TERMS + CONDITIONS
THE FOLLOWING TERMS constitute an agreement (the “Agreement”) between you as the (“User”/”Client”) and Tailorversity, (“we”, “us”) and contain the terms and conditions that apply to your access and use to The Services provided by Us.
Please read the below terms carefully. By engaging Tailorversity, you agree to our Terms and Conditions. The Terms and Conditions herein will be valid and binding as of the date of signing, and will continue to be valid and binding until both the Client and Tailorversity agree in writing, that services of Tailorversity are no longer required. The below conditions will apply to all individuals, businesses or companies (“Client”) who engages the services of Tailorversity, its contractors or sub contractors unless otherwise agreed in writing by both parties.
Scope of Services
Tailorversity Agency provides marketing solutions including but not limited to branding, consulting, digital services, operation management, website development, and graphic design. Services are provided based on the agreed-upon terms, specifications, and pricing.
Client Responsibilities
The Client is responsible for providing accurate and timely information necessary for Tailorversity Agency to fulfill the services. The Client must adhere to agreed-upon deadlines for providing feedback, approvals, or any materials necessary for the completion of services. Fail to due so client is subject to a fee.
Payment
Payment of services and/or products will be in United States Dollars (USD) via Credit Card/Debit Card (Stripe) and or ACH Direct Debit/Internal Bank Transfer. Initial payment is is due before any design work begins and final payment is due before any digital files or site is launched. All other invoices are payable within thirty (30) days of receipt. An additional fee, of 10% (of the total project fee), is payable on all overdue balances after five (7) days following the due date. Invoices shall list any expenses and additional costs as separate items. Financing items are accepted with certain items. By financing items with Tailorversity, client will be charged a one-time payment of $199 at end of services. If client choose to set up payment plan. Each monthly payment, client must pay additional $10 per payment. All grants of any license to use or transfer ownership of any intellectual property rights (including but not limited to designs completed by Tailorversity or its contractors or sub contractors) under this agreement are conditioned on full payment, including all outstanding additional costs, expenses, fees, or any charges.
Bookings
All bookings for services with Tailorversity are only confirmed when the Client pays a 50% non-refundable deposit fee. This is non-refundable for it is used to confirm a spot in Tailorversity’s schedule. Once the deposit is received, an email will be sent to the Client to confirm and make arrangements for the commencement of the project. Client will receive, contract via DocuSign followed by invoice via Stripe. The final 50% will be payable upon project completion, or on the scheduled date of completion as agreed between Tailorversity and the Client (whichever date happens first) to ensure our project aligns with our timeline.
Payment Terms
Payment terms will be agreed upon before the commencement of any services. Tailorversity Agency reserves the right to suspend services if payments are not made according to the agreed-upon terms. Financing items are accepted with certain items. By financing items with Tailorversity, client will be charged a one-time payment of $199 at end of services. If client choose to set up payment plan. Each monthly payment, client must pay additional $10 per payment.
Refund and Cancellation
Cancellation of services must be made in writing via email. All project fees are 100% non-refundable. No refunds will be issued. In the event of a client-initiated cancellation of services, the Client accepts that no payment shall be reimbursed, and the amount becomes forfeited by the Client. If the Client opts not to commence services on the originally agreed-upon date, they may receive a credit with Tailorversity for one year from the dated invoice for desired services. However, any unused credit after this one-year timeframe becomes forfeited. Should the Client choose to reactivate their order after the one-year timeframe, a 30% interest fee will be added to the remaining balance. Alternatively, the full amount of the product/order must be paid before the Designer can resume or continue services. The only reason any monies will be refunded is in the event Tailorversity is unable to complete the project for personal reasons or illness.
Proposal
Quotations for Services with Tailorversity are generated on the basis of the brief provided by the Client and expected time investment by Tailorversity, and may change if additional work is required. Quotes provided are valid for thirty (30) business days, whereby following the expiry such date, Tailorversity reserves the right to amend prices. No quoted service delivery dates are guaranteed, and can vary. Correspondence and or communication will be sent via email. We will always discuss via email and ask for approvals as we enter into next phase.
Delays
Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by client will result in a day-for-day extension of the due date for all deliverables. Any delay caused to conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of god, labor disputes, riots, acts of war, terrorism and epidemics.
Intellectual Property
All intellectual property rights for work produced by Tailorversity Agency shall remain the property of Tailorversity Agency until full payment has been received. Upon full payment, the Client will have the right to use the provided deliverables for the agreed-upon purposes outlined in the contract.
Confidentiality
All material considered confidential by either party shall be designated as confidential.
