Terms and conditions

 

PARTIES TO THE TERMS OF USE AGREEMENT

 

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Client,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

By using our services, the client agrees to abide by the following terms.

 

Online Advertising and Marketing Services

VKL Design Studio (next "VKL DS") offers a variety of services to help improve a website’s online visibility. By engaging us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us.

 

VKL Design Studio provides search engine marketing, optimization and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, ASK, AOL, Marchex, InfoUSA, Yellowpages.com, Superpages.com, Yellowbook.com, Yelp, Acxiom, Localeze, TrueLocal, local.com, CitySearch, MagicYellow, Dex, YP.com, iBegin, YellowBot, Insider Pages, Kudzu, Merchant Circle, OnStar, local online newspapers, Facebook, Twitter, LinkedIn, YouTube and other sites. The terms and conditions of these providers all apply. VKL Design Studio will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.

 

Web Development Services

Your signed agreement will contain more information than what is listed below.

 

 

DEFINITIONS

 

Agreement means the Project Estimate, Terms and Conditions and any other attached documents. Project means the scope and purpose of the Client’s identified usage of the work product as described in the Project Estimate. Services means all services and the work product to be provided to Client by VKL Design Studio as described and otherwise further defined in the Project Estimate. Final Deliverables means the final versions of Deliverables provided by VKL Design  Studio and accepted by Client.

Deliverables means the services and work product specified in the Project Estimate to be delivered by VKL Design Studio to Client. Client Content means all materials, writing, images or other creative content provided by Client used in preparing or creating the Deliverables.

Third Party Materials means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.

VKL Design Studio Tools means all design tools developed and/or used by VKL Design Studio in performing the Services, including pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, and navigational and functional elements.

 

VKL DESIGN STUDIO SERVICES (VKL DS) shall perform the services listed the Scope of Work according to the Project Estimate.

 

 

CHANGES TO PROJECT SCOPE

 

Change Request:

If Client wants to change the Scope of Work after acceptance of this Agreement, Client shall send VKL Design Studio a written Change Order describing the requested changes in detail. Within 5 days of receiving a Change Order, VKL DS will respond with a statement proposing VKL DS availability, additional fees, changes to delivery dates, and any modification to the Terms and Conditions. VKL DS will evaluate each Change Order at its standard rate and charges.

 

Major Change:

If Client requests are deemed a Major Change required to produce Deliverables, or the value of the Scope of Services, VKL DS shall be entitled to submit a new and separate Estimate to Client for written approval. VKL DS shall not begin work on the revised services until he receives a fully signed revised Estimate and any additional fees.

 

Minor Change:

If Client requests are not Major Changes, Client will be billed on a time and materials basis at VKL DS current hourly rate. Such charges shall be in addition to all other amount payable under this Agreement, despite any maximum budget, contract price or final price identified. VKL DS may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes.

 

Acceptance/Rejection:

Client will have 20 calendar days to respond in writing accepting or rejecting the new Estimate. If Client rejects the Estimate, VKL DS will not be obligated to perform any services beyond those in the original Agreement.

 

 

DELAYS

 

VKL DS shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule.

VKL DS may extend the due date for any Deliverable by giving written notice to Client.

 

Client Delays:

Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverable. Delays beyond 3 months may result in additional fees that may be caused by, but not limited to, browser updates or software updates that could not be handled due to the delay.

 

General Delays:

Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay.

 

 

EVALUATION AND ACCEPTANCE

 

Testing:

VKL DS will test and correct Deliverables using commercially reasonable efforts before providing Deliverables to Client.

 

Approval Periods:

Client shall, within 10 business days after receiving each Deliverable, notify VKL DS in writing of any failure to comply with the specification of the Project Estimate or of any other objections, corrections or changes required. VKL DS shall correct and submit a revised Deliverable to Client.

Client shall, within 10 business days of receiving a revised Deliverable, either approve the corrected version or make further changes.

This is limited to errors and not for additions or changes to the original Project Scope. If Client fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted.

All objections, corrections and changes shall be subject to the terms and conditions of this Agreement.

 

 

CLIENT RESPONSIBILITIES

 

Client acknowledges that it is responsible for performing the following in a reasonable and timely manner:

(a) Provide Client Content in a form suitable for use in the Deliverables without further preparation by VKL DS, unless otherwise specified in the Project Estimate;

(b) Proofread all Deliverables. Client will be charged for correcting errors after the acceptance of any Deliverable;

(c) Make decisions regarding other parties.

 

 

ACCREDITATION AND PROMOTION

 

Accreditation:

VKL DS shall be entitled to place accreditation, as a hyperlink or otherwise, in the form, size and location as incorporated by VKL DS in the Deliverables on each page of the Final Deliverables.

 

Promotion:

VKL DS retains the right to reproduce, publish and display the Deliverables in VKL design Studios’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.

 

Promotional Approval:

Either party, subject to the other’s reasonable approval, may describe its role in the Project on its website and in other promotional and marketing materials, and, if not expressly objected to, include a link to the other party’s website.

 

Automatic Renewals (recurring billing)

Your program subscription is valid for the full duration of the length of the subscription plan you have selected, (usually this is ongoing until you cancel your service). You will be automatically re billed under the terms of your subscription service. If you wish to cancel your recurring billing, please prov