Terms of Sale for Smacking Darcy

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The following are conditions of sale that

must be adhered to before making a purchase

from Smacking Darcy Design. Please read and
understand the terms, as you will be bound by

these terms once you have made your purchase.

Terms of Sale

Permissions - Any exchange between you and Smacking Darcy, whether it be spoken, written or email, constitute permission and/or agreement regarding your project.

Upon your selection of one of our compatible content management hosts, you will receive a "New Account Information" email from the host.

You must forward that information to us as soon as possible so that your template can be installed. Upon installation and completion of your template, it is recommended that you change your password for your peace of mind. Your password and/or account information will never be shared or given to a third party without your consent.

Smacking Darcy Studios makes every effort to ensure that your product is delivered free of faults. However, should purchaser identify a fault with a product after delivery, the buyer retains the right to request amendments at no cost for a period of fourteen days from the original delivery. Any faults, requests, changes reported after that time will also be subject to an amendment fee in line with our hourly rates.

Quotes - All quoted prices for products or services are good for 30 days, after which said quotes are subject to review.

Confidentiality- All correspondence and documentation that you present will be kept confidential, unless consent has been granted by both parties involved to release said information to a third party.

Communication between parties - While you may prefer to communicate via phone call, we very much appreciate and request that you communicate via email so that there is a written log of our correspondence. This eliminates most miscommunication and keeps me on track! Bear in mind... I am a human, not a process, so feel free to call me and get acquainted and comfortable with me before we embark upon your exciting project. Love you, mean it!

832-661-4583

Opt-in policy - Upon purchase of a Smacking Darcy website design or service, you initially agree to receive email correspondence in the form of emailed updates or an occasional digital newsletter. If you elect to opt out of Smacking Darcy email correspondence, you will have that opportunity to do so in the emailed communication.

You must agree to leave my store credit intact for the lifetime of the template. The entire content of my template and custom work is © Smacking Darcy Design and is protected by Copyright. This means the entire content, including graphics, artwork, design, images, graphics cannot be broken, copied, distributed, re-used or re-sold without my explicit written consent.

All website design images remain property of Smacking Darcy Design. Designs remain as-is, unless prior design and fee arrangements have been made with me. If you have specific requests, please inform me prior to your purchase so that I can accommodate your request.

Third Party ownership rights - Please also respect third-party ownership rights and obtain legal permission of photos, material, music or video that you use on your website. If attribution is required (i.e., Photo courtesy of John's Photography) you must reflect such attribution in your website in each instance of use.

Compatibility - Website designs are for use at approved web hosting companies and cannot be installed or moved anywhere else without my permission. It is the responsibility of the purchaser to ensure that my website template and selected hosting service provider are compatible. We currently partner with PappaShop.

Refunds/Cancellations- Due to the artistic demands and OOAK nature of our product, we will not issue refunds. In the event of cancellation of a project, the initial down payment will be kept as cancellation fee. After work begins on a design project, fees that have been remitted are nonrefundable.

Payment -Payment is due in full before your website is finalized and uploaded. In the event of extra revisions, final payment is due before the project is finalized and uploaded.

Privacy - We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We will not sell or divulge your personally identifiable information to anyone unless there is an agreement between both parties. Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.

Warranty Disclaimer- Smacking Darcy Design Studio does not guarantee the accuracy or completeness of any materials contained herein. Smacking Darcy assumes no responsibility for exclusions or errors in said materials. Such materials are provided "as is" without warranty of any kind, either express or implied, including but not limited to implied guarantees of fitness to a particular purpose or infringement.

Smacking Darcy is not liable for claims of any type attribute appertaining to services and goods provided. Furthermore, Smacking Darcy is not liable for claims of any nature regarding goods and services provided, including loss of customer-furnished items or objects, any loss of profits from business interruption or loss of information within Smacking Darcy's possession, computers, storage devices or likewise.

Non-Infringement - Smacking Darcy Design Studio shall not be liable for any certain nature of damages, including, and without limitation, to lost revenue or profit resulting from the use of the aforementioned material.

Indemnity Agreement

Client agrees to further hold harmless Smacking Darcy Design Studio for any type claims pertaining to the services and goods provided, encompassing related claims of software or copyrightable materials furnished by client or from all such proprietary claims, such as theft of proprietary information, copyright claims or information, expropriation of trade secrets.

The aforementioned material on the Smacking Darcy Design Studio website is subject to change without notice and does not represent a commitment on the part of any of our designs in the future.