WAHOOVILLE TERMS AND CONDITIONS

All Clients must read and agree to the terms laid out below.

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We enjoy our careers as professional artists and want to deliver the best, fun, and queer creative media to you as possible. To ensure clarity and communication. Please see our policy and terms below - We highlight our latest recently:
Revisions

A revision is any updates or changes made to the draft design after your review. We allow a limited number of revisions for your project request. Should the amount exceed this number given in our original agreement, Wahooville charge additional fees after revision amount is depleted.

Delivery Date Changes

A delivery date is the date for when the final project is expected to be completed and delivered. This date is given by the client and agreed upon from both parties. When the client changes the date during the process and outside of the original agreement, prices will incur for those delivery time changes.

Added Details

Additional details added during the process will vary upon our creative ability and time to execute the detail. Detailing is introducing new objects, items, animations, or other extensive creations into the design than the original proposal. The main difference between detailing and revisions is that detailing is work done to enhance, while revisions are a change to the original idea or guided direction. Wahooville Multimedia will do our best to let you know when something is considered an added detail and additional fees will apply.

Creative Direction

The more creative direction you are able to provide, (inspiration, reference images, posts, style) the easier it is for us to deliver the project. We allow and naturally provide creative direction and ideas, but we require additional time to reflect on the needs, goals, and purpose of a project that requires more creative thought and direction. Should there be uncertainty in the idea and/or indecisiveness in creative direction during the process, additional fees will apply.

Rough Drafts

As ideas and visions are dependent on imagination, we do our best to document with ‘rough drafts.’ These can be story boards, quick sketches, a list of ideas, verbally brainstorming, etc. Rough drafts do not guarantee the results or a final. They help guide us in the direction for the art piece or design. By working with us, you acknowledge that a rough draft will not be a 100% guarantee.

Instagram Tags

For posts to Instagram, please tag @vvahooville so we can share and celebrate the work we do for you!

Please also see the following:

Contents
TIMEFRAME AND DELIVERY
COPYRIGHT / TRADEMARKS
REVISIONS AND AUTHOR ALTERATIONS
PAYMENT POLICIES
PRIVACY POLICY
YOUR CONSENT TO THIS AGREEMENT

By entering into a business relationship with Wahooville, you (the Client) consent to the following terms and conditions:

Timeframe and Delivery

Agency working days are Monday through Friday, 9am – 7pm Pacific Standard Time, excluding Washington State and U.S. Federal Holidays.

Wahooville makes all reasonable efforts to provide concepts and revisions to the Client within the timeframes agreed upon in initial consultations. If we are experiencing higher work volumes, your design will be scheduled for the soonest available design time slot, and you will be notified at the earliest possible time.

Wahooville will save design files to Dropbox or Google Drive for Client review. The Client will provide feedback on the draft design.

Wahooville will review feedback and update the design as needed. Wahooville will continue the revision process within the specified terms to the Client’s satisfaction. Revisions will be submitted to the Client within the specified timeframe where possible.

Once the Client has approved the design, the Client will pay any balance owed to Wahooville, and Wahooville will deliver the final file(s).

All requested formats of the approved design will be saved to Dropbox or Google Drive for the Client to download. Wahooville will not maintain an archive of Client files, so Clients must download and maintain their files.

Copyright / Trademarks

Wahooville creates bespoke designs and makes every possible effort to ensure designs are original and clearly, legally distinct. If a design unintentionally infringes on existing trademarks, Wahooville’ s liability is limited to free revision of the design to make it legally distinct, or the provision of a paid new design, as negotiated with the Client.

The Client unconditionally guarantees that any design element – text or graphic – provided to Wahooville for inclusion in the design does not violate any copyright or trademark laws. Wahooville will not be held responsible for any legal action that may result from improper due diligence on the availability of a name, phrase, or image. The Client will hold harmless and protect Wahooville from any claim arising from the use of content furnished by the Client.
Wahooville retains the right to display designs in portfolios and on our website unless exclusion is explicitly requested and agreed upon in writing with the Client.

Revisions and Author Alterations

Any and all revision requests, updates, corrections, additions, or variations MUST be furnished to Wahooville in writing. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing by email.

The Client understands that any and all revision requests, updates, corrections, additions, or variations will incur an hourly billable or project charge. Design work is not done free of charge unless otherwise arranged with Wahooville explicitly and clearly in writing.

Unless otherwise agreed, Wahooville will complete ONE large revision stage, and TWO minor revision stages. Revision requests are to be made within SEVEN days of receiving the proofs. If no revisions are requested within this time, it is assumed that the submitted proof is the accepted final. Any revisions made after this point are subject to additional fees at the hourly rate.

The total project quote or rate provided by Wahooville is based on a reasonable average or specified number of revisions per design item, and associated number of billable hours. On the occasion the Client requests drafts or revisions that go beyond the scope of the original quote or rate, Wahooville reserves the right to charge an additional hourly rate upon informing the Client that the request will incur an additional cost.

