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Terms of Services

WeGather.Studio / Updated April 21, 2020

This Services Agreement (the “Agreement”) contains the complete terms and conditions that govern your subscription to Graphic Design, Website Design and Development Services, and other Internet-related services provided by WeGather.Studio (the “Services”). As used in this Agreement, WeGather.Studio and “Client”, “you”, or “your” means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the WeGather.Studio site. As referred to in this Agreement, “Site” refers to a World Wide Web site, and “WeGather.Studio Site” refers to the Site located at the URL https://www.wegather.studio/ or any other successor Sites owned or maintained by WeGather.Studio. The following terms and conditions apply to all website development/design services provided by WeGather.Studio to the Client.

Authorization

Client is engaging WeGather.Studio, as an independent contractor for either one of the following services:

  • Graphics Design Services
  • Web Design & Development Services
  • Book Cover Design Services
  • Logo & Branding Services
Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote/proposal, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Charges for services to be provided by WeGather.Studio are defined in the project proposal that the Client receives via e-mail. Quotations are valid for a period of 15-30 days. WeGather.Studio reserves the right to alter or decline to provide a quotation after the expiry of the 30 days. Unless agreed otherwise with the Client, all services require an advance payment of a minimum of sixty (60) percent of the fee before the project commences. The mentioned 60 percent advance payment is also considered non-refundable. The remaining forty (40) percent of the package fee is due upon completion of the work, prior to upload to the server or release of materials. Payment for services is due by cheque, PayPal, Wise, GCash, or bank transfer. Cheques should be made payable to Gian Philipp B. Rufin and sent to Gian Philipp B. Rufin. Paypal, GCash, and Bank details will be made available on the invoices.

Client Review
  • Design Projects: WeGather.Studio will provide the Client with an opportunity to review the project during the design phase and once the overall design project is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies WeGather.Studio otherwise within ten (10) days of the date the materials are made available to the Client.
  • Website Development: WeGather.Studio will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies WeGather.Studio otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time and Content Control

WeGather.Studio will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with Client upon WeGather.Studio receiving initial payment unless a delay is specifically requested by the Client and agreed by WeGather.Studio. In return, the Client agrees to delegate a single individual as a primary contact to aid WeGather.Studio with progressing the commission in a satisfactory and expedient manner. During the project, WeGather.Studio will require the Client to provide website content; text, images, videos, and sound files.

Failure to provide required website content

WeGather.Studio is a small business, and to remain efficient we must ensure that the work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries 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 because we have not been given the required information in the agreed time frame, WeGather.Studio is giving you a 2-month provision for the content. If you fail to provide the content 2 months after this agreement has been approved, we reserve the right to close the 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.

Payment

Invoices will be provided by WeGather.Studio upon acceptance of the Proposal. The remaining 40% balance shall be settled by the Client before publishing the live website or before proceeding with the turnover. Invoices are normally sent via email.

Additional Expenses

Client agrees to reimburse WeGather.Studio for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, plugins, etc. A $35 per hour surcharge is also applicable for the following:

  • Full page re-design
  • Plugin installation (Applicable only after completion of the work)
  • Add & design a page
  • Other support tasks

WeGather.Studio uses a time tracker software called Top Tracker.

Web Browsers

WeGather.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, Safari, Google Chrome, etc.). The Client agrees that WeGather.Studio cannot guarantee correct functionality with all browser software across different operating systems. WeGather.Studio cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, WeGather.Studio 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.

Default

Accounts unpaid thirty (30) days after the date of the invoice will be considered in default. If the Client in default maintains any information or files on WeGather.Studio’s webspace, WeGather.Studio will, at its discretion, remove all such material from its web space. WeGather.Studio 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. Cheques returned for insufficient funds will result in the Client’s account being immediately considered to be in default until full payment is received.

Termination
  • Termination Process: Termination of services by the Client must be requested in a written notice and will be under evaluation. Telephone requests for termination of services will not be honored until and unless confirmed in writing.
  • Refund: If the Client halts work, the 60% initial downpayment is non-refundable. If at the time of the request for a refund, work has been completed beyond the amount covered by the initial downpayment, the Client shall pay all Expenses, Fees, and Additional Costs incurred through the date of termination.
  • Intellectual Property: Theme and plugin licenses that are purchased by the Client are considered as the property of the Client. If the Client wishes to terminate the services and has paid for all the commenced work on the project, WeGather.Studio must turn over all Client’s properties before deleting it on their server. Deletion of these will be 20 days from the termination date. WeGather.Studio is not responsible for any loss of data incurred due to the termination of the service.
  • Confidential Information: On expiration or termination of this Agreement: each party shall return or, at the disclosing party’s request, destroy the Confidential Information of the other party, and all rights and obligations regarding Confidential Information shall survive.
Copyright

The Client retains the copyright to data, files, and graphic logos provided by the Client, and grants WeGather.Studio the right 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 WeGather.Studio permission and rights for use of the same and agrees to indemnify and hold harmless WeGather.Studio from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. This agreement shall be regarded as a guarantee by the Client to WeGather.Studio that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

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 a thumb drive, CD, 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 WeGather.Studio to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.

Website & Design Credit

A link to WeGather.Studio will appear in either a small type or 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. The Client also agrees that all projects delivered by WeGather.Studio for the Client may be presented in WeGather.Studio’s portfolio. While this is WeGather.Studio’s standard, the Client may request to remove the credit from the project.

Access Requirements

If the Client’s website is to be installed on a third-party server, WeGather.Studio 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.

Post-Placement Alterations

WeGather.Studio cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.

General

These Terms and Conditions supersede all previous representations, understandings, or agreements. The Client’s signature or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Liability

WeGather.Studio hereby excludes itself 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 causes in the production of the website;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
Contact Information

WeGather.Studio
Contact Person: Yasmin Rufin
Website: https://www.wegather.studio/