TNW Creations, LLC. Multimedia Publishing

by Erin LaVaux Quarles

TNW Creations Terms & Conditions

Updated: October 2019.

1. GENERAL POLICIES

Much like any contractor (eg: HVAC, roofing, carpeting, plumbers, etc), all payments are due up front and in full. Due to both the technical software aspect of programming websites (refer to the United States of America software refund policies) and the labor involved - payments are NOT refundable. If you need a payment plan, we offer PayPal Credit payments or recommend looking into a business credit card before contracting our services. 


2. WEB DEVELOPMENT - PRE-BUILT WEBSITE TEMPLATES

Client can purchase a pre-built design from my catalog of available templates. Client understands this is a more generalized template design and is not exclusively the client’s. The same design and layout may be used for other customers. The pre-built website will include desktop & mobile designs completed with the client's logo, text and images. includes social media integration to already existing social media accounts (facebook, twitter, twitch, pinterest, Instagram) and premium stock photos from our limited lbrary collection (if needed). Images, logo and basic writing must be provided to TNW Creations before work can commence. Professional writing / editing services / research services are available for an additional charge. There will be an additional fee for content and / or images that require additional formatting, manual typing / input, extensive editing (photoshop) or must be acquired from the client’s editor cPanel where the website is not being built. All content provided must be copyright free or owned by the client. In the case of copyright infringement, the client understands they will be held accountable by law. Completion dates will be affected by delayed action on the client’s part. New or additional content provided after the project start date will incur additional fees.


3. WEB DEVELOPMENT - WEBSITE DESIGN (ONLY) PROJECTS

Includes custom website design-build for desktop & mobile based on client's specifications & provided content and may or may not include hosting services (premium hosting services are required to complete domain connection, SEO and other initial services) depending on additional products included in the signed proposal. lncludes social media integration (linking) to existing social websites, premium stock photos from our limited library collection (if needed) & may or may not include custom favicon depending on the project. Custom forms included for up to 5 fields. More complex, custom forms available for an additional fee (priced per project). Writing / editing services are not included and text is added based on content provided by the client. Text content must be delivered in organized, copy/paste format (either from an email or editable document or an existing website). Professional writing/editing/research services are available for an additional charge . Content and/or images that require additional formatting, manual typing/input, extensive editing (photoshop) require additional payment. If images and/or text must be acquired from a website editor cPanel that is not where the website is being built, then there will be an additional fee. All content must be provided by the client in advance before the website project can begin. All content provided must be copyright free or owned by the client. In the case of copyright infringement, the client understands they will be held accountable by law. Completion dates will be affected by delayed action on the client’s part. New or additional content provided after the project start date will incur additional fees.


4. WEB DEVELOPMENT - CUSTOM DESIGN WITH PROGRAMMING SERVICES

Includes initial, custom website design-build based on client's specifications & provided content. Client will own rights to website design after fulfilling payment obligations per the proposal/quote. Includes social media integration, premium stock photos (if needed) & custom favicon. Custom forms included for up to 10 fields. More complex, custom forms available for an additional fee (priced per project). Writing / editing services are not included and text is added based on content provided by the client. Text content must be delivered in organized, copy/paste format (either from an email or editable document or an existing website). Professional writing/editing/research services are available for an additional charge . Content and/or images that require additional formatting, manual typing/input, extensive editing (photoshop) require additional payment. If images and/or text must be acquired from a website editor cPanel, there will be an additional fee. All content must be provided by the client in advance before the website project can begin. All content provided must be copyright free or owned by the client. In the case of copyright infringement, the client understands they will be held accountable by law. Completion dates will be affected by delayed action on the client’s part. New or additional content provided after the project start date will incur additional fees.


5. WEB DEVELOPMENT - ECOMMERCE / ONLINE STORES

Includes ecommerce capabilities for retail, shares, donations, donations, ticket purchases and/or other financial transactions. Client must maintain a Merchant Account through PayPal, Wave Apps or Stripe to accept payments.  TNW Creations creates the initial store and fully integrates the store into the client's new website up to 10 items unless specifically indicated in the proposal. Client is responsible for payment of all merchant fees and all ongoing management of the store, store products, order management and fulfillment and payment collection and management. TNW Creations will not setup, maintain or manage the merchant account for Wave Apps or PayPal. Client changes to the store, product categories & pricing, etc. will be handled by the client after TNW Creations has completed the build. Client understands that TNW Creations does not provide tech support for the ongoing operation and management of the store and does not provide chat and phone support for customers. 

