Terms & Conditions

Quotation, Project Commencement, and Other Charges

1. Elerium Design charges according to the amount of time utilized on a project. There will be no exceptions to this rule.
2. All work is rounded up in half-hourly increments. For example, 18 minutes of work would be charged as 30 minutes of work.
3. Quote pricing is not an invoice for payment.
4. Total price, rate, hours, and job description are subject to change and may exceed or fall below the quote.
5. Client will be notified in advance of any additional charges due to extended consultation time and/or further work, as requested by the client or deemed necessary by the designer.
6. The client understands that any services requested by the designer including 1) mailing of documents, CDs, floppy disks, and other project-related items, 2) long distance phone calls and faxes, 3) purchase of copyrighted photos and graphics, and 4) any other additional services not specified in the quote above that utilize the designer's time or money will be billed directly to the client.
7. Initiation of this project signifies acceptance of this quote. Work on a project will only begin after the quote is accepted by both Elerium Design and the client, and initial payment is received by Elerium Design.

Copyright

1. The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Elerium Design for inclusion in the Web Design Project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Elerium Design and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the client.

Payment

1. Payment must be received by mail in the form of a certified check or postal money order. Elerium Design does not accept credit cards, personal checks, or cash.
2. After accepting the quote, the client must pay a deposit of 25% the quoted price to initiate work. The balance will be due at the completion of the project.
3. Initial deposit is understood by the client to be non-refundable unless a written request from the client to terminate the project is received by Elerium Design within (7) days of receipt of the deposit.

Project Completion and Delivery

1. The client is responsible for providing Elerium Design with the necessary materials and information in order for the project to be completed.
2. Elerium Design shall not be liable for delays in the completion of the project due to acts of god, web hosting and other internet issues, and/or failure of the client to provide necessary materials and information in a timely manner.
3. Original web site content specifically requested by the client and designed under work for hire shall be the intellectual property of the client once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. Elerium Design and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
4. The project shall be completed upon receipt of full payment for services rendered by Elerium Design. The client understands that Elerium Design does not provide hosting or domain reselling services in connection with this project.
5. The client has (14) days from the completion of the project to report bugs, errors, or corrections and request minor text and graphical changes to the website from Elerium Design. All reports and requests made after (14) days from completion will be charged the appropriate rate depending on the type of service.

Indemnification

1. The client agrees that it shall defend, indemnify, save and hold Elerium Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Elerium Design, its agents, its clients, and subcontractors, that may arise or result from any service provided or performed or agreed to be performed, including hosting, domain registration, web design and software design.
2. The client agrees to defend, indemnify and hold harmless Elerium Design against liabilities arising out of any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party and copyright infringement

Disclaimer

1. Elerium Design will not be responsible for any damages to the client's business or for other financial losses resulting from services provided by Elerium Design.
2. Elerium Design makes no warranties of any kind, expressed or implied for services provided. Elerium Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of business or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Elerium Design and its agents.
3. Elerium Design's financial liability is restricted to the price paid for the service provided.
4. Elerium Design reserves the right to revise its policies at any time, and to revise these terms and conditions at any time without notice.