Payment Terms

Conditions of Use

  1. Project Description - Client wishes to hire Designer to create a website. The specific requirements and the details are outlined in our Proposal and are incorporated herein.
  2. This is a fixed price contract. Should the scope of the project be changed by the Client, we reserve the right to quote additional cost and time to complete those tasks.
  3. Revisions - Client will be entitled to two revisions. Any revisions beyond that will be chargeable at a rate of $50 per hour.
  4. Project Finality – Designer reserves the right to stop work and conclude this contract after he:
    delivers a finished website,
    has worked for the above estimated time frame, and has completed 2 revisions.
  5. To prevent this project from concluding prior to Client receiving his/her desired outcome, it is to Client’s benefit to be very clear about project parameters and desires at every step of this venture.
  6. Terms – Work will commence immediately upon acceptance of a down payment as noted in our Proposal. We invoice through PayPal.
  7. Confidentiality - During the course of this Agreement, it may be necessary for Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information to Designer in order for Designer to complete the Website in its final form. Designer will not share any of this proprietary information at any time, even after the Agreement is fulfilled. Designer also will not use any of this proprietary information for his/her personal benefit at any time, even after the Agreement is fulfilled.
  8. Ownership Rights - Client continues to own any and all proprietary information it shares with Designer during the term of this Agreement for the purposes of the Project. Designer has no rights to this proprietary information and may not use it except to complete the Project.
  9. Upon completion of the Agreement,Client shall own the final website design including copyrights.
  10. Representations and Warranties - Designer represents and warrants that he has the right to enter into and perform this Agreement.
  11. Client represents and warrants that he has the rights to use any proprietary information including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to Designer to be included in this Website. In the event that Client does not have these rights, Client will repay any associated damages Designer may experience or will take responsibility so that Designer does not experience any damages.
  12. Upon completion of the Agreement, Disclaimer of Warranties - Designer will build a Website for Client’s purposes and to Client’s specifications. Designer does not represent or warrant that said website will create any additional profits, sales, exposure, brand recognition, or the like. Designer has no responsibility to Client if the website does not lead to Client’s desired result(s).
  13. Limitation of Liability - Under no circumstances will either party be liable to the other party or any third party, such as freelancers, for any damages resulting from any part of this agreement. This includes but is not limited to loss of revenue or anticipated profit, lost business, costs, delay, or failure of delivery.
  14. Failure to Pay – Client is to pay the cost in full upon the conclusion of this project. If Client is unable to pay in full, he will notify Designer immediately to determine a payment plan. Should Designer believe at any time and in good faith that Client will not be able to pay, Designer may cancel this agreement, and Client will remain liable for the balance due for work up until this time.
  15. Mediation followed by Arbitration – Should there be a dispute between Designer and Client regarding this agreement, the court of law will not be the first avenue of resolution. First, mediation will occur with a mediator selected by mutual agreement of the parties. Second, if the mediator determines that arbitration is recommended, a mutually conducive arbitrator will be selected in 10 days and arbitration shall commence within 30 days.
  16. Jurisdiction and Venue – Should mediation and arbitration fail, and either party institute suit or action regarding this agreement, the Designer will have choice of law. Both parties will submit to the jurisdiction of the state and federal courts of Texas.
  17. Legal Fees - In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees including, but not limited to their attorneys’ fees.
  18. Legal and Binding Agreement - This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding in the United States. The Parties each represent that they have the authority to enter into this Agreement. This document and the Proposal attached constitute the entire agreement between Designer and Client.

Website Disclaimer

The information provided by MSWD+M on MadScientistWebDesign.com (the "Site") is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

Last updated 13 January 2024