in advance, or leave it open-ended as in hourly work.

When engaging in a project, we will provide you with information at the outset so you clearly understand what is included and what is not. If you ever have any questions in this regard, feel free to ask. You agree that additional services requested beyond the scope of this Project, or beyond the amount you have pre-paid will be billed at the rates displayed on our website, unless another price is agreed upon (for example, large additions to the scope of the project may be subject to a new quote, rather than our hourly rates). If requested, we agree to provide a time/price estimate for additional services prior to beginning work on them. You understand that invoices for additional services may need to be paid with the remaining Project Balance before the site is launched.

Once our project has reached completion, we would be happy to provide you with website maintenance, technical support, website training, or other services at the hourly rates listed on our website. You can always reach out to us if you need support in the future.

Changes to Scope

If at any time you desire to add additional services to the scope of this project, invoices will be created for the additional services. Approval via electronic mail will be sufficient for most cases. Services cannot be removed from an agreement after those services have been rendered.

Copyrights

You guarantee to us that any text, graphics, photos, designs, trademarks, videos, or other content that you provide us with for the website or other project are owned by you, or that you have permission to use them. If you do not have permission to use elements you have sent us, you are solely responsible for any infringement claims that may result.

When we receive your final payment, copyright is assigned as follows:

You own the final graphics and other visual elements that we create for you for this project. We will send you a copy of the images at the completion of the project if requested. You agree to store these images safely as we are not required to keep them or provide source files for any of the content. You may use these files in future works as well as modify them. A credit back to our website is always appreciated.

We reserve the right to display the work, including the finished product or earlier variations of it, as well as graphics and other content we’ve created for this project. We may feature these designs on websites, in magazines or books, in design competitions, or in other formats. We own the earlier variations of the work, including unused mockups, as well as the right to use, sell, and display them. We also own individual elements used to create the final images.

We own the HTML, CSS, PHP, JS, and other code we created for this project and we license it to you for use on only this project. You may contact us to request using the code on other projects, which may incur additional fees. If your website was built using a particular theme or plugins, you may need to purchase additional licenses of said theme/plugins in order to use them on another website.

You agree to allow us to place our company name and website link in the footer of your website.

You own the text content, photographs, videos or other content you provided unless they are owned by someone else.

Payment Agreement

Please understand that we are a business, and we are putting our time, energy, and focus into your project. In many cases, we are focusing on your project to the exclusion of other clients. As such, we expect to be paid on time and in full. We set forth these conditions merely to ensure that we are paid for our work.

You agree to adhere to the payment schedule set forth in our project agreement (if applicable), or to pay for all hourly services rendered at the rates that have been made available to you. Late fees may apply if your payments are delayed, and rush fees may apply if you require work to be completed earlier than agreed upon.

You understand that all payments made to us are non-refundable, whether through our website, Stripe, PayPal or another service. Initial deposits made on contract work are also non-refundable. You may discontinue hourly work at any time, as long as you pay for all services rendered up until that point. Any services left unpaid for will not be released.

The Fine Print

Indemnity. Client agrees to indemnify, save and hold harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances Designer shall promptly notify Client in writing of any claim or suit; (a) Client has sole control of the defense and all related settlement negotiations; and (b) Designer provides Client with commercially reasonable assistance, information and authority necessary to perform Client’s obligations under this section. Client will reimburse the reasonable out-of-pocket expenses incurred by Designer in providing such assistance.

Limitation of Liability. THE SERVICES AND THE WORK PRODUCT OF DESIGNER ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF DESIGNER. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Validity

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Force Majeure

Designer shall not be deemed in breach of this Agreement if Designer is unable to complete the Services or any portion thereof by reason of fire, earthquake, hurricane, blizzard, loss of power or internet, labor dispute, act of God or public enemy, death, illness or incapacity of Designer or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Designer’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Designer shall give notice to Client when possible of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

Additional Terms

You understand that these are general terms that apply to all projects, and that more specific terms may apply to your individual project or program.

Contract Work: Design Proposals and Design Agreements are drafted for use with individual projects, and those terms supersede the ones on this page. Your electronic signature confirms your agreement with those terms.
Hourly Work: If we are working by the hour, you agree to the terms of the individual project, and to pay for any services rendered. If requested, we will provide a time/cost quote for any additional services.
Hourly Retainers: If you purchase an Hourly Retainer, you agree to be bound by the terms of the Hourly Retainer Program, and that those terms supersede the ones on this page. Your purchase of these products confirms your agreement with those terms.
Monthly Programs: If you enroll in a Monthly Maintenance and Expansion Program, you agree to be bound by the terms listed on the program sales page, and that those terms supersede the ones on this page. Your enrollment in these programs confirms your agreement with those terms.

Privacy Policy

Please also visit our Privacy Policy section establishing the privacy of your personal information at http://www.wildglow.co/policies/privacy

Terms of Use

Please also visit our Terms of Use section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://www.wildglow.co/policies/terms