Fab Branding requires that your purchase of our products and services enters you into agreement and acceptance of these terms of service (“Terms of Service”). 

WHEREAS, Fab Branding  (“Fab Branding”) is internet website design company providing custom web development, web software integration, graphic design, print services, and web consulting;

WHEREAS, Customer ("you","client", "customer") seeks to engage Fab Branding for website design, graphic design, printing, and consulting purposes;

THEREFORE, in consideration of the mutual promises herein, the parties intending to be legally bound agree as follows:

 

Free Consultation vs. Billable Time

Free consultation typically covers answering questions about Fab Branding’s services and helping clients decide if they want to hire Fab Branding to perform services. If a prospective client asks Fab Branding to "work" on a website, this is billable time. Billable time includes not only making changes, but also doing research, reviewing website files or code and providing requested website assessments.

Compensation

Fab Branding only accepts compensation in US dollars. Fab Branding does not accept trade for the services that a client might offer; this includes partnerships in a client's business. Fab Branding accepts payments via credit cards/debit cards/ echecks through PayPal and accepts checks on a case-by-case basis.

Communication With Clients

All communication with clients is typically done via phone or email.

Privacy

All client information, including email addresses, username and passwords are kept confidential and not shared with any third parties.

Payment Terms

Full payment is due upon initiation of project. All payments are processed online through Fab Branding’s website or via Shopify invoice, and the client is responsible for completing the payment process.

File Backup:

Fab Branding is not responsible for archiving or guaranteeing the availability of files created for Clients. Clients are responsible for keeping backup copies of their website and graphics files in the event of an emergency. While Fab Branding may keep backup copies of work for its convenience, Fab Branding does not guarantee to keep client files for any length of time.

Domain Registration and Hosting

Selecting and purchasing a domain registrar and host are the responsibility of the client. Fab Branding recommends GoDaddy.com for domain registration because we have had good experiences with this company. Regarding hosting, we work with Big Cartel and Shopify.  Paying for and renewing domain registrations and hosting are the responsibility of clients. This is gives clients complete control over their websites.

ECommerce, Online Stores, Shopping Carts

Clients are responsible for "running" their online stores, which includes, but is not limited to: configuring product categories, adding products (including images, titles, descriptions), selecting and configuring shipping options, managing store orders, etc.

Right To Decline Service: Screening Prospective Clients

Fab Branding strives for excellence and wants all clients to be delighted with their experience with Fab Branding. Fab Branding in its sole discretion reserves the right to decline providing services to anyone who is not a good match. Fab Branding also strives to improve the quality of the internet - and to this end, only works on websites for individuals and small businesses that are of benefit to the greater internet community. Fab Branding will ask you questions about the nature of your business. 

Putting Link to Fab Branding Web Design in The Footer and Adding Your Site To Fab Branding's Portfolio

Fab Branding is proud of its work, and will typically add a link to its website in the footer of all client websites. Fab Branding may also use an image snapshot of your website with a short description and a link to your website on its portfolio page. If you, or another web developer you've hired, removes this link, you are required to notify Fab Branding and your website will be removed from Fab Branding's portfolio. Removal of this link also indicates that you no longer wish to have Fab Branding Web Design perform paid maintenance on your website in the future.

Release

Client agrees that Fab Branding may use any images or text transcriptions of Client obtained while working with Fab Branding. Client waives any right to payment, royalties or any other consideration for the use of such images or transcriptions. Client waives the right to inspect or approve the finished product, including written or electronic copy, wherein Client’s likeness appears. Fab Branding is hereby help harmless and released and forever discharged from all claims, demands and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons action on Client’s behalf of the Client’s estates have or may have by reason of this authorization.                 

 

Promotional Waiver

When customer signs up using their email they agree that we can repost the content they create using our free images for promotional purposes. lient waives any right to payment, royalties or any other consideration for the use of such images or transcriptions. Client waives the right to inspect or approve the finished product, including written or electronic copy, wherein Client’s likeness appears. Fab Branding is hereby help harmless and released and forever discharged from all claims, demands and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons action on Client’s behalf of the Client’s estates have or may have by reason of this authorization.                 

