Service Agreement, Terms and Conditions
This agreement outlines the terms, responsibilities, and processes that will guide our work together, helping us achieve the best possible outcome for your project. The terms and conditions defined below govern all transactions between Spectrolite Studies and its respective Clients, for the sale and provision of services by Spectrolite Studies (hereinafter referred to as the “Service Provider”) to its Clients. Please read these terms and conditions carefully.
Spectrolite Studios will provide the service of creating a professional business Wordpress website and training tutorial.
Website Content & Proofreading: All written content and photography are the responsibility of the Client to supply. This will effect timeline and finish date if delayed in receiving content. It is the client’s responsibility to proofread written content before project completion.
Domain and Hosting: It is the client’s responsibility to purchase their domain and hosting plan from the provider of their choice, and maintain their plan. Failure to do so may result in deletion of your site, loss of your domain name, and/or loss of your website files that are hosted with your provider. Spectrolite Studios is not responsible for saving backups of client websites or restoring lost sites. Please ensure you or your hosting provider saves backups of your site, or request that we do as part of a maintenance plan.
Payment: The full payment is due at the time of purchase. It is understood that payment is for the Service Provider’s time and effort and is not contingent on any specific outcome or the Client’s final approval of the work.
Refunds: Upon signing this contract, the Client agrees to be fully responsible for the total payment. This responsibility is not affected by the Client’s level of engagement, responsiveness, or satisfaction with the services provided. Therefore, no refunds will be issued under any circumstances once the terms are agreed to.
Client Responsibilities and Preparation: To facilitate a smooth and efficient strategy, design, development, and implementation experience, the Client is required to complete and submit the requirements form provided by the Service Provider in a timely manner. This advance submission is crucial to allow the Service Provider ample time to review the requirements, prepare adequately. Failure to provide the completed form in a timely manner will result delay of the services.
Confidentiality: Both Parties commit to maintaining the confidentiality of proprietary information exchanged during the service process. This includes but is not limited to, the Service Provider’s methodologies, strategies,and any other materials provided during the service. These items remain the intellectual property of the Service Provider and are to be used by the Client solely for the purpose of this Agreement. The Client agrees not to disclose, replicate, or resell any of the Service Provider’s methodologies, strategies, or any other confidential information received during the service to any third parties without express written permission from the Service Provider.
Copyright & Trademarks: The Client assures that they either own or have secured appropriate permissions for any materials supplied to the Service Provider for the project. Furthermore, the Client agrees to indemnify and defend the Service Provider against any claims or legal actions arising from using these materials for the Client’s project.
Promotion Usage: The Service Provider reserves the right to showcase the design in their portfolio and in a range of promotional and marketing assets across digital and print mediums. This includes presenting the design on their website, social media platforms, and sample galleries for potential clients. Additionally, the Service Provider may describe the services rendered to the Client, ensuring that no confidential or sensitive information is revealed.
Exclusive Web Design Credit: For web design services, the Service Provider maintains the right to feature “Site by Spectrolite Studios,” linked to their website, beneath the website footer.
Indemnification: The Client agrees to indemnify, defend, and hold harmless the Service Provider and its affiliates, officers, agents, and employees from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees and costs, arising out of or in any way connected with the Client’s actions, omissions, or content provided by the Client. This includes, but is not limited to, any infringement of third-party rights, misrepresentation, or violation of any applicable laws or regulations.
Limit of Liability: The Service Provider will do everything possible to deliver exceptional services and deliverables for the Client. However, the Service Provider assumes no responsibility for any direct, indirect, incidental, special, or consequential damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, arising out of or related to the services provided, even if the Service Provider has been advised of the possibility of such damages. Under no circumstances will the Service Provider be liable for any refund or reimbursement of fees paid by the Client.
Independent Contractor: The Service Provider is an independent contractor, and nothing in this Agreement shall be construed to create a partnership, joint venture, or employer-employee relationship between the Client and the Service Provider.
Dispute Resolution: In the unlikely event of a dispute arising from this Agreement, both parties agree to first attempt to resolve the issue through mediation. If mediation proves unsuccessful, the dispute will be addressed through arbitration in accordance with the rules of Alameda County, California. The decision reached by the arbitrator will be considered final and binding.
Entire Agreement: This Agreement constitutes the final, exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, of the parties.
