When hiring Tammie Oliver and/or Kentucky Moonlight (from here on out referred to as "we" and "us") for a project the client agrees to the following terms and conditions, which may change at anytime without notice:
Web Development Contract
Often, a Web Development Contract will be signed by both parties before a project can commence.
The client’s approval for work to commence shall be deemed a Contractual agreement between the client and Tammie Oliver and/or Kentucky Moonlight.
The price quoted to the client is only for the work agreed upon in the Web Development Contract. Additional add-ons or changes may effect project times and costs.
During the design process, clients may request any number of revisions providing they give clear and concise feedback and understand that any changes will affect the timeframe of the project’s completion and may incur additional costs.
Clients will be notified in advance of any additions to the original price quote and the Web Development Contract may need to be amended.
Domain names and hosting
We cannot guarantee the availability of any domain name.
Any domain names registered for clients by Tammie Oliver and/or Kentucky Moonlight will become the property of the client upon cleared receipt of final payment as outlined in the Web Development Contract.
Tammie Oliver and/or Kentucky Moonlight will be listed as administrative contacts and/or technical contacts for the domain name but make no claim to ownership of any client’s domain name after cleared receipt of final payment as outlined in the Web Development Contract.
We use a third party domain registrar and a third party hosting company. We can not and do not take responsibility for any server problems that the third party company may experience and can not and do not take responsibility for, but not limited to, any experienced damages, outages, downtime, lost files or website inaccessibility.
Hosting services and domain name registration are purchased on a yearly basis. Renewal fees will be required annually. If a client fails to renew services before the date of their domain name’s expiration, renewal of the client’s domain name may not be possible. If a client fails to renew hosting services within 30 days of the stated service expiration date the relevant website will be deactivated.
Copyrights
All work carried out by Tammie Oliver and/or Kentucky Moonlight, including but not limited to, graphics, artwork, images, photography, video, audio or text supplied and/or created by Tammie Oliver and/or Kentucky Moonlight on behalf of the client are performed on a work-for-hire basis, unless otherwise stated, and will become the property of the client upon cleared receipt of total payment as outlined in the Web Development Contract.
However, we reserve the right to use any works created for clients for our own advertising purposes and in our portfolio including, but not limited to, logos, graphics and screenshots of the created websites.
The mention of Tammie Oliver and/or Kentucky Moonlight will be included in the work created. Most especially, a link to the Kentucky Moonlight web site and the words "Designed by Kentucky Moonlight", "Designed and maintained by Kentucky Moonlight" or some similar language will be placed somewhere on the client’s website, usually, but not limited to, the footer area.
In return, a recipricol link to the client's website will be included on Kentucky Moonlight's website.
Material and Data Collection
The client agrees to supply Tammie Oliver and/or Kentucky Moonlight with all necessary materials required to create and complete the project and to supply them in a timely manner.
Text is to be supplied in electronic format as standard text (.txt) or MS Word (.doc) on CD-ROM, a flash drive or via e-mail. Hard copy, paper-printed or clearly legibly written text is also acceptable.
Both digital and hardcopy images, graphics and photos are acceptable. Digital images need to be provided on CD-ROM, a flash drive or via e-mail. Tammie Oliver and/or Kentucky Moonlight cannot be held responsible for the quality of any images supplied by the client.
Copyrights and Trademarks
By supplying resource materials to Tammie Oliver and/or Kentucky Moonlight for inclusion in the client’s project, we assume and the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
It is the clients responsibility to insure that all materials used in the project comply with copyright laws and that all necessary permissions are obtained. The client agrees to fully indemnify and hold Tammie Oliver and/or Kentucky Moonlight free from harm in any and all claims resulting from the client not having obtained all the required copyrights, and/or any other necessary permissions for any materials used in the project.
Directory Listings and Search Engine Optimization
Due to the infinite number of considerations that search engines use when determining a site's ranking, we cannot guarantee any particular placement.
Acceptance by any search engine or directory cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another.
Rankings may also vary over time.
Maintenance
All future maintenance to any project, beyond simple changes such as, but not limited to, contact information, and pricing of products and services, will include an update fee depending on the size of update and time allocated to complete it.
Cancellation
Should the client wish to cancel at any point during the project they shall remain liable for the work that has taken place and may be charged accordingly.
Expenses incurred, including, but not limited to, domain name registration, stock photography, electronic commerce software, online transaction processing solutions and purchased scripts and programs are non refundable.
Payment
Any work taken on by Tammie Oliver and/or Kentucky Moonlight is not usually subject to a deposit. However, we reserve the right to charge a non-refundable deposit that will be applied towards the total project cost.
Total payment must be received within 30 days after completion of the project.
Payment must be made by check, money order, cash or Pay Pal. Checks and money orders must be made payable to: Tammie Oliver.
Any payment returned by the bank will incur a $40.00 service charge. This will be invoiced and will be added to the total outstanding debt owed by the client.
Late payments may be subject to a late payment fee and/or interest fee.
If payment for any invoiced work or service has not been received, or satisfactory payment arrangements made, within 60 days of services rendered or account expiration date, we reserve the right to remove, without notice, any and/or all files from the clients hosting account.