Communication Lags

In order to get your website finished in a timely manner and effectively manage our workload, it's important that you are able to respond to emails within a few days of receipt. If you’ve been emailed several times and haven't responded in 10 days, you may lose your position in the work queue. If you have not responded in 30 days, your project may be terminated with no refund. Please advise if you are going to be away for a span during the web development time so that schedules can be planned accordingly.

Refunds

Fab Branding does not offer refunds for any of its products or packages. Should a printed item be deemed defective, Fab Branding will issue a reprint or exchange on a case-by-case basis. Fab Branding does not guarantee a reprint or exchange for any of its products or packages.

 

Shipping

Fab Branding uses a 3rd party printer for all of its printed products and packages, and they determine the turn around time, estimated time of arrival, and shipping fees for all orders placed by Fab Branding. Fab Branding shall not be held responsible for lost, stolen, delayed or missing packages as this is the responsibility of the printer. 

Fab Branding offers expedited shipping on a case-by-case bases as requested by the client. Fab Branding reserves the right to deny a customer the option of express shipping if the project has progressed past the deemed time needed to ship. 

Estimated Time of Completion for Projects

Fab Branding offers a general overview of the length of time it will take to complete each project. This time frame is calculated based on production time + communication time with Client. If a client is slow to respond or is not communicating effectively with Fab Branding, this time frame will be null and void. 

If Client wishes to expedite the length of time expected to complete a project, the Client will be responsible for paying the rush fee for each project, which is determined by Fab Branding on a case-by-case basis. If a client is slow to respond or is not communicating effectively with Fab Branding, this time frame will be null and void. 

 

 

Taxes

Fab Branding shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by a customer on your website designed by Fab Branding. You agree to take full responsibility for all taxes and fees of any nature associated with such products sold on your website.

Lawful Purpose

Customer may only use Fab Branding services for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on your website.

Trademarks, Copyrights & Plagiarism

You warrant that you have the right to use the applicable trademarks on your website, graphic, and print material, if any. You also warrant that any images you provide to Fab Branding for use on your website, graphics and printed material are not owned, copyrighted or trademarked by anyone else, and that if they are, you have obtained appropriate permission. You also warrant that all text content you provide to Fab Branding for use on your website is original work.

Age

You certify that you are at least 18 years of age.

Warranty

All website, graphics and printed work is provided “as is” without warranty of any kind, either expressed or implied. Neither Fab Branding, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Fab Branding's service will be error free; nor do they make any warranty as to the results that may be obtained from having Fab Branding do website development or consulting work.

Search engines—such as Google—have their own proprietary algorithm for ranking websites for particular keywords, it is impossible for Fab Branding to guarantee any particular ranking for your website. It is likewise impossible for Fab Branding to guarantee that your Google AdWords campaign will create adequate and high quality traffic for your website. While Fab Branding strives to increase traffic to your website by following Google Quality Guidelines, there are many factors beyond Fab Branding’s control that impact your website's ranking and subsequent traffic. Therefore Fab Branding does not guarantee any particular search engine ranking or website traffic.

Limited Liability

In no event shall Fab Branding be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability of clients to use their website.

You expressly agree that use of Fab Branding's services is at your sole risk and you will personally test and accept the results of the services promptly after the completion of the services by Fab Branding.

Under no circumstances, including negligence, shall Fab Branding be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use your website; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to your records, programs or services. You hereby acknowledge that this paragraph shall apply to all work done by Fab Branding.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Fab Branding harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Fab Branding, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Fab Branding Web Design against Liabilities arising out of—

1. any injury to person or property caused by any products sold or otherwise distributed in connection with a website designed or maintained by Fab Branding;2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;3. copyright infringement;4. any defective product which Customer sold on using a website designed or maintained by Fab Branding Web Design;5. any action taken by Customer as a result of consulting with Fab Branding.

In any such indemnification action, Fab Branding shall have the right to engage its own counsel.