By choosing CreativelyBeba you are agreeing to these terms of design.
Payments
Payments will only be accepted via Maybank(MYR) and PayPal(USD). I will need 50% deposit for jobs that cost more than RM400 or full payment before I can start designing depend on the type of service you ordered. In the case of deposit, I will need the full amount to be settled before I can send the files to you or install it for you.
Wait time
Wait time depends on how many clients I have on the current wait list. Once the payment is confirmed your name will be put in my waiting list.
Copyright
You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the web design or any other graphics or artworks are either owned by your good selves, or that you have permission to use them.
When I have received your full payment, copyright is automatically assigned as follows:
- You are granted one-time usage of the graphics and other visual elements that I created for you for this project. You may not re-use any parts of the graphics or illustrations in other websites or in printed medium without my permission.
- You owned the text content, photographs and other data you provided, unless someone else owns them.
- I own the markup, CSS, other source codes and the source files for any graphics, illustrations or other visual elements created.
For blog or Opencart template, blog header, slideshow banners in Opencart and Facebook Cover Photo or any designs (Logo excluded), it can only be installed or used in 1 Domain Name which is specified in each project.
You are NOT allowed to crop or edit any of the designs as mentioned in the previous sentence and use it on other Domain Name without my permission (i.e: You cannot edit the blog header that I’d created for you and use it as your Facebook Timeline Cover Photo)
If in any case after the development or design period ended, and you want to use my graphics, artworks or designs created for you in this project on any other mediums not provided for you in this project, either you want to hire other designer or you do it yourself, you will need to purchase a separate license. You will not need to purchase any additional license for the graphics, artworks or designs if you hire me to do the work.
I reserve the right to display and link to your completed project as part of my portfolio and to write about the project on websites.
Template and Contents Back Up
For blog makeover or any template redesign, it is strongly recommended that you backup your template and contents of your website before the makeover begins. Nothing has ever been lost during one of my makeovers, but as the blog or website owner, it is your responsibility to backup your template in case of any accident. I will not be held responsible for any damages including lost data or loss profits.
Design Flows and Revisions (Blog Makeover & Web design)
In the designing process, you will have up to 3 major revisions to your design draft. Additional charge applied for any major modification done once you have exceed the limit. All changes for the first through third revisions must be send to me in one single email for each revision.
First and second drafts will be presented to you in a flatten image file, and once approved I will proceed to convert the draft into a template. The third draft will be in form of a workable template. No major changes (i.e: template layout from 3 columns to 2 columns and etc) are allowed after I’ve submitted the third design draft.
I will hold your files and pictures for 7 days.
If you need adjustments made to your template after the 7 days period, you will be billed according to my current hourly design rate. Under no circumstance will I be able to email your any files I have used or created for your template design after the 7 days period.
Custom Code Requirements
Any custom requirement involving custom code in templates or plugins will be charge accordingly depending on the complexity of the function(s) required. The code will be written to be compatible with the latest version of either WordPress or Opencart installation available during the project development period.
In any case that you want to upgrade your WordPress or Opencart system into a newer version available after the development period ended, CreativelyBeba will not be held responsible if in any way the custom codes do not work as intended or stopped working altogether which both scenarios are rare unless the system provider(for WordPress and Opencart) make a major update on their core files.
The cost to fix the custom codes depend on the complexity to make the codes work again. If the solution can be done in less the 15 minutes, no additional charge will be required.
Facebook Fan Page
I’m using 3rd party app to setup Custom Tabs for Facebook fanpage to take advantage of their free SSL support server, without SSL support your users won’t see your custom tab contents if they are using Facebook with HTTPS enabled. By using this 3rd party app I’m able to charge you with one time payment.
I cannot guarantee that these 3rd party server and host will remain free forever. If somehow in the future they decide to change their policy I will not be held responsible for any lost of images or any broken scripts on your Facebook fan page Custom Tabs or any other damages including lost data or loss profits.
Facebook have lay down several items that cannot be included in a cover photo.
- Price or purchase information, such as “40% off” or “Download it at our website”.
- Contact information such as a website address, email, mailing address, or information that should go in your Page’s “About” section.
- References to Facebook features or actions, such as “Like” or “Share” or an arrow pointing from the cover photo to any of these features.
- Calls to action, such as “Get it now” or “Tell your friends”.
If you still want me to include one or several or all of the items mentioned above I will not be held responsible if Facebook decided to take any action.
Communication
You will receive communication from me via email. It is your responsibility to answer emails in a timely manner as to not hold up the design process. Should you not respond to my email within 48 hours period your design work will be placed on hold and work will begin on the next design on the wait list.
You can also communicate with me via Yahoo Messenger (By request) or via Facebook.
Hosting and Domain
I strongly recommend you to buy and manage your own hosting and domain by yourself. But if you choose CreativelyBeba to manage your web host and domain, a recurring annual payment of RM 150 will have to be made to me for the renewal of both domain and hosting account. The payment must be made promptly every year to avoid both hosting and domain to be suspended. I will not responsible for suspension or termination of the domain and hosting account due to failure or late payment by you which resulting me to not be able to renew both accounts on your behalf.
All the files are hosted by a third-party, and I have the right to move your files to another hosting provider as I deemed fit.
Refunds
Full payments or Deposits are non-refundable and due to the nature of the business, CreativelyBeba is unable to make refunds on services. If you are unsatisfied with the services, please send an email and I do my best to meet your expectations.
Credit
For each blog makeover or web design and development completed, CreativelyBeba will place a single link in the footer for design credit. By choosing CreativelyBeba for this design or web development service, you agree to keep the link there until you decide (if/when) to change your blog or website layout or system.
Privacy
None of your login information will be shared or stored. All communications between CreativelyBeba and the client will be treated as private and confidential between both parties.
Legal
I can’t guarantee that the functions contained in any web pages, templates or in a completed website will always be error-free and so I can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised me of the possibilities of such damages.
If any provision of this design term shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this design term and shall not affect the validity and enforceability of any remaining provisions.
If you or an agent other than me attempts to update the site’s pages, infrastructure, or source codes in a way that causes damage to individual pages or the site’s architecture, time to repair web pages will be assessed at triple the hourly rate, and is not included as part of the updating time or this design term.
Acceptance of Terms
Please note that by making a deposit or a full payment you have confirmed that you have read, understand, and agree that you will be bound by CreativelyBeba Terms of Design.
In addition, this Terms of Design may be changed or updated by CreativelyBeba from time to time without any prior notice to you. Changed terms and conditions will become valid upon being posted on creativelybeba.com. Your continuous use of the mediums (i.e: banners, templates etc..) I produced for you signifies your acceptance of the change of terms.