Terms and Conditions of service
The following terms + conditions apply to all the services you request or purchase from estound. The term “estound” or “us” or “we” refers to Artemis Wolf, Inc. d/b/a estound, based in Parker, CO, USA. The terms “you”, “your” or “the client” refers to the purchaser of services.
estound may change these terms at any time by updating this page.
The Services client hereby engages estound to render the services as described in the Project Estimate or Proposal we provide and that is incorporated herein by reference (“scope”). Your payment for these services along with your online approval prior to payment indicate your acceptance of the Project Estimate or Proposal and of these terms which signify a binding contract between you and estound.
Customer Satisfaction
estound is committed to the satisfaction of our clients. If the client is unhappy with the progress of their project, we will make reasonable efforts (within the scope of the project we have been hired for) to ensure that you are satisfied with our work. estound is under no obligation to perform any work NOT specifically outlined in the scope without additional financial compensation. All additional work requested beyond the scope of the Project Estimate or Proposal must be agreed upon in writing by both parties.
Payments
Monthly contracts will be billed at the start of the service month and will be billed on or around the same day each month.
All projects under $3000 are billed 100% up front. estound does not offer “split payments” on projects of this size.
All projects between $3000-$10,000 will be billed in 2 equal payments, one up front and one approximately at the “halfway” mark. On a website project, we define halfway as the conclusion of the design phase.
All projects over $10,000 will be billed in 3 equal payments, all to come prior to the final phase of the project.
Credit Card Payments
estound prefers payments by credit card as they ensure that both parties are equally protected and help mitigate additional risk for clients who are often paying their project fees up front per the terms above. In the event you are making payments with a credit card, you will provide estound with your credit card information and hereby authorize estound to securely store your credit card information. If you choose to pay invoices automatically by credit card, you agree that estound is authorized to charge your credit card for all fees and charges due and payable to estound hereunder. estound will automatically charge your credit card for any payments that are more than 45 days overdue. You agree to notify estound of any change in your billing address or the credit card information used for payment hereunder.
Late Payments
estound has the right to postpone work on a project until payments are received. If an account is not paid in full, estound may put work on hold until the account balance is paid in full. estound may charge a 2% late fee every month an invoice is overdue.
Exclusions
Pricing outlined in your Project Estimate or Proposal does not include shipping, travel + related expenses (where applicable/necessary), stock photography/imagery, custom photography/videography/illustration/animation, printing, and other 3rd party products and services like hosting or software licenses except where specifically included in service descriptions and budgets. There will be additional charges for work requested by the client outside the scope of the project. Changes in project scope will affect overall project cost and timing. Unless otherwise specified above, additions to the scope will be estimated and billed at our standard rates:
- $195/hr for strategy, consulting, or coaching
- $195/hr for advanced programming or application development
- $120/hr for graphic design, site development/maintenance/support, writing, and misc. tasks
Rates are subject to change upon notice to the client. Clients with a monthly engagement receive a discount of $20/hr on all work outside of their regular monthly scope.
Expenses
Expenses will be billed separately as they occur. Expenses > $50 will be subject to client approval. The client will pay all expenses when billed.
Price Variances
Unless related to an item detailed in the “Exclusions” section above or another service outside the scope of the project, charges for services rendered will not exceed those outlined on your Project Estimate or Proposal.
Revisions
Unless otherwise agreed upon in writing, estound will provide up to two revisions of each deliverable under the project. If Client requests additional edits, all additional revisions will be performed at the applicable hourly rate specified above.
Rush Fees
A 50% rush upcharge will be added to any project that meets any of the following criteria:
- A project requiring up to 10 hours of work with 5 business days or less of turnaround time.
- A project requiring between 10-25 hours of work with 12 business days or less of turnaround time.
- A project requiring more than 25 hours of work with one month or less of turnaround time.
- Any project requiring urgent attention outside of business hours (Monday-Friday 9AM-6PM Mountain time) or on a US federal holiday.
Timing
estound will make every reasonable effort to ensure that the client’s project is completed in a timely manner provided that, 1) project scope does not change, 2) responses from and approvals by the client are received within TWO business days following estound’s request and 3) the client provides all necessary written content, photography, and other requested materials on time.
Every project is unique and timing estimates may vary from project to project. estound is happy to provide a proposed project timeline prior to the start of each project.
In web design/development projects, estound reserves the right to delay the start of programming pending receipt of ALL site content from the client. Any such delay is to keep the project on-budget (unless one of the conditions outlined in the “Exclusions” section is met).
There may also be additional charges should a client ever require expedited service on a project, as detailed above.
Should a project go inactive due to a lack of client participation for more than 30 days, estound may require time (not to exceed 11 business days) to reallocate resources to resume work on the client’s project.
estound will make reasonable efforts to maintain contact via phone, email and/or other means but ultimately, participation is the responsibility of the client. We cannot complete the work we have been hired to do without active client participation and a lack of participation will cause delays in the project schedule. The client acknowledges and agrees that any delay in the client’s provision of materials, information, and/or approvals may impact estound’s provision of the services. The client releases estound from any liability and costs resulting from any delay in the client’s provision of materials, information, and/or approvals.
If a client allows a project to become inactive (client is unresponsive, does not provide feedback/approvals upon request, or is unable to deliver crucial project content/assets) for 4 months or more, estound will consider the project terminated and is not obligated to refund any payments connected to the work in question. Should a client wish to re-engage in a project that has been inactive for 4 months or more, client will pay a $500 reactivation fee and estound reserves the right to re-estimate any remaining work based on estound‘s most current standard pricing and/or hourly rates.
