Intensive Terms and Conditions

Package: Client chooses Designer’s Web Design Intensive package.

Services: In this Agreement, “Services” means any and/or all of the services included in this section. Designer shall provide Client only the service selected at the time of booking.

Project Hours: Designer shall provide Client with one 4-hour block for half-day selection or one 8-hour block for full day selection. The Parties shall agree on an acceptable date and time for conducting the session, but the manner by which the consultation shall be conducted shall be at the discretion of the Designer. In most instances, this consultation is conducted via phone, video chat, or in person.

Schedule: Designer shall deliver Services in a reasonable amount of time. Client must respond to any Designer communication within a reasonable amount of time.

File Storage: Digital copies of designs produced in the course of fulfilling this Agreement will be stored until delivery of final designs and/or products. After the delivery date, Client releases Designer from any and all liability for lost or damaged files or designs.

Deliverables: Website additions, adjustments, or updates will be agreed upon at the start of the project block. The fulfillment of the items will be completed within the scheduled session unless otherwise agreed upon by both parties. If the Client's website modifications exceed what is reasonable within the selected timeframe, Designer reserves the right to require additional time to be scheduled.

COST, FEES, AND PAYMENT

Cost: The total cost ("Total Cost") for all Services is due in full at time of booking.

Late Fees: If Designer does not receive payment from Client within fourteen calendar days of any payment date, then Client will be charged a late fee of 1.5% of the outstanding amount per each day that Designer does not receive payment. If Designer has made reasonable attempts to notify Client of Client’s outstanding balance, and Client’s balance remains unpaid or partially paid, then Designer reserves the right to send Client to collections for any and all outstanding payments. Client agrees to pay for all Designer’s reasonable collections and legal costs encountered while attempting to collect against Client.

• For example, Client owes Designer $1000 due on April 1 and fails to pay by April 14th. On April 15th, Client owes Designer $1015. On April 16th, Client owes Designer $1030.23. On April 17th, Client owes Designer $1045.68, and so on.

Expenses: Any expenses incurred by Designer while providing Client with Services will be invoiced to Client in a timely manner. Client is responsible for paying for and delivering any third-party software licenses or products Client wishes Designer to utilize. At the Designer’s discretion, Designer will make reasonable efforts to integrate Client’s suggested software or products.

Confidentiality: Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (known as “Confidential Information” in this Agreement) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.

Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of this Agreement.

This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third-party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third-party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.

Relationship of the Parties: Designer and any related subcontractors are not employees, partners, or members of Client’s company or organization. Designer has the sole right to control and direct the means, manner, and method by which the services in this Agreement are performed. Designer has the right to hire assistants, subcontractors, or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA), registrations, or permits. Client is not responsible for paying for any benefits, Workers Compensation, insurance, or unemployment fees to Designer.

INTELLECTUAL PROPERTY

Copyright: Any and all work created as a result of Designer’s Services is considered a work for hire and are expressly assigned to and owned by Client upon full and final payment. Designer retains the right to use artwork and final products as samples of services for marketing or Designer’s other business development needs.

Non-exclusive License: Designer grants to Client a non-exclusive, worldwide license of designs produced with and for Client for commercial or personal use so long as Client provides Designer with attribution each time Client uses Designer’s property unless and until Designer assigns any copyright to Client. Designs will be deemed properly attributed to Designer when it would be obvious to any reasonable observer, reader or viewer that Kristi Hanson provided the design for Client’s use.

Trademark Ownership: Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.

RELEASES AND LIMIT OF LIABILITY

Approvals: It is Client’s sole responsibility to make sure the design(s) are free of errors, such as spelling, informational or grammatical errors, prior to printing.

Third-party apps. Changes and updates to third-party apps such as Squarespace and Shopify are inevitable. Hence, designer is not liable for any hosting, development, maintenance or other services where the Designer’s finished Services are incorporated. Client agrees that additional work related to platform changes shall be costed accordingly.

Browser Compatibility and Responsiveness. The Designer adheres to industry-standard best practices in the development of websites and avoid using non-standard or experimental browser features. The Client acknowledges that designs will be optimized for the two latest versions of Chrome, Firefox, and Safari. While Designer strives for cross-browser compatibility, it is important to note that websites may not appear identical on all browsers. Designer will comply with responsiveness standards and optimize designs to work seamlessly on key screen sizes. However, the Client acknowledges that layouts will not look exactly the same across all screen sizes and devices.