Initial store setup varies and includes an initial 10 products and support links for adding more products as the client wishes. Additional products may be added per the proposal and project fees. Client is responsible for establishing correct shipping, sales tax and providing images and other information to TNW Creations prior to store setup. "Products" may include physical items, donations, membership categories and digital items, etc. Discounted custom pricing may be provided for stores with over 100 products or special needs. All content provided must be copyright free or owned by the client. In the case of copyright infringement, the client understands they will be held accountable by law. Completion dates will be affected by delayed action on the client’s part. New or additional content provided after the project start date will incur additional fees.


6. MOBILE OPTIMIZATION

All website projects include mobile optimization. Mobile design optimization will streamline & consolidate content for use on smartphones. Client understands that tablet and device views do not fall under mobile and are not guaranteed to be optimized and some multimedia design elements background video, music & some applications may not work the same way on mobile as they do on desktop computers (this is a mobile technology limitation). Client also understands that the mobile version may require omission of select content, especially extensive text & other elements that are not mobile-friendly to maintain the best visitor experience. This is especially true for Wix based websites.


7. BASIC SEARCH ENGINE OPTIMIZATION (SEO)

Search Engine Optimization (SEO) Keyword analysis and basic SEO techniques will be incorporated into the design of the website to help optimize search engine rankings for Google, Bing and Yahoo. Website will be submitted to Google & Bing search engines. Client will be advised about other ways to maintain & improve search engine optimization and understands websites so not automatically move to the top of ranking without pain promotions through the search engines. Client understands that although new websites are instantly indexed on Google, rankings and SEO change daily. Search rankings are driven by a complex algorithm of interconnected website backlinks, popularity and website age. No agency or individual can guarantee a specific website search ranking. More extensive Advanced SEO services are available for an additional charge. 


8. ADVANCED SEARCH ENGINE OPTIMIZATION (SEO) WITH INITIAL AUDIT

SEO is a continuous effort & process, not a one-time service. Proper website design & structure is an essential first step to getting your website ranked higher on major search engines. TNW Creations Advanced SEO and website audits are designed for websites TNW Creations has either built or will build. Audits and Advanced service is a minimum 3 month commitment at this time and includes:

Keyword / key phrase research

Competitive search analysis / research

Review of header settings & tweak title / descriptions where necessary

Proper header formatting (H1, H2, H3)

Verification that your page headers, descriptions, images & keywords are optimized Proper linking to social media pages

XML Sitemap  

Metatags, Meta descriptions

Any interruption in the service will require another audit for an additional fee. Client understand this does not guarantee ranking on search engines, this simply improves their connectability and visibility. This is a fact for all SEO agencies. The only way to rank highest is through paid promotional ads with Google or Bing. If client wishes to use Facebook Advertising, TNW Creations has recommendations. 


9. FAVICON LOGO

TNW Creations will design / develop a favicon either using the client’s business logo or initials of the client’s website for each compatible website that is pre-built, semi-custom, custom or programmed by TNW Creations. There is no additional fee unless asked to redesign / redevelop the favicon. This additional feature is included in most of our packages when stated in the proposal.  


10. DOMAINS* **

TNW Creations works with transfers, connections and acquisition of domains only when in conjunction with a website project order. TNW Creations will acquire domains through GoDaddy.Com (and GoDaddy’s International holdings), eNom or Network Solutions. TNW Creations will connect and transfer domains from other registrars that fall in our accepted list. Our list is constantly being updated so please check with us in advance to ensure your domain is supported. Domains with email currently connected will need to be handled carefully. If client does not inform TNW Creations of the connected email servers, the client understands they will lose emails and service to their emails and all of their archived email with the possibility of no recovery.


* TNW Creations does not accept domains associated with BlueHost, HostGator or any subsidiary of Endurance International Group domains.

** Website transfers are permanent & irrevocable. TNW Creations does not provide the option for maintenance services after transfers out of our care because we are unable to guarantee the quality of a website if an outside designer or client has modified the website.


11. WEB DEVELOPMENT - PRODUCTION TIME

When all content is received from the client, TNW Creations can begin work. Each project duration varies and will be counted only during regular business days or as noted on the proposal. Ecommerce sites & sites with extensive content, programming or special design elements will require more time. Minor requested revisions will be completed as soon as possible. Complicated or recurring requests for revisions will incur more fees. Entire redesigns after TNW Creations has already designed a site, will incur the same fee as a new website.

