Loading...
Terms & Conditions 2017-06-29T19:07:48+00:00

It is not necessary for a Client to have signed an acceptance of these terms and conditions for such Terms and Conditions to apply. If a Client accepts a quote or estimate, the Client will be deemed to have satisfied themselves as to the applicable Terms and to have accepted these terms and Conditions in full.

Please read these Terms and Conditions carefully. Any purchase or use of our services implies that the Client has read and accepted such Terms and Conditions.

WEBSITE DESIGN

Charges for services to be provided by Merge are defined in the project quotation that the Client receives via e-mail. Quotations can be acceptable by the Client for a period of 30 days. Merge reserves the right to alter or decline to provide a quotation after expiry of the 30 days. If services under the Quotation are begun without written acceptance of the Quotation, and Client does not provide Merge with a written notice to stop such services within twenty four hours, then such services shall be deemed accepted to be by Client under the Quotation, and shall be charged by Merge and paid by Client under the prices in the corresponding Quotation.

Unless agreed otherwise by Merge and Client, all design services require an advance payment of at least fifty (50) percent of the project quotation total before the work has begun, or as specified in the Quotation. The remaining balance of the project Quotation is due upon completion of the work, prior to upload to the Client server or release of materials, or as specified specifically in the Quotation.

Payment for services is due by bank transfer or credit card only. Bank details will be made available on invoices. Payments made by credit card will be charged a credit card fee of 3.5%, which is equivalent to the credit card processing fee charged to Merge by the credit card company. Client credit card shall be held by Merge regardless of tender of payments that will be made for the project. If Client does not pay the full invoice by the due date, then the client credit card on file shall be charged the full outstanding invoice amount on the date following the due date.

Merge will provide the Client with an opportunity to review the appearance and content of the website or other materials, as applicable, during the design phase and once the overall project is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Merge otherwise within two (2) days of the date the materials are made available to the Client.
Merge will install and publicly post or supply the Client’s website or other project materials by the date specified in the project proposal, or at date agreed with Client upon Merge receiving initial payment, unless a delay is specifically requested by the Client and agreed by Merge.

The Client agrees to delegate a single individual as a primary contact to aid Merge with progressing the project in a satisfactory and expedient manner.

During the project, Merge will require the Client to provide website content: as applicable, text, images, movies, and sound files

In order to remain efficient, we must ensure that work we have programmed or developed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website or other materials because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 15% of the project amount as a result of our opportunity cost. If your project involves Search Engine Optimization we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within three days of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. The intent of this provision is to request that you not give us the go ahead to start until you are ready to do so, as it is has the opportunity cost of another project.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system, you are able to keep your content up to date yourself.

Depending on the total project cost, either the full balance (for projects totaling $3700 or less), 75% (for projects totaling $7000 – $3701) and 50% (for projects totaling $7001+) deposit is required before any work begins. The remaining balance will be due when the final website design is approved but before it is delivered. The client understands that the final website design belongs to Merge until paid in full. In the event of termination of this Agreement, Merge owns any designs created and has the right to complete, exhibit, and/or sell the design (not including business name). Furthermore, Merge owns all the design concepts created before the final website design. The client understands that once the final invoice is paid in full, the client has the right to use the website design in all media useful for business promotion and that Merge reserves the right to display the website design for business promotional use.

Invoices will be provided by Merge throughout the project timeline depending on the time frame and cost of the project. Invoices are normally sent via email. Invoices are due upon receipt. Accounts that remain unpaid 15 days after the date of the invoice will be assessed a service charge in the amount of the higher of 2.0% of the total amount due or $50 per month, whichever is lower.

Client agrees to reimburse Merge for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins, SSL, themes, etc.
Merge Design Studio makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Merge cannot guarantee correct functionality with all browser software across different operating systems.

Merge cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Merge reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Accounts unpaid 15 days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Merge’s web space, Merge may remove all such material from its web space. Merge is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Merge reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Merge Design Studio in enforcing these Terms and Conditions.

The customer at his/her sole decision may terminate the agreement. If the termination notice is received in writing within 7 days from the date of deposit received, the development will be stopped immediately. However, 50% of the deposit will be kept as cost of service. If termination notice is received later than 7 days, the deposit will not be refunded. However the development will be stopped and the unfinished or raw work can be provided to the client if required. Any termination notice after the design demonstration will stop further development, however the payment in full needs to be paid.

Merge may terminate the contract if client demands unlawful elements during the development or if client demands beyond agreed or being bullied by the client or any kind of harassment both financially and technically by the client. Merge believes that, every problem can be solved with proper discussion and documentation. Therefore, all the requirement and instruction from the client must be in electronic format (email or word document). Merge may not accept verbal instruction.  Any refund should follow the above-mentioned principle.

All Merge services may be used for lawful purposes only. Client agrees to indemnify and hold Merge harmless from any claims resulting from Client’s use of our service that damages Client or other third parties.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Merge the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Merge permission and rights for use of the same and agrees to indemnify and hold harmless Merge from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for design services shall be regarded as a guarantee by the Client to Merge that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Unless otherwise specified in the project Quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on usb drive or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Merge to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
A link to Merge will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $7000, a fixed fee of $600 will be applied. The Client also agrees that the web design developed for the Client may be presented in Merge’s portfolio.
If the Client’s website is to be installed on a third-party server, Merge must be granted temporary read/write access to the Client’s storage directories, which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Merge will repair any defects on a website created by Merge within 30 days of delivery free of charge to Client. This warranty does not cover links that change over time, pages that become obsolete over time, content that becomes outdated over time, or other alterations that do not result from any error on part of Merge.

