Terms and Conditions
By engaging in business with 95Visual LLC, you agree to the following terms and conditions. Please read them carefully to understand your rights and obligations. These terms may ONLY be altered by a written contract with 95Visual LLC.
1. Payment Terms and Workflow
a. Payment Terms
A non-refundable deposit is required to commence work. Communication between 95Visual and the Client is crucial during this phase to ensure that the final deliverables match the Client's needs. Upon acceptance of the basic site design, work on the project will proceed.
Payments will be processed via electronic debit from the Client’s bank account or charge to the Client’s credit card, as authorized by the Client. This authorization remains effective until canceled in writing. Electronic debits must comply with United States law.
b. Completion Date
The Client agrees to provide all required materials within thirty (30) days of payment or starting the project. Delays in providing necessary information may delay the project and incur additional fees, including:
- Active Project Fee: Monthly fee for ongoing delays.
- Late Asset Fee: $500 per month if no Active Project Fee is applied.
c. NSF Fees
A $50 fee (or maximum legal limit) will be charged for returned checks. 95Visual may debit this fee directly from the Client’s account.
d. Late Payments and Delinquency
Payments not received by the due date will result in work cessation. 95Visual reserves the right to suspend ANY/ALL services until overdue balances are cleared. The Client agrees to pay all collection/interest fees incurred.
e. Rate Changes
Hourly rates may increase for Clients who fail to respond promptly or impair efficient workflow.
f. Property
All materials or work performed by 95Visual may be retained as security until all outstanding claims are resolved.
g. Ownership
Upon full payment, the Client receives non-transferable ownership of the finished work. Source files, unused concepts, and proprietary tools remain 95Visual's property unless otherwise agreed.
2. Amendments and Modifications
a. Client Amendments
Moderate design changes during design or development requiring up to 2 hours of work are included during development. Significant modifications exceeding 2 hours or involving substantial changes (e.g., redesigns, new layouts, or logo updates) will incur an hourly fee.
b. Third-Party or Client Page Modification
If the Client or a third party modifies the website and damages its functionality or design, repair work will be billed at an hourly rate.
3. Copyrights, Trademarks, and Accuracy
a. Copyrights and Trademarks
The Client guarantees that all materials provided (e.g., text, graphics, logos) are either owned by the Client or used with permission. The Client agrees to indemnify 95Visual against claims arising from unauthorized use.
b. Accuracy of Information
The Client is solely responsible for the accuracy of information provided. 95Visual is not liable for errors resulting from inaccurate or incomplete information furnished by the Client.
c. Accuracy of Final Work
The Client assumes responsibility for final proofing and acceptance of work. 95Visual is not liable for errors in Client-provided content or changes to third-party systems (e.g., APIs).
4. Legal Compliance and Accessibility Standards
a. Legal Compliance
The Client is responsible for compliance with all applicable laws, taxes, and tariffs. 95Visual may offer guidance but is not liable for legal non-compliance.
b. Web Accessibility Compliance
95Visual will make recommendations to improve the websites accessibility to align with the Web Content Accessibility Guidelines (WCAG) 2.1 standards. However, 95Visual can not provide legal compliance advice. Ongoing compliance is the Client’s responsibility.
c. Ongoing Compliance Responsibility
The Client is responsible for maintaining compliance with evolving accessibility and legal standards after launch. 95Visual is not liable for non-compliance unless a separate agreement for ongoing remediation is established.
5. Meetings, Approvals, and Communication
a. Meetings and Approvals
The Client agrees to attend all required meetings with authorized decision-makers. Approvals for milestones and sign-offs must be provided within agreed timelines. Non-responses by the Client will be considered approval.
Missed or canceled meetings without 48 hours' notice may incur fees at 95Visuals hourly rate. Delays in communication or approvals may affect project timelines and budgets.
b. Office Hours and Communication
Office hours are Monday through Friday, 9:00 am to 5:00 pm (PST). Email and video calls are the primary methods of communication. Phone calls over 15 minutes and meetings must be pre-scheduled and may be billed.
6. Client Responsibilities
a. Furnishing Information
The Client is responsible for providing clear, accurate, and complete materials necessary for project completion. Delays in providing information may impact timelines and incur additional costs.
b. Collaboration
95Visual and Client are expected to collaborate professionally. Poor planning or miscommunication by the Client will not constitute an emergency for 95Visual.
7. Portfolio Credit
The Client grants 95Visual the right to use non-confidential elements of the completed project for promotional purposes, including but not limited to portfolios, marketing, and training materials. This may include the Client’s name, logo, and website. While Clients may request an opt-out option, the Client acknowledges that 95Visual relies on showcasing past work as a method of advertising. Opting out of this usage may limit 95Visual’s ability to attract future work and will result in an increased project cost for the Client.
8. Dispute Resolution and Governing Law
All disputes will be resolved through arbitration or mediation in Santa Clarita, California. This Agreement is governed by California law.
9. Billing & Usage Rates for Bring On The Leads
To view 95Visual billing & usage rates for services included within Bring On The Leads, Give A Review, and Smart Text Back Click Here.
10. Additional Terms & Conditions
By continuing to engage with us, you agree to these terms and conditions. If you have any questions, please contact us directly for clarification.