Terms and Conditions

By purchasing from Deborah Perugi, you automatically agree to these Terms and Conditions:

General

Perugi Design is a freelance graphic and web design business.

Fees and Payment

The Client is responsible for any foreign transaction or other processing fee your financial institution may charge for processing your payment.

All transactions will be invoiced via QuickBooks email, processed in US Dollars (USD) and are non-refundable.

Delayed Payment: If, after the project has commenced, subsequent invoices are not paid within 30 days, a 5% “delayed payment” fee will be charged. This initial 5% figure will be added upon each recurring 30 day period until the full amount has been received by Perugi Design.

Client’s Responsibilities  

During the term of this Agreement, the Client agrees as follows:

(a) provide as much needed information as possible about their business.

(b) respond to designer via email within 24-48 hours with feedback; if they cannot provide feedback within that time frame, they shall notify the Designer.

Designer’s Responsibilities

During the term of this Agreement, the Designer agrees as follows:

(a) devote sufficient time and effort to the Design Services.

(b) provide a live website at or before the agreed upon due date, to the best of their ability; if delays arise, for whatever reason, the Designer shall notify the Client immediately. If the website is 99% complete and due to the delay of the client, the time spent is 3 months or more, client shall pay remainder of the full payment. Designer agrees to finish the project after full payment.

Delays

The 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 the website’s launch. After three months, a 25% payment will be due to cover time and expenses.

Any delay caused by 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. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, labor disputes, riots, acts of war, terrorism and epidemics.

Termination of Services

The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any non-conformance with the design plan, the Designer must be promptly notified, allowing for necessary corrections.

Either party may terminate the contract at any time through written request. The Client shall, upon termination, pay the Designer all unpaid amounts due for Content / Services completed prior to notice of termination. Rejection of the completed Project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. The layout and design is owned by Perugi Design and cannot be transferred.

Content

All Content created by the Designer, unless explicitly stated as containing confidential information, will be used as promotional and marketing materials of Deborah Perugi, labelled as previous examples of work created.

Hosting and Domain

Hosting by Perugi Design is purchased at BlueHost or another hosting company of the client’s choice. (Only one host for one website is needed.)  Domain services will be provided by Perugi Design at BlueHost or another company of the client’s choice. Client is responsible to pay and maintain domain and hosting services not purchased at Perugi Design. Perugi Design will be reimbursed for hosting and domain services purchased through Perugi Design.

Indemnity / Disclaimer

The Client agrees to indemnify and hold harmless Perugi Design and Deborah Perugi from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the Designer, including copyright infringement (see Copyright below).

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, UNDER NO CIRCUMSTANCES SHALL DEBORAH PERUGI BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST REVENUE, EVEN IF DEBORAH PERUGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Copyright

Perugi Design researches and choose images and fonts for designs that are provided or sold either for Public Use or Commercial Use (not Personal Use Only).

However, in the case that a Client adamantly wishes to use a specific image(s), Deborah Perugi acknowledges that it does not hold copyrights and/or licenses to all images and/or fonts used in the Content and relinquishes any responsibility and/or damages that may occur due to copyright infringement.

Any logos that contain stock-photo clip art are referred to as “unofficial” logos. This means they may be used on business cards, letterhead, stationary, etc.; this is basic branding. “Official” refers to a logo that is legally trademarked, exclusive to the company, or used as a service mark. If you wish to have an “official” logo, please let the Designer know, as it may require text-only (image-less) or use of specific images. If you do not plan to trademark the logo, this does not affect you.

If you believe that your work has been copied and is accessible on the Site in any way that constitutes copyright infringement, and you wish it to be removed from the site, please contact Deborah Perugi and include the following information:

• Identification of the work or material being infringed.
• Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Deborah Perugi is capable of finding and verifying its existence;
• Your contact information, including name, address, telephone number and e-mail address.
• A statement by you that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement made under penalty of perjury that the information provided in the notice is accurate and that you are authorized to make the complaint on behalf of the copyright owner.
• Your physical or electronic signature.

Deborah Perugi reserves the right at our sole discretion to remove Content or material alleged to be infringing without prior notice or liability to you.

Warranty

During the first thirty (30) days following the completion of a project, the Designer shall provide up to two (2) hours of Support Services at no additional cost to the Client. Support Services means commercially reasonable technical support and assistance to maintain and update the website, including correcting any errors or deficiencies. Requests for additional support will be billed on a time and materials basis at Designer’s standard rate of $100 USD/hour. The services in the Warranty Period do not include enhancements to the Project or other services outside the scope of the Proposal.

Confidentiality

The Designer shall not at any time divulge any matters relating to the Client and the business of the Client which may become known to the Designer through the provision of the Design Services without the express written consent of the Client and shall be true to the Client in all dealings and transactions relating to the Design Services contemplated by this Agreement. Furthermore, the Designer shall not use at any time for her own benefit or purposes or for the benefit or purposes of any other person, firm, corporation, association or other entity, any trade secrets, business development programs or plans or personal information belonging to or relating to the Client and the business of the Client.

Violations

Please report any violations of the Terms to deb@perugi.com.

Contact Information: Deborah Perugi, 1 Randy Road, Framingham, MA 01701

Deborah Perugi
Owner/Operator of Perugi Design