Merge cannot accept responsibility for any alterations caused by the Client and/or a third party to the Client’s website once installed and/or delivered. Such alterations include, but are not limited to, additions, modifications, or deletions. If alterations by the Client and/or a third party occur after Merge begins on the website and within the 30 day warranty period, the warranty provided by Merge will be voided.  The only acceptable alterations to keep the warranty from being voided are, alterations within new or existing pages limited to content, images, and page layout. However, those type of alterations will not be repaired by Merge.

Merge may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss or cancellation of the domain brought about by nonpayment or late payment is not the responsibility of Merge. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings, or agreements by or among the parties. The Client’s acceptance to the Quotation, estimate, or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
This Agreement shall be governed by Illinois Law.
Merge Design Studio hereby excludes itself, its Employees and or Agents from all and any liability from:

    • Loss or damage caused by any inaccuracy.
    • Loss or damage caused by omission.
    • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site.
    • Loss or damage to clients’ artwork/photos, supplied for the site. It is immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Merge to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,

BRANDING &  LOGO DESIGN

Within 7 business days of receiving your company information and deposit, Merge Design Studio (Merge) will create up to three different logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, Merge will make any needed changes to your favorite of the three logo designs until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at Merge’s current hourly rate.
After the final logo design is approved, the logo designs to you as digital files (.jpg, .pdf, and .eps graphics file formats).
You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. Merge retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Merge permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

Depending on the total project cost, either the full balance (for projects totaling $3700 or less), 75% (for projects totaling $6000 – $3701) and 50% (for projects totaling $6001+) deposit is required before any work begins. The remaining balance will be due when the final design is approved but before it is delivered. The client understands that the final product design belongs to Merge until paid in full. In the event of termination of this Agreement, Merge owns any designs created and has the right to complete, exhibit, and/or sell the design (not including business name). Furthermore, Merge owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the design in all media useful for business promotion and that Merge reserves the right to display the final designs for business promotional use.

Merge affirms that our logo designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Events that may delay final delivery or individual milestone delivery include:
Illness, injury, or other events beyond Merge’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

    • delays in receiving client provided content, downloadable documents, and images
    • delays in receiving client approvals
    • delays in receiving client feedback & revision notes
    • delays in receiving partial payments to initiate project or individual completed phases

The customer at his/her sole decision may terminate the agreement. If the termination notice is received in writing within 7 days from the date of deposit received, the development will be stopped immediately. However, 50% of the deposit will be kept as cost of service. If termination notice is received later than 7 days, the deposit will not be refunded. However the development will be stopped and the unfinished or raw work can be provided to the client if required. Any termination notice after the design demonstration will stop further development, however the payment in full needs to be paid.

Merge may terminate the contract if client demands unlawful elements during the development or if client demands beyond agreed or being bullied by the client or any kind of harassment both financially and technically by the client. Merge believes that, every problem can be solved with proper discussion and documentation. Therefore, all the requirement and instruction from the client must be in electronic format (email or word document). Merge may not accept verbal instruction.  Any refund should follow the above-mentioned principle.

Merge does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will Merge be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if Merge has been advised of the possibility of such damages.

PRINT DESIGN

Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.

Within 7 business days of receiving your company information and deposit, Merge will create a design concept for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost. Total project fees may be negotiated in lieu of an hourly rate. Further revisions will incur additional costs at Merge’s current hourly rate.
You, the client, have ownership of the final design for use in any media application that is beneficial to your business. Merge retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Merge permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

Depending on the total project cost, either the full balance (for projects totaling $3700 or less), 75% (for projects totaling $6000 – $3701) and 50% (for projects totaling $6001+) deposit is required before any work begins. The remaining balance will be due when the final design is approved but before it is delivered. The client understands that the final product design belongs to Merge until paid in full. In the event of termination of this Agreement, Merge owns any designs created and has the right to complete, exhibit, and/or sell the design (not including business name). Furthermore, Merge owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the design in all media useful for business promotion and that Merge reserves the right to display the final designs for business promotional use.

Merge affirms that all designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Merge agrees to provide up to 5 stock photos during the web design process. Any photos acquired by Merge for inclusion in the client’s website remain the property of Merge and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.
Illness, injury, or other events beyond Merge’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

The customer at his/her sole decision may terminate the agreement. If the termination notice is received in writing within 7 days from the date of deposit received, the development will be stopped immediately. However, 50% of the deposit will be kept as cost of service. If termination notice is received later than 7 days, the deposit will not be refunded. However the development will be stopped and the unfinished or raw work can be provided to the client if required. Any termination notice after the design demonstration will stop further development, however the payment in full needs to be paid.

Merge may terminate the contract if client demands unlawful elements during the development or if client demands beyond agreed or being bullied by the client or any kind of harassment both financially and technically by the client. Merge believes that, every problem can be solved with proper discussion and documentation. Therefore, all the requirement and instruction from the client must be in electronic format (email or word document). Merge may not accept verbal instruction.  Any refund should follow the above-mentioned principle.

Merge does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will Merge be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the printing, reproduction of, or appearance of the design, even if Merge has been advised of the possibility of such damages.