Please note a proposed deadline will be established to deliver all content for the website design. Client’s failure to meet content deadline after the content deadline will result in delays, rescheduling the project for a future date and / or additional fees. If client sends additional content after the content deadline, the project will be subject to delays, rescheduling the project for a future date and / or additional fees. In some cases, delayed projects may be rescheduled for a much later date if TNW Creations is booked and timelines have been affected due to the delays. Initial design includes one (1) full round of revisions. A revision round is a complete list of client requested revisions and must be submitted within three (3) business days of the website draft delivery to keep the project on schedule . This provides the most efficient process to complete the client's revisions effectively & efficiently. Revisions that are not requested by the client within three (3) business days of website draft delivery will result in delays, rescheduling the project and additional fees. The point of contact designated by the client will be responsible for acquiring consensus within the client's organization before requesting changes or updates. Client must submit all content required for requested revisions at the time the revisions is submitted. Additional rounds of revisions are available for a determined amount based on the project. Additional rounds of revisions that require modification of the design, additional pages, extensive revisions or changes in navigation / organization, extreme layout differences of the site will incur an extra service fee of $100+ per page.


12. MONTHLY SERVICES – GENERAL

All monthly services are subject to a minimum 3 month contract (SEO, Social Media, etc) and fees are paid in full by check or monthly via stored pre-authorized credit card through PayPal. Annual Contracts are paid in advance. Annual services can be paid by check. All services are non-refundable. 


13. MONTHLY SERVICES – HOSTING & MAINTENANCE

Monthly hosting and maintenance fees include premium hosting services, ongoing maintenance of desktop and mobile design and app software updates as needed. Client must commit to 12 months of service for this offer. Annual contracts are paid in advance via check or credit card. All services are non-refundable. 


14. MONTHLY SERVICES – HOSTING & UPDATES

Monthly hosting and updates include premium hosting services, ongoing maintenance of desktop and mobile design, app software updates as needed and one change per month (one page and up to 10 images or PDFs). Client must commit to 12 months of service for this offer. Client must submit all update requests to us via email. Client requested updates received during regular business hours will be completed within 7 business days or sooner of the request date. Clients only receive ONE (1) update per month so all (up to 10 images / pdf files) and text must be submitted at the same time to be considering one update. Extra update requests will be charged accordingly.


15. MONTHLY SERVICES – HOSTING ONLY

Client may choose to pay for their hosting in full for one year (12 months) and have TNW Creations handle the billing management. No additional services are offered with this plan. Annual billing is paid in advance via check or credit card. All services are non-refundable.


16. MONTHLY SERVICES – NONE

Client understands that hosting and maintenance is the client’s responsibility and will be paid from the client directly to the host provider where their website was built. Completed website will either be built on the client's independent account at GoDaddy, GreenGeeks or Wix (or other preapproved hosting account) or transferred after completion. Hosting and domain fees will be the client’s responsibility to be paid to their hosting and domain providers.


17. MONTHLY SERVICES – CANCELLATION

Clients who choose to maintain their own websites may request a permanent account management transfer 6 weeks prior to their next monthly payment. If hosted with Wix or GoDaddy, Client must have an account setup so TNW Creations can transfer website management to the client. If client is using GreenGeeks, client may contact GreenGeeks for their migration services.


18. SUPPORT

TNW Creations is happy to help with tutorial links for free by email within reason. Any recurring or frequent requests for free email support will result in technical support fees at the rate of $130. Per hour. These paid support services include technical support and training for website maintenance and / or design services.


19. PAYMENT TERMS – GENERAL & REFUNDS

All fees are due in full before work can begin and are nonrefundable. Services and products are nonrefundable. Client understands and agrees to these payment and nonrefundable terms.


20. PAYMENT TERMS - MONTHLY PAYMENTS

Monthly fees must be paid via automatic pre-authorized monthly payment by credit card. Or a year in advance by check. Automatic monthly payments must be made either by credit card or ACH direct deposit via PayPal or Waveapps. Clients receive a monthly paid invoice receipt via email for bookkeeping purposes. Client is responsible for maintaining a valid form of payment. Late payments will accrue at $35. per month fee and will result in interruption of service or a notice of payment due posted on your website after 30 days that will be publicly viewable.


21. COMPLETIONS

If no monthly services were chosen, completed website will be transferred to the client's independent GoDaddy, GreenGeeks or Wix account.*  Hosting service will be the client’s responsibility. for the cost of annual renewals. If client has custom email services connected to the domain, there will be a period of downtime (typically 1 to 3 hours but can take up to 7 days for full DNS propagation depending on the hosting companies being used). Basic SEO will be provided before transfer. Client is responsible for ongoing SEO to improve rankings. Website transfers are permanent and irrevocable for a minimum of 60 days depending on the host and domain providers. TNW Creations provides no support nor option for maintenance services after transfer because TNW Creations can only guarantee the website quality if maintained exclusively by TNW Creations.