Any additional browser compatibility beyond these key browsers, such as Internet Explorer or Edge, will be considered a separate aspect of the project and will require additional discussion and agreement. Any additional work required for browser compatibility beyond the key browsers may result in additional fees or project timelines.

File Storage Release. Designer stores all project assets, designs, codes and correspondences during the project. After termination of the agreement, Client releases Designer from any and all liability for lost or damaged files or designs and Client acknowledges full responsibility in backing-up files and content.

Accessibility. The Designer shall make reasonable efforts to ensure that the deliverables are designed and developed to be accessible in accordance with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. However, the Designer cannot guarantee full compliance with the WCAG 2.1, Level AA guidelines and acknowledges that accessibility standards may evolve over time. The Client understands that while the Designer will make every effort to provide an accessible solution, it is the Client's responsibility to regularly monitor and maintain the website to ensure compliance with the latest accessibility guidelines. If the Client requires a guarantee of full accessibility compliance, it is recommended that the Client engage third-party vendors to provide constant monitoring and maintenance services. The Designer shall not be held responsible for any legal implications regarding accessibility.

Loss of Designs: In the rare event that any or all designs are lost through the fault of the Designer, such as damage to the computer or equipment, or stolen computer or equipment, Designer shall either re-create any work created within a reasonable amount of time, or refund Client the corresponding percentage of lost designs. For example, if 30% of the original designs are lost, Designer shall refund 30% of the Total Cost.

Maximum Damages: Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Designer.

Limit of Claim: If Client wishes to pursue legal action arising out of or related to this Agreement, the claim must be filed on or before June 1, 2025.

Indemnification: Client agrees to indemnify and hold harmless Designer, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees, and officers from any and all claims, causes of action, damages, or other losses arising out of, or related to, the Services provided in this Agreement. Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees, or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force Designer to pay for any such damages. Designer is not liable for any hosting, development, maintenance or other services where the Designer’s finished Services are incorporated, such as a finished website or downloadable digital file, unless otherwise specified in a separate written agreement.

Style Release: Client has spent a satisfactory amount of time reviewing Designer’s work and has a reasonable expectation that Designer’s Services will produce a reasonably similar outcome and result for Client. Designer will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Designer’s current portfolio and services, and Designer will try to incorporate any suggestions Client makes. However, Client understands and agrees that:

• Every client and final delivery is different, with different tastes, budgets, and needs.
• Design is a subjective service and Designer is a provider with a unique vision, with an ever-evolving style and technique.
• Designer will use her personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions.
• Dissatisfaction with Designer’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.

Non-disparagement: The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.

CANCELLATIONS OR RESCHEDULING

Client Desires to Cancel or Reschedule: If Client desires to cancel Services of Designer for any reason at any time, then Client shall provide at least 5 days notice to Designer in order to cancel this contract. Client may reschedule Services with at least 24 hours notice. Upon cancellation, all outstanding fees are immediately due and payable to Designer. Providing Notice will not relieve Client of any currently outstanding payment obligations. Designer will not be obligated to refund any portion of monies Client has previously paid to Designer. It is within Designer’s discretion to issue a partial or full refund.

No-Show Client: If Client does not respond to any given communication or reasonable, material request from Designer within 1 day of the scheduled consultation, it is within Designer’s discretion to charge a rescheduling fee of $100. If such activity occurs more than once, it is within Designer’s discretion to cancel this Agreement without further delivery of Services. At such a time, all outstanding fees will become immediately due and payable.

Force Majeure: Either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the performance of Services, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms, or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either Party such as a riot, disorder, nuclear leak or explosion, or act or threat of impending terrorism.

Failure to Perform Services: In the event Designer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

• Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
• Issue a refund or credit based on a reasonably accurate percentage of Services rendered or find a reasonable replacement; or
• Excuse Client of any further performance and/or payment obligations in this Agreement.

Termination: When all outstanding balances and payments are received from Client, and Designer has fulfilled all its obligations and Services in this Agreement, the Agreement is completed. Any surviving provisions remain in full force and effect.

GENERAL PROVISIONS

Governing Law: The laws of Washington govern all matters arising out of or relating to this Agreement, including torts.

Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.

Notice: Parties shall provide effective notice (“Notice”) to each other via mail or email at the date and time which the Notice is sent.

Merger: This Agreement constitutes the final, exclusive agreement between the Parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendments: The Parties may amend this Agreement only by the Parties’ written consent via proper Notice.

Dispute Resolution: Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.

Headings: Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.