Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://rezolutionsdesign.com website (the “Service”) operated by Rezolutions Design (“us”, “we”, or “our”).
Your access to and use of the services offered by Rezolutions Design is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all of our clients who access, use the Service or pay our invoices.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service and all payments will be considered forfeit by 100%. By starting a project (paying an invoice) with Rezolutions Design, you have read and agreed to these terms & policies. Upon payment of the invoice, the client accepts all payments are final with no refunds regardless of the stage of the project.
Project Management Portal Participation
Upon payment of the website development invoice, the client consents to participate in our project management portal via Active Collab which we, Rezolutions Design LLC will provide upon hire. Inside of the project management portal the client is educated they must participate in providing project pre-requisites which included media content, Website Theme selections and website related content so that Rezolutions Design can create the website to completion. Failure to comply with participating in the project management portal will result in an automatic forfeit from the project. The client consents that upon forfeit they will not obtain a refund and all services are terminated.
During the final phase of the website development, Rezolutions Design will turn over the ownership portal to the client. Upon ownership transfer, Rezolutions Design will be placed as a staff account under the client’s website. If the client holds a Mid-Shopify plan membership ($79/month) or higher, they are granted a 5-year service warranty as long as they remain using Shopify as a website platform and subscribed to Shopify’s Mid plan or higher. If the client removes Rezolutions Design as a staff and/or removes the credits on the footer which states “Designed by Rezolutions Design”, by default this instantly voids out all service warranty. Any inquiries the client makes post development during void warranty will be invoiced to the client as consultation services.
As of January 30th, 2018 all projects completed which are registered under Shopify using the Basic $29/month plan will not receive Website Warranty. If a client downgrades from the Mid Shopify Plan of $79/month down to the $29/month plan, the client can request a website fix via email and the client will be invoiced depending on the complexity of the fix.
Clients who are covered under Warranty may request support by contacting firstname.lastname@example.org.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Rezolutions Design.
Rezolutions Design has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Rezolutions Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Website Development Accounts
If a client has any of the following accounts: Shopify Trial, Shopify Basic, Shopify Standard, Shopify Advance or any of the annual Shopify Plans including Shopify Plus; Rezolutions Design will develop all work by creating a new Shopify Experts account as a clean slate design. We will request the client for access to their old account in order to transfer general settings and important content related to the project. Upon website development completion, the client will take ownership of the new developer account and cancel their old account.
If the client pre-purchased an annual plan, upon website completion the client can call Shopify Support and request a partial refund of the annual plan to be transferred to the newly developed account.
If the client insists on having the development created using their old Shopify account, the client agrees to an additional $800 transfer fee and automatically void our 5-year service warranty.
Pause Clause, Project Suspensions and Project Forfeit
If a client deliverable – such as pictures, page content, approvals, mockups, sketches and/or any outstanding task from the client – is late more than 7 business days the project will be placed in Suspension and be notified via email. Upon project suspension, the client has the opportunity to reinstate the project upon contacting via email to: email@example.com within 5 calendar days from the suspension date. Upon reinstatement payment in full, the project is re-activated it will be scheduled based on Rezolutions Design’s workload and availability. Project Reinstatement fee is $600 which will be invoiced to the client and must be paid in full in order to resume the project and lift from suspension. However, if the client does not respond to our project suspension notice within the 5 day grace period the project will convert to forfeit. Upon Project Forfeit, we Rezolutions design will email the client the Theme template used to design the website along with any logos created if applicable and close the Shopify Developers account that was used to create the design. The client has the ability to reinstate the project from Forfeit but will be liable for the full cost of the project with the same terms described above.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Rezolutions Design has the right to refuse a refund request of any and all project cancellation requests from clients and or customers.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Terminated projects void out all service warranty and all training. If the client wishes to reinstate, Rezolutions Design has the right to evaluate the request and invoice the client $600 re-engagement fee if it’s in the suspension phase or the full project amount if it’s in the forfeit status.
Rezolutions Design reserves the right to solely adjust and enforce payment schedule on a project by project basis. If Rezolutions Design deems the project scheduling to be longer than initially anticipated, due to client delay, Rezolutions Design reserves the right to invoice the balance on the project, if there is a balance on the project.
Rezolutions Design is not responsible for our clients content. Our clients are expected to provide any and all content. Rezolutions Design is not responsible for any client content or the intellectual property of that content. Upon client submitting text or picture content, the client has 1 revision for a change. All future changes will be invoiced to the client or a training on how to edit and change text or images will be initiated during the final call. If the client fails to provide content from the date of request and 7 calendar days, Rezolutions Design holds the right to Terminate the Project and the client consents to accept the work as is voiding our the service warranty and any training phone calls or training sessions.
Cancellations and Forfeits: If the client cancels the project for any reason after 24 hours of the project initiation, the client agrees to forfeit all payments in full.
Forfeit: If the client has not responded in over 7 days to a request or a task in order to complete the website the project will be considered as a cancellation and forfeit all costs.
Custom Web Development Agreement
All clients that pay an invoice for Full Custom Development website will receive a website mockup by our in-house Graphic Designer. The client will provide insight towards how they want their website developed. Upon delivery of the first mockup, if the client refuses to continue development, the client is entitled to a development refund. This refund only includes the cost of creating the website. Graphic design work will not be refunded. The client also agrees that if they cancel the project, the mockup design belongs to Rezolutions Design LLC. Any form of replication will result in further legal action. Upon Custom development completion, the client has full rights and ownership of the design.
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have with us regarding the Service.
The Client agrees to indemnify and hold harmless Rezolutions Design LLC and partners against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
All designs will include our credits in the footer of your website project. If by any chance you have the credits removed, this immediately disqualifies our service warranty for any future free fixes. Alternatively, you can request service support and we can bill you for services.
If you have any questions about these Terms, please contact us.