Cancellation
Projects: Should the client terminate their project within 30 days of the start of the project, fees will be refunded based on the percentage of work completed, plus a 20% cancellation fee. After 30 days, all fees will become non-refundable, though we are happy to reallocate hours paid on a canceled project to new work.
Fixed-Term Monthly Engagements: Canceling these terms, estound’s services, or any project before the end of the term specified above will carry a penalty of 30% of the remaining balance of the full contract amount (i.e. the total service estimate on this page minus payments made prior to termination request). In the event the client cancels or terminates, the client will reimburse estound for all reasonable third-party expenses incurred prior to cancellation or termination. estound may terminate its services at any time with 30 days notice.
Month-to-Month Engagements: Either party may cancel this type of monthly agreement with 30 days notice.
Rights + Ownership
Full rights to completed work along with electronic files will be granted to client upon final approval of each item within the project and estound’s receipt of payment in full for all amounts due. We reserve the right to withhold delivery of materials if there is an outstanding balance on the account or if the client has not upheld its obligations to us in full. estound will retain the right to use creative work (unless the client specifies that it is of a confidential or sensitive nature) from the project for self-promotion. Any designs, concepts or work performed by estound, which are not chosen by the client, remain the full property of estound and the client shall have no rights or claim to this work.
The client is responsible for all materials provided to estound. The client warrants that no written, graphic, photographic or other materials furnished to estound are trademarked, copyrighted or otherwise owned by a third party and that the client has all necessary rights in and to such materials. estound will not be held liable for any materials provided by the client and the client expressly indemnifies estound from all liability related to such materials.
Hosting Plans
estound does not offer hosting plans and clients are responsible for procuring and maintaining their own hosting with a reputable third-party host vetted and approved by estound. We are happy to make hosting recommendations and we do not receive commissions or referral fees from any hosting providers.
Unless specifically indicated in your estimate, estound does not budget time in web design/development projects to troubleshoot or support a third-party host or other hosting provided by the client and not previously approved or endorsed by estound. Should the client wish estound to troubleshoot server difficulties with another hosting provider (whether internal or external to the client), estound reserves the right to charge hourly for those services at a rate of $120/hr. Should you choose a hosting plan not approved by estound, you release estound from any and all claims, liability, losses, and damages whatsoever in connection with such a hosting plan.
Clients are responsible for their own files and email accounts. estound is not responsible for archiving, backing up or otherwise maintaining files kept on any hosting account, unless we are specifically contracted to do so.
Web Development Warranty and Support
While estound makes every effort to extensively test and debug client websites, the client shares the responsibility to test all the functionality of their site. estound will warrant that any site bugs or compatibility issues found within 30 days of launch will be corrected at no additional charge (referred to as the “30 Day Warranty”).
Should the client install any 3rd party software, widgets, plugins, etc. on their server/website or make any changes to the code/templates/structure/settings on the website without the knowledge/approval of estound, the 30 Day Warranty will be considered void.
Additional functionality that was not explicitly detailed in the Project Estimate is not covered by the 30 Day Warranty and will be estimated and billed as new work using the rates highlighted above, in the sections titled “Exclusions” and “Rush Fees”.
To notify estound of any bugs or potential compatibility issues, please visit https://estdevelop.wpengine.com/support.
Customer Support
estound stands by our work and will do all we can to support our clients after the project is complete. To make a support request, clients should log into https://estdevelop.wpengine.com/support and create a ticket. We want to ensure that your request is handled in an efficient and consistent manner and so this is the ONLY way that we can accept a support request. Please do not call or email your project contact directly with these types of requests.
Unless they are an emergency, support requests are generally handled on a first come, first-serve basis. It is estound’s responsibility to respond to support tickets within 1 business day though depending on our workload, it may be longer before your request can be completed.
Requests will be billed at the rates highlighted above, in the sections titled “Exclusions” and “Rush Fees”. The client may request a formal project estimate prior to beginning new work.
Liability and Legal
To the extent these terms conflict in any way with the terms set forth in the Project Estimate or Proposal, the terms and conditions contained herein shall control. If any terms of the Project Estimate or Proposal are ambiguous or indeterminate, estound will interpret such terms in the best interests of the client, as determined by estound in its sole discretion.
estound is at all times an independent contractor hereunder. Nothing in this Agreement shall be deemed to create a partnership or joint venture between the parties. estound reserves the right to sub-contract to a third party any services that estound has agreed to perform for the client.
The services are provided “as is” and without any warranty, either express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, or non-infringement. estound and its consultants, partners, agents and employees shall not be liable to the client for any special, consequential, exemplary, or incidental damages, including but not limited to, lost profits, loss of use, loss of data, and costs of replacement, whether caused by negligence or any other cause whatsoever. Regardless of the foregoing, in no event will estound be liable to the client for any amount in excess of the amount paid to estound hereunder. estound is not responsible for any technical or software malfunction, nor any occurrence beyond estound’s reasonable control, and Client releases estound from any liability therefore.
Client agrees and consents that Douglas County, Colorado, USA shall be the sole venue for any legal action taken regarding these terms or any portion of a project undertaken by estound. If estound is the prevailing party in any legal action, it shall have the right to collect from the client its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing these terms.
These terms, together with the Project Estimate or Proposal, constitutes the entire agreement between the parties concerning its subject matter and supersedes all other agreements and understandings, oral or written, regarding said subject matter. Any amendments to these terms will not be valid unless made in writing and signed by both parties. No term or provision hereof will be deemed waived and no breach excused unless such waiver or release is in writing signed by the party claimed to have waived. If any portion thereof is deemed legally invalid or unenforceable, that portion will be severed and all other terms will remain in full force and effect.
