Terms of Service

Welcome to Whimsical Reverie Design LLC! Whimsical Reverie Design provides its services to you and are subject to the following Terms of Service.

Estimates & Contracts

Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.

Payments

Whimsical Reverie Design accepts payments via Cash, eCheck, Apple Pay, PayPal and all major Credit Cards. Your payment should come from PayPal available funds or credit card.  Your project will not be released to you or uploaded until full payment is received.

Payment on Custom Projects

A third (1/3) of initial costs is due at the time service begins. Remaining balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet. The grant of any license or right of copyright or programming is conditioned on receipt of full payment.

Any check payments that do not clear will be charged a $35 fee. Whimsical Reverie Design retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items (see copyright & ownership clause).

Payments on Invoiced Work for Existing Clients

Payments on all invoices are due upon receipt. The grant of any license or right of copyright or programming is conditioned on receipt of full payment.

Payments on Premade and Marketing Packages

Payments on premade design and marketing packages are due in full at the time of purchase.  After acceptance and delivery of any completed final design file, additional changes will be charged at $20/hour. The grant of any license or right of copyright or programming is conditioned on receipt of full payment.

Default in Payment

The Client shall assume responsibility for all collection and legal fees necessitated by default in payment. Monthly subscriptions not paid for within 15 days of invoice will be removed from Client website until payment is received.

Cancellation

In the event of project cancellation, ownership of all copyrights and any original artwork shall be retained by Whimsical Reverie Design, and a cancellation fee for work completed, based on the prorated portion of the next payment and expenses already incurred, shall be paid by the Client.

Confidential Information

Whimsical Reverie Design acknowledges and agrees that the source materials and technical and marketing plans or other sensitive business information, as specified by the Client, including all materials containing said information, that are supplied by the Client to Whimsical Reverie Design or developed by Whimsical Reverie Design in the course of developing the projects are to be considered confidential information. Information shall not be considered confidential it if is already publicly known through no act of Whimsical Reverie Design.

Expenses

The Client shall reimburse Whimsical Reverie for all expenses arising from projects that are not included in the price. The Client shall reimburse Whimsical Reverie Design for any requested stock photography outside of offered sources or specialty fonts purchased to complete the project.

Credit Lines

Whimsical Reverie Design shall be given credit on websites, book covers, and audio covers.

Whimsical Reverie Design shall receive copyright notice in this form:

  • Created by Whimsical Reverie Design with a link to our website.

Clients may not remove our credit line while still using our design. The link may be removed without penalty when the Client no longer uses any of the Whimsical Reverie Design created design, functionality or customization. You may pay Whimsical Reverie Design a fee of $100 to have this link permanently removed.

Copyright and Ownership

Whimsical Reverie Design retains ownership of all original artwork (live files used to create artwork), in any media, including digital files, whether preliminary or final, unless owned by the Client.

Whimsical Reverie Design reserves the right to resell custom designed projects that remain unpaid by the original client, unaccepted mockups or other graphics created by Whimsical Reverie Design but not in legal use by the client.

Whimsical Reverie Design reserves the right to display websites and graphics that have been designed by Whimsical Reverie Design on their website, and in any marketing material to aid as examples of our work.

Alterations

Any alteration of original art (color shift, mirroring, flopping, combination cut and paste, deletion) creating additional art is prohibited without the express permission of Whimsical Reverie Design.

Unauthorized Use and Program Licenses

The Client will indemnify Whimsical Reverie Design against all claims and expenses arising from uses for which the Client does not have the rights to or authority to use. The Client will be responsible for payment if any special licensing or royalty fees resulting from the use of graphic programs that require such payments.

Limitation of Liability

Client agrees that it shall not hold Whimsical Reverie Design or its agents or employees liable for any incidental or consequential damages that arise from Whimsical Reverie Design’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Whimsical Reverie Design or a third party. Furthermore, Whimsical Reverie Design disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.

Authorization

You are engaging Whimsical Reverie Design, as an independent contractor for the specific project(s) as described by the package(s) or service(s) you have purchased. In the event, the project is a website or access to your website is necessary, you hereby authorize Whimsical Reverie Design access and “write permissions” to all directories and files of your account with Whimsical Reverie Design or any other third party hosting provider.

Revisions

Every service or package comes with up to 2 revisions, unless otherwise specified in the package or service description at the time or purchase. In the event that additional revisions are required, an additional fee may be charged. Once the final design draft has been approved and installed on your site, the design is considered completed. After completion, a charge of $20 an hour is applied to do any alterations.

Portfolio

Whimsical Reverie Design may, at its sole discretion, choose to showcase on its website projects the Whimsical Reverie Design team has worked on, or is working on, including screenshots, a link to the live website, a summary of Whimsical Reverie Design’s role in regard to the project, etc. The Client must understand and agree that we are in no way committed to displaying, or linking to, their website(s) or online project(s) on our website, but that we may choose to do so, at our sole discretion.

Promotions

Promotional offers are not cumulative.

Pricing

All prices appearing on this site are subject to change without notice.

Refunds

Refunds for all other products and services offered by Whimsical Reverie Design are available in full only 24 hours immediately after purchase or before the planning phase has started. No Refunds are available after your design has been started. A request to terminate services must be presented Whimsical Reverie Design in writing.

Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.

Chargebacks

Whimsical Reverie Design will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.

Process/Customer Liability

It is important to understand that we cannot make our project resources available to a project indefinitely as we have other obligations. If a project stalls or a client becomes unresponsive for more than 3 weeks, the project will become “inactive” and a re-engagement fee of 15% of the total project cost will be assessed upon re-initiating the project. If there is no meaningful activity for 3 months the project may be terminated without refund.

Ongoing Support & Internet Marketing Services

Are subject to the above terms and are paid on a yearly, monthly or hourly basis depending on the agreement details as stated in the original estimate(s).

Refusal of Service

Whimsical Reverie Design reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Oklahoma, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Acceptance

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here and accept our Privacy Policy. Whimsical Reverie Design reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. The user should visit this page periodically to review these conditions, as they are binding to the user. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Please contact us with any questions regarding the Whimsical Reverie Design terms of service by email info@whimsicalreverie.design.

Last Updated: March 27, 2019