22. DESIGN REFRESH & NEW FEATURES

Website may be updated periodically with new design features & applications (with prior client approval) to freshen the design of the website, maintain modern design trends & to extend the life of the overall website design. Fees and completion times vary. Client may not log into the website editor or cPanel (this creates editing issues) until TNW Creations states work has been completed. 


23. OTHER SERVICES - DIGITAL LOGO DESIGN

TNW Creations can create digital logo in client's preferred branding color & style using TNW Creations database of logo elements and font. This service includes two (2) unique design concepts based on client's preferred style and colors and two rounds of revisions for the concept the client chooses. Additional revisions or additional concepts start at $50 each.  FILES: Multiple graphic files will be transferred to the client including jpg, png with transparent background and pdf for any print or digital use the client may need.

24. OTHER SERVICES - FACEBOOK / SOCIAL MEDIA MARKETING

Complete setup, design, custom graphics, marketing strategy, monitoring (responding to FB reviews & comments as the client's business). This does not include facebook or Instagram advertising. If client wishes to use social media ad campaigns, we offer recommendations. 


25. OTHER SERVICES - PRINT OR DIGITIAL DESIGN SERVICES

Custom designed business cards, rack cards, flyers, tri-fold brochures, letterhead, buttons, promotional marketing products like pens and mugs, stickers, labels, postcards, announcements, invitations and other print media. Digital files: Printer ready pdf (email or Google drive delivery). Print costs are additional and will be quoted based on clients' quantity, select features & shipping needs. All design orders must be paid in advance and are non-refundable. 


26. CONSULTATIONS AND QUOTES

TNW Creations includes one complimentary 30-minute video consultation for new clients. Additional consultation meetings / conference calls will be billed at a rate of $130 / 45 minutes with a 15 minute buffer. Email consultations are always free, this does not include tech support. We do not give quotes over the phone. Our quoting process involves research into the products, services needed and pricing involved. A quote will be emailed after adequate research. 


27. GUARANTEES

TNW Creations makes no guarantees of your success, your search engine ranking or other services not mentioned in this agreement. Furthermore, regarding website projects – due to the sensitive nature of data and code environment the client agrees not to make changes, login, edit, add, delete, remove or modify images, text or code or in any way modify the website during our contract while we are either under a maintenance contract, upgrade, remodel or building phase. Using the common saying, "Too many cooks spoil the broth," multiple editors will very often cause disruption, errors, or in some cases complete and total failure of the core web code resulting in loss of service. Client agrees that during contract periods they are not allowed to use the editor until the contract is completed. Violation of this rule will result in immediate cessation of your project and contract with no refunds regardless of intent on the client's part. Or the client may opt to pay additional fees to TNW Creations to repair or resolve issues rising from client’s tampering and understands this will create new start dates and push back completion dates. The only exception to the editing rule is if the client’s contract specifically allows their edits. Even then, the client understands that any edits they make that result in damage will be the client’s responsibility and not TNW Creations. Should the client’s edits result in damage to the design or the website stability, the client understands that any repairs to the website by TNW Creations will result in the client paying additional fees to TNW Creations. 


28. FINAL STATEMENT

ANY DAMAGES RESULTING FROM AUTHORIZED OR UNAUTHORIZED EDITS BY THE CLIENT DURING THE CONTRACT PERIOD CAN BE REVERTED OR REPAIRED ON AN HOURLY CHARGE BASIS AND WILL REQUIRE A NEW CONTRACT BE NEGOTIATED AND AGREED UPON BEFORE ANY WORK WILL COMMENCE. Servers log changes by IP and timestamp making it clear who is in the cPanel or Editor at all times. TNW Creations will not be held accountable for any damage to the design or structure by any party outside the TNW Creations team.   


WE CANNOT BE MORE CLEAR THAN THIS.


Client agrees to all financial terms of this agreement. In the event the client fails to fulfill payment obligations for the services rendered under this agreement, the client specifically authorizes the release by any credit reporting agencies of personal credit information on the client. The client also agrees to pay all the costs of obtaining such credit information and / or the locating of the client as may be necessary. In consideration for the services rendered under this agreement, the client hereby agrees to pay a LATE FEE on all balances which are overdue and unpaid thirty (30) days after the services are rendered; the LATE FEE will be computed at $35. per month or at the point the account becomes 6 months delinquent, an ADDITIONAL FINANCE CHARGE of 29% percent of the total balance will be added to the past due balance and late fees. This will be in addition to any legal or attorney fees which are hereby stipulated to be thirty five (35%) percent of such outstanding balance, plus court costs, whether suit is filed or not.


VETERAN  OWNED  & OPERATED

©1995-PRESENT. TNW CREATIONS.

AUSTIN, TEXAS

WEB DESIGN | GRAPHIC DESIGN