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.
Payment of services and/or products will be in United States Dollars (USD) via Credit Card/Debit Card and or ACH Direct Debit (Stripe). Initial payment is is due before any design work begins and final payment is due before any digital files or site is launched (unless you are a previous client). 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 (5) days following the due date. Invoices shall list any expenses and additional costs as separate items. 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.
Financing and or payment plans are available additional fees will be applied. Client is to discuss these items during initial consultation. If payment plans are agreed up by both parties via email or during Microsoft Teams call, or via text for current clients; a final bill will be provided. If client choose not to pay final invoice, Tailorversity will see legal options.
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 and or text (text only if current or previous client). We will always discuss via email and ask for approvals as we enter into next phase.
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 secure 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. 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. We accept 10min. free consultations until Jan 2024.
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.
SHIPPING & HANDLING
After order is placed, please allow 3-5 business days to process and verify credit card authorization before we ship your order. Shipping is 5-7 business days or (Priority shipping 2-3 business days), and all orders are shipped via UPS. When your order is shipped we will email you with a tracking number.
We are not responsible for carrier delays from the post office, natural disaster delays, or delays due to holidays.
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, labour disputes, riots, acts of war, terrorism and epidemics.
Client agrees to pay designer the fees listed in the project proposal, including all taxes. Pricing in the project proposal includes only designer fees. Any other costs, such as hosting, printing, art licensing or photography, will be billed to Client.
The Client is to refer to hosting and domain name providers for queries regarding the following services: Domain names, Hosting and registration, SSL certi cates, 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.
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 colour 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 colour 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.
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.
EVALUATION AND ACCEPTANCE
Client shall, within ten (10) business days after receiving each deliverable, notify January Made Designs in writing of any failure to comply with the specification of the project proposal or of any other objections, corrections or changes required. January Made Designs shall, within ten (10) business days of receiving client's notification, correct and submit a revised deliverable to client. Client shall, within fifteen (15) business days of receiving a revised deliverable, either approve the corrected version or make further changes. If after three (3) refinements or corrections by us, you as the client finds the deliverables not unsatisfactory between both parties, the client may terminate this agreement subject to the termination clauses of this agreement. If client fails to provide approval or comments during any approval period, those deliverables will be considered approved and accept
All material considered confidential by either party shall be designated as confidential.
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.
Once the final files are sent and website is launched any other revisions are supported at my hourly rate of $35.00. The Designer does not host/maintain/or support the website. The Designer was hired for design and customization. Tailorversity does offer an retainers such as an essentials package tailored to website maintenance.
Alteration of any deliverable is prohibited without the express permission of designer. Tailorversity will be given the first opportunity to make the required alterations. Unauthorized alterations shall constitute additional use and will be billed accordingly.
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.
CHOICE OF LAW
I, the undersigned client, hereby warrant that I am competent to contract in my own name. I confirm that I have read the herein agreement prior to its execution and I am fully familiar with the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.tailorversity.com website (the "Service") operated by Tailorversity ("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 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, you agree that you have read the terms and conditions.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by January Made Design.
Tailorversity 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.
LIMITATION OF LIABILITY
In no event shall Tailorversity, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Tailorversity its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
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 continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.
Last updated: March 31, 2023