WEBSITE IN A DAY
TERMS & CONDITIONS
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before AGREEING TO SOLSTICE COLLECTIVE’S WEBSITE IN A DAY SERVICE (the “Service”) operated by Solstice Collective, LLC (“us”, “we”, “COMPANY” or “our”).Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
1. TERM and project schedule
This Agreement will become effective starting on the purchase date and is to be completed within the agreed-upon timeframe. Client is responsible for the purchase of their domain and their monthly website fees through Squarespace, Inc. (or another website platform) and Company is no longer liable for website maintenance. Client will not share any passwords or permissions to the website with anyone but Company and Client before completion of the project.
2. SCOPE OF SERVICES
By opting for the website in a day design service, please note that you will be provided with a single website template that allows for only minimal modifications from the original template. The design of the website will adhere to the style of the purchased template throughout.
INCLUSIONS: one designated “Design Day” with up to 6 hours of communication via email, one website on the Squarespace platform, Squarespace video tutorials, COMPLETED SQUARESPACE WEBSITE REFLECTING PAGES INCLUDED IN TEMPLATE, WEBSITE TEMPLATE OF CHOICE FROM Solstice collective, CALL TO ACTION buttons, MOBILE OPTIMIZATION service, PERSONALIZED search engine optimiation, COPY TEMPLATES, GET PREPARED CHECKLISTS, & STREAMLINED COMMUNICATION, and one thirty (30) MIN 1:1 WEBSITE STRATEGY SESSION (ONLY By request).
Client acknowledges and agrees that the Company is solely accountable for the semi-custom design of the website within the framework of the Website in a Day service. The implementation and continuous management of the website are not within the Company's scope of responsibility. Client shall undertake all other obligations as specified in the contract. Any additional a la carte services chosen by the Client in the proposal will adhere to the identical terms and conditions delineated in this agreement.
3. PAYMENT SCHEDULE, INVOICES, AND FEES
The Service Fee, Squarespace Monthly or Annual Fee, Add-On Fees (if applicable), and any other charges or fees for Services ordered by Client are defined, collectively, as the “Fees.” The payment schedule is one payment, a non-refundable payment in full is due upon securing the date and signing the contract.
In light of the service's nature, the full payment is non-refundable, reflecting the dedicated time, preparation invested in gearing up for the project, and the full reservation of the day. Cancellations impact our schedule with other clients, emphasizing the importance of commitment to maintain project timelines. Offboarding, website publishing, and/or website transfer will not take place unless full payment is received. Any amounts not paid within three (3) days of the date of reservation will bear a finance charge equal to the lesser of 5% of the outstanding balance or the maximum amount allowed by law.
Client agrees to stick to the payment schedule outlined in the quote and to pay their invoices in accordance with the terms stated on the invoice. Client will be responsible for paying any and all applicable sales and use taxes for the Services. Unless otherwise stated in the Client Contract, Fees are due prior to the performance of the Services. In addition, Client shall be liable for all fees incurred by Company due to payment processing fees resulting from bounced checks, insufficient funds/bank overdraft fees, and/or chargebacks.
The Agreement term shall begin upon execution of a Client Contract, and upon such execution, Client shall pay the applicable Add-On Fees, Squarespace Monthly or Annual Fee, Annual Domain Fee, and any additional fees by Squarespace or any outside domain companies outlined in such Client Contract with those companies. Company is not responsible for any fees required by Squarespace or outside domain companies after the completion of the project with Client. Company shall begin production of the service(s) requested by Client in accordance with the specifications outlined in the Client Contract upon receipt of the Fees.
In regards to refunds, due to the extensive time and effort that goes into our digital products, all services, and anything else Company provides, there is no refund policy. We do not tolerate or accept any type of chargeback from your credit card company.
*LATE FEE POLICY
A late fee of $50 per day will be applied for any materials submitted later than 72 hours before the project start date. This includes but is not limited to, "Homework", questionnaires, branding materials, feedback, copy, and website-related materials. The late fee will be invoiced as a single charge upon receipt of all required materials.
Incomplete "Homework" -- If Client fails to submit all required materials by 72 hours before the project start date, the project will be canceled, and Client must rebook at the full project rate. No exceptions.
Communication Time -- Client must respond to all project-related communications within one (1) hour. Failure to do so will result in a project delay and a $250 fee invoiced and due on the following day.
