Terms & Conditions

Our Terms & Conditions page was last updated and posted on March 17, 2016.

 

Job Orders & Estimates:

When work is requested from Blue Ocean Branding a job order is prepared. Estimates are prepared for large or complex projects. These job orders and estimates apply only to the original stated job description and specifications. When the work to be done is on a RUSH or overtime basis, any additional costs incurred due to such circumstances will be reflected in the billing. All estimates are valid for a period of ninety (90) days. Invoices will be prepared for actual time spent, regardless of the estimated time.

You‘ll have plenty of opportunities to review our work and provide feedback. We‘ll share our working concepts with you and have regular contact. If, at any stage, you‘re not happy with the direction our work is taking, you‘ll pay us in full for everything we‘ve produced until that point and cancel this contract. Deposits are non-refundable for any reason.

Text content

Unless included in the deliverables, we‘re not responsible for writing or inputting any text copy.

Images

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you‘d like us to search for photographs for you, we can provide a separate estimate for that.

Changes and revisions

Estimates or job orders include one design with 1 round of revisions unless otherwise specified. We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don‘t want to limit your ability to change your mind. The prices estimated in this contract are based on the length of time we estimate we‘ll need to accomplish everything you‘ve told us you want to achieve, but we‘re happy to be flexible. If you want to change your mind or add anything new, that won‘t be a problem as we‘ll provide a separate estimate for that.

Liability

We can‘t guarantee that our work will be error-free and so we can‘t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you‘ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our contract and shall not affect the validity and enforcability of any remaining provisions.

Copyrights

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you‘ve permission to use them.

Then, when your final payment has cleared, you‘ll own the visual elements that we create for this project.

When we utilize stock images or other content that are licensed by a third party, that party retains ownership of the content in question according to the terms of their own license agreements. For example, if we use a stock photo on your site, you typically pay for the license to use the photo on your site but you do not own that photo. If you have questions about licensing issues like this, please ask.

We love to show off our work and share what we‘ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.

Web Sites

The web site design we create for you is licensed by us to you for one domain only (www.yourname.com). It may not be redistributed, resold, or modified for another domain in any way. If you would like to use your site or theme on additional domain(s), please let us know and we will provide a quote for additional licensing. We’re easy to work with on this and the cost is typically minimal. Any custom graphics, images, or photography we develop belongs to you as it is displayed on your web site. If you require high-resolution versions of any images or photographs we develop (for use in print, advertising, merchandise, etc.), additional licensing may be required. And again, we’re easy to work with on this.

During the process of creating your web site, we will create various types of code, functionality, and processes. While this work is used on your web site, we retain ownership of these as our intellectual property and reserve the right to use them on future web sites as well. We also reserve the right to use any part of any theme we develop in future projects. The re-use of code and visual elements helps us serve our future clients better just as your web site will benefit from things we have learned and developed in our previous projects.

Browser testing
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person‘s experience of a design should be appropriate to the capabilities of a particular browser or device.

Desktop browser testing
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

Mobile browser testing
Testing popular small-screen devices is essential in ensuring that a person‘s experience of a design is appropriate to the capabilities of the device they‘re using. We test our work in current versions of mobile browsers.

Web Hosting and Maintenance

Web hosting and site maintenance services are on a month-to-month basis. Either party can choose to terminate with written notice. Hosting/maintenance accounts are automatically charged to your credit card on file.

Payment is due on the billing date.

Suspension
Unpaid accounts may result in suspension of your web hosting and maintenance services. We will send a notification email regarding unpaid accounts before suspending a past-due account.

Your first email serves as a warning. We will provide instruction on how to make a payment to avoid disruption of your services.

Your account will be suspended when the final email notification is sent out if we have not received payment.

Termination
If the outstanding balance is past due more than 30 days or the automatic monthly billing is cancelled, your hosting/maintenance account will be terminated for non-payment. All web site files will be permanently removed from our servers.

Updates

We reserve the right to modify our Terms & Conditions at any time. You should review this document frequently. If we make material changes to our terms, we may notify you on our website, by a blog post, by email, or by any method we determine. The method we chose is at our sole discretion. We will also change the “Last Updated” date at the beginning of this page. Any changes we make to our Terms & Conditions are effective as of this Last Updated date and replace any prior Terms & Conditions.

Questions About Our Terms & Conditions

If you have any questions about our Terms & Conditions, please contact us.