Terms + Conditions of Service

The following terms + conditions apply to all services purchased on this web site or from estound. The term “estound” or “us” or “we” refers to the owner of this web site (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.

Services

The client hereby engages estound to render the services as described in your Project Estimate. Your payment for these services along with your online approval prior to payment indicate your acceptance of the Project Estimate 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 do everything we can (within the scope of the project we have been hired for) to ensure that you are satisfied with our work.

Payments

Client will pay the project fee(s) in full prior to the start of the project. estound is under no obligation to allow “split payments” and we do not offer payment plans or extended terms unless your Project Estimate explicitly indicates otherwise. 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 does not include shipping, travel + related expenses (where applicable/necessary) stock photography, printing (except where explicitly included in service descriptions) and other 3rd party products and services. There will be additional charges for work requested by the client, which is outside the scope of the project. Changes in project scope will affect overall project cost and timing.

Expenses

Expenses will be billed separately as they occur. Expenses > $50 will be subject to client approval.

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 and approvals by the client come within TWO business days and 3) the client provides all necessary written content, photography, etc. on time.

Every project is unique and timing estimates will likely 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. This ensures that (unless one of the conditions outlined in the “Exclusions” section is met) that the project will remain on-budget.

There may also be additional charges should a client require expedited design service.

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 every effort to maintain contact via phone/email or other electronic means but ultimately, participation is the responsibility of the client. We can not 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.

Price Variances

Unless related to an item detailed in the “Exclusions” section above or another service outside the scope of this project, charges for services rendered will not exceed those outlined on your Project Estimate.

Monthly Services

Unless otherwise stared in your Project Estimate, all monthly charges are considered “month-to-month.” Ending a monthly service contract is should be done with 30 days written notice.

Cancellation

Should the client terminate this 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.

If a client allows a project to become inactive for 4 months or more, estound will consider the project canceled 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, estound does reserve the right to re-estimate any remaining work based on estound‘s most current standard pricing and/or hourly rates.

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. We do reserve the right to withhold delivery of materials, however, if there is an outstanding balance on the account and will release materials promptly once the balance has been paid in full. estound will retain the right to use creative work (unless the client specifies that it is of a confidential or sensitive nature) 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.

Electronic Files

Electronic files for final approved design work, pending the conditions outlined above, will be delivered in JPEG and PDF files unless the client requests otherwise.

Use of Copyrighted Material

The client is responsible for all materials provided to estound and warrants that no written, graphic, photographic or other materials furnished are trademarked, copyrighted or otherwise owned by a third party. estound will not be held liable for any materials provided by the client.

Printing Services

Clients who purchase printing from estound are solely responsible for the content (written, graphic, photographic, etc.) on the printed piece. estound is not liable for any omissions, factual errors, typographical errors or other issues related to the content once approved by the client.

estound is responsible, however, for defects in print quality and will replace the items in question free of charge. It may be necessary for the client to return printed materials to estound in this circumstance.

Note that “gloss” and “UV” finishes provided by estound printing vendors are VERY glossy. They cannot be written on with a standard pen and may show fingerprints; this is not a defect. In the event that a piece is printed with “full bleed” color on both sides of the sheet, some fraying may occur during the cutting process. This is also normal and is not considered a defect in the printing process. Colors on printed materials may not match exactly with colors as they appear on a computer monitor or as printed on a home or office printer and different print jobs may also not match exactly.

Hosting Services

As of 3/1/2011, estound is no longer accepting new hosting clients.

estound is not liable for the loss of any files or potential loss of business should hosting be discontinued due to cancellation or expiration of service. Should a hosting customer cancel prior to service expiration, a one-week grace period will be allowed for the customer to remove their files from the server and transfer their domain name. estound is not responsible for moving files to other hosting services should the customer cancel or have their service expire. estound is not responsible or liable in any way for the files that a customer posts to server space sold through estound nor are we responsible for the content of web sites posted to server space sold through estound. SSL certificates are not transferable to other sites.

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 $100/hr.

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 Services

Websites developed by estound will be compatible with Firefox, Internet Explorer (Microsoft supported versions only), Safari, and Chrome. estound is only responsible for ensuring compatibility with these web browsers (and widely available versions thereof) as of the start of a web project. Modifying sites for compatibility with mobile browsers, later browser releases, legacy browsers or any browsers not explicitly mentioned above or in the Project Estimate will be considered out of scope and will need to be estimated separately.

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 warranty 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”). Please refer to the “Customer Support” section for information on charges for support after 30 days.

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 at a rate of $100/hr.

To notify estound of any bugs or potential compatibility issues, please visit https://estound.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://estound.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 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 $100/hr for non-emergency requests (1 hour minimum) and emergency requests are billed at $150/hr (1 hour minimum). The client may request a formal project estimate prior to beginning new work.

Liability

estound and its consultants, partners, agents and employees shall not be liable to the client for any special or consequential damages, including but not limited to, lost profits, loss of use, loss of data, and costs of replacement, caused by the negligence or any other cause whatsoever.

Legal Disputes

Client agrees and consents that Douglas County, Colorado, USA shall be the venue for any legal action taken regarding these terms or any portion of a project undertaken by estound.