4. COPYRIGHT POLICY
The Company respects the intellectual property rights of others and will not knowingly include content that is subject to trademark, copyright, or other intellectual property restrictions. Company uses all commercially licensed stock photos and videos. Client acknowledges and agrees that all material provided by Client to the Company, including but not limited to, business names, logos, content, or any other form of intellectual property associated with the Client’s business is owned solely and exclusively by Client and the Company has the right to publish such content. The Company reserves the right to take down any content that in the Company’s sole discretion is in violation of this provision.
5. COMMUNICATION
To maintain a clear timeline, all project communication, including website revisions, feedback, copy, edits, etc., will occur via email to jane@solstice-collective.com OR hello@solstice-collective.com following the initial consultation.
Prior to the project start date, we kindly request you provide completed "Homework" at least 72 hours to avoid disruptions (see *Late Fee Policy).
To ensure timely progression throughout the project day, we kindly request your response to feedback, edits, comments, and revision emails within one (1) hour. Failure to do so will result in a project delay and a $250 fee invoiced and due on the following day.
Client "Homework":
All client-provided materials, including all onboarding materials, questionnaires, branding, image assets, etc. (collectively referred to as "Homework"), must be submitted at least 72 hours before the project's designated start date. This also applies to incomplete "Homework". If Client does not provide Company with all of the materials at least 72 hours before their start date, the project will be canceled and Client will be required to rebook at full price. No exceptions. (See *Late Fee Policy for full information)
Business Hours:
Company Business Hours are Monday through Thursday from 10:00 am EST to 6:00 pm EST. Company is not available on Fridays, weekends, United States National Holidays, or United States National Holidays Observed. Website In A Day projects are completed within one (1) day and you will have full communication throughout the entire process.
6. CLIENT EXPECTATIONS
In order to ensure a seamless and successful collaboration between Company and Client, the following client expectations have been established to clarify responsibilities and facilitate the timely and efficient completion of the website design project.
Timely Provision of Information: The client agrees to provide all necessary information, materials, and feedback promptly as requested by Company. Delays in providing essential content may affect project timelines. Client "Homework" is due 72 hours before the project start date. Failure to abide by this expectation will result in rescheduling your project date and fees. (See *Late Fee Policy)
Clear Communication: Open and clear communication is vital for project success. The client agrees to promptly respond to communications from Company, including emails, requests for feedback, and scheduled meetings. Failure to abide by this expectation will result in a late fee. (See *Late Fee Policy)
Design Approval and Revisions: The client understands that a reasonable number of design revisions are included in the project scope. Any additional revisions or changes beyond the agreed-upon scope may be subject to additional charges. Client approval at various project stages is crucial for progressing to the next phase. To ensure timely progression throughout the project day, we kindly request your response to feedback, edits, comments, and revision emails within one (1) hour. Client must respond to all project-related communications within one (1) hour. Failure to do so will result in a project delay and a $250 fee invoiced on the following day. (See *Late Fee Policy)
Content Accuracy: The client is responsible for providing accurate and proofread content for the website. Company will not be held liable for errors in the final product resulting from inaccurate or incomplete content provided by the client.
Technical Cooperation: The client agrees to provide necessary access to hosting, domain, and other technical elements relevant to the project. Company will not be responsible for delays caused by a lack of access or cooperation in this regard.
Feedback and Approval: The client acknowledges the importance of providing clear and timely feedback during the design and development phases. Failure to provide feedback or approvals within agreed-upon timelines may result in project delays. Failure to abide by this expectation will result in a late fee. (See *Late Fee Policy)
Payment Schedule: Adherence to the agreed-upon payment schedule is crucial for the timely progression of the project. Delays in payments may result in project suspensions or additional charges.
By signing this contract, the client acknowledges and agrees to abide by the above-stated expectations, understanding their role in ensuring the successful completion of the website design project by Company.
7. INDEPENDENT CONTRACT STATUS
The Company and the Client acknowledge and agree that all Services will be rendered by the Company as an independent contractor and that this Agreement does not create an employer/employee relationship between the Company and Client. Thus, the Company shall have no right to receive employee benefits including, but not limited to, insurance, social security, unemployment, or any other benefits. The Client shall also not be responsible for federal, state, and local taxes derived from the Company’s net income or for the withholding and/or payment of any federal, state, and local income and other payroll taxes. Any Independent Contractor(s) hired through or by the Company are contracted through the Company only. Client cannot request anything outside of this contract from Company's Independent Contractor(s). The Client agrees not to recruit, hire, or engage, directly or indirectly, any Independent Contractor(s) of the Company for a specified period of twelve (12) months following the completion of the contract, with the intention of diverting their services away from the Company