Payment Policies

Design and development services involve significant specialization and expertise; therefore, design projects should be regarded differently than a manufactured product. Wahooville’s rates ensure appropriate compensation for the time and expertise of our graphic designers, developers, art/creative directors, and project managers.

All quotations given are estimates only, unless otherwise negotiated and noted in writing on a client contract. Assuming no additions have been made by the client over the course of the project, the final invoice will not exceed the quoted amount by a margin of over 5% without prior notification and written authorization by the client.

Deposits and payments
Unless otherwise agreed, all projects require an initial 50% non-refundable deposit of projects greater than $500, and the balance paid in full before delivery of the final design files. All work remains the property of Wahooville until final payment is received. Client may not use or distribute any works until paid for in full.

Monthly Billings
Trusted clients requesting long term and ongoing design work may be placed on a monthly billing cycle upon request. Clients on monthly billing will be invoiced on or around the last Monday of each month. Clients requesting a monthly billing arrangement are required to maintain current contact information and a valid credit card on file with Wahooville.

Online Payments
Online payments are processed securely using bank-grade SSL encryption.
Payments may be made online in a number of ways:
Invoice (by QuickBooks)
Credit Card (Visa or Mastercard)
Venmo ( @Wahooville-Multimedia)


Accepted Payment Currencies
We bill US clients in USD

Taxes
US clients will be charged B&O tax rates, following Local and Federal Guidelines.

Delinquent Invoices
All invoices are payable on receipt, net 7 days. After 30 days, a late payment charge equivalent to 2% of the outstanding balance is applied to all delinquent Client invoices, without exception. If the Client remains in default after 60 days, an additional 2% of the outstanding invoice balance is applied as a late payment charge.

Delinquent Invoices
All invoices are payable on receipt, net 7 days. After 30 days, a late payment charge equivalent to 2% of the outstanding balance is applied to all delinquent Client invoices, without exception. If the Client remains in default after 60 days, an additional 2% of the outstanding invoice balance is applied as a late payment charge.

If the Client remains in default after 60 days, we will issue a final warning by email before turning the account over to a third-party collections agency or appropriate legal authority.

If a client’s payment is charged back to us by way of credit card fraud, cheque fraud or other crime, we will issue a final warning by email before turning the account over to a third-party collections agency or appropriate legal authority.

Clients are responsible for all late fees and costs incurred for reporting to collections. If collection efforts are unsuccessful, we will engage the Client in litigation to collect the debt, and all copyright will remain with Wahooville. The Client will forgo all rights to use Wahooville designs in manner, and legal action will be taken to enforce this policy.
Abandoned Projects

A project shall be considered abandoned after 60 consecutive days have passed since the last communication received from the Client. In all abandoned projects, deposits are forfeit without option for reclamation. Any renewal of the project after termination will require a new agreement, fee schedule and deposit.

Privacy Policy

Wahooville is committed to protecting your privacy and will conduct all business in accordance with this Privacy Policy.

Information Collection

Wahooville’s web servers automatically recognize a visitor’s domain name and IP address. The domain name and IP address reveal nothing personal about a visitor. Wahooville may use this information to examine web traffic and campaign performance. Wahooville does not automatically record e-mail addresses or any personal information of its website visitors.

Sensitive Information Disclosure

Any hosting account information, FTP information, or domain registrar account information provided to Wahooville will be kept confidential. It will be used only by Wahooville Developers, and will be used only for the purposes of setting up a Client website, managing a Client website, providing technical support, or other purposes established in writing with Wahooville.

Information Storage

Client websites, project file archives and account information is stored on a secure server.

Disclosure

Wahooville will only disclose Client information or IP address when required by law or in good-faith belief that such action is necessary to:
1. Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on Sage Media,
2. Protect and defend the rights or property of the Wahooville website and related properties, or visitors to the Wahooville website and related properties.
Wahooville uses every reasonable precaution to keep Client information secure and will not be held responsible for breach of security or the actions of any third party that receives information. Wahooville is not responsible for such third-party privacy policies or how they treat information about their users.

Your consent to this agreement

By using the Wahooville website and/ or engaging in business with Wahooville, you consent to the terms specified above. Wahooville reserves the right to modify these Terms and Conditions at any time.

This web page will reflect the latest Terms and Conditions. In the event there is a discrepancy between a digital or printed version of these Terms and Conditions and this web page, the Terms and Conditions on this web page take precedence.

In the event that a Client’s Terms and Conditions conflict with those out here, this web page shall be considered to be the authoritative one, unless a separate contract has been negotiated and signed between Wahooville and the Client.

Please send any questions about Wahooville Terms and Conditions to contact.wahooville@gmail.com

Updated October 2021
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