Technological Advancements
The Client is to refer to hosting and domain name providers for queries regarding the following services: Domain names, Hosting and registration, SSL certificates, Email addresses and Email hosting. The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms & Conditions: Set up of email addresses, Emails going to Spam/Junk, Email not functioning and Email Signatures. Tailorversity holds no responsibility if: (a) your email addresses are targeted with spam as it is outside of our control or (b) the Client’s email account details are obtained and used to send spam or malicious material. Tailorversity build and design websites to the best of their knowledge at the time of completion. We shall not take responsibility if the Client’s site is “hacked” or maliciously attacked in form. Tailorversity will not be held responsible and is not liable for any loss of income to arise from the Client’s web site “going down”, being hacked or otherwise.
Design
The Client agrees to allow: (a) Tailorversity to add a small credit on the Client’s website. This will be in the form of a small line of text, and will be placed towards the bottom of the web page; (b) Tailorversity to place its designs and work, along with a hyperlink to the Client’s site on Tailorversity’s own website for self-promotional services, unless agreed to the contrary in writing by both parties. The Client understand that Tailorversity does not take any responsibility for Trademarking of any kind and that it is the Client’s responsibility to check trade-marking laws and existing Trademarks for availability.
For Branding, Tailorversity will provide the Client with three (3) rounds of minor refinements with no extra cost within seven (7) days of submission to the Client for review. (“Review Period”). Minor refinements include color changes (to others mentioned as per the brief), font swapping between concepts or a minor font change (to another style as mentioned in the brief), changes to size or hierarchy, and adding or removing of a graphic element. Request for minor changes are to be made via e-mail. Tailorversity will presume that the Client has accepted the original draft with no changes, if no emails requesting changes were made within seven (7) days of the commencement of the review period.
For Website Designs, Tailorversity will provide the Client with three (3) rounds of minor refinements with no extra cost within seven (7) days of submission to the Client for review. (“Review Period”). Minor refinements include color changes, font changes, switching out images, textual changes, small alterations to movement of elements on the website, change of images. Minor refinements do not include adding extra pages, custom CSS, third party plugin integration, extra content uploads that were not originally covered under the original project brief Request for minor changes are to be made via e-mail. Tailorversity will presume that the Client has accepted the original draft with no changes, if no emails requesting changes were made within seven (7) days of the commencement of the review period.
Changes to Project Scope
If client wants to change the scope of work after acceptance of this agreement, client shall send designer a written change order (detailed, in one email) describing the requested changes in detail. Within ten (10) days of receiving a change order, designer will respond with a statement proposing designers availability, additional fees, changes to delivery dates, and any modification to the terms and conditions. Designer will evaluate each change order at its standard rate and charges. Client will be billed on a time and materials basis at Tailorversity’s hourly rate of $35 per hour. Such charges shall be in addition to all other amount payable under this agreement, despite any maximum budget, contract price or final price identified. Designer may extend or modify any delivery schedule or deadlines in the agreement as may be required by such changes. Client will have ten (10) days to respond in writing accepting or rejecting the new proposal. If client rejects the proposal, designer will not be obligated to perform any services beyond those in the original agreement.
If the proposal for the amended project scope from Tailorversity is rejected by the Client, Tailorversity is not obliged to perform any services beyond those in the Original Agreement. Tailorversity reserves the right to extend or modify any delivery schedule or deadlines in the agreement as may be required by such changes.
Rush Services
If the Client requires design work expedited (outside of project scope and agreed upon time frames), Tailorversity will try to accommodate you, but please know that good design cannot be rushed. We have other clients booked in that have paid for our time and their spot in the queue and we will need to be financially compensated for working overtime.
Any requests for work to be expedited before my earliest calendar start date (defined by any project or work requiring me to work after regular business hours, weekends and/or on US national holidays or know vacation times) will incur an additional 50% fee of the branding and/or website package cost.
Limitation of Liability
Tailorversity Agency shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to the services provided. The total liability of Tailorversity Agency, whether in contract, warranty, tort (including negligence), or otherwise, shall not exceed the fees paid by the Client.
Indemnification and Liability
Client shall indemnify designer from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in deliverables at the request of the client. 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.
Dispute Resolution
Parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorney's’ fees and costs in any dispute resolved by binding arbitration or litigation.
Termination
Either party may terminate services with a written notice. Upon termination, the Client is responsible for any fees accrued up to the termination date.
Amendments
Tailorversity Agency reserves the right to update or modify these Terms at any time. Clients will be notified of any changes to these Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Texas. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Texas.
Details
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.tailorversity.com website (the "Service") operated by Tailorversity Agency ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By agreeing to work with Tailorversity, you understand that the project will be completed in a timely manner and depends on the revisions and requirements of the project.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
By contracting Tailorversity for work, you agree that you have read the terms and conditions.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Tailorversity.
Tailorversity Agency has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Tailorversity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By using Tailorversity Agency's services, you acknowledge that you have read, understood, and agree to these Terms and Conditions. These Terms constitute the entire agreement between the Client and Tailorversity Agency regarding the use of services provided. If you do not agree to the new terms, please stop using the Service.
If you have any questions or concerns regarding these Terms, please contact us at support@tailorversity.com.
Last updated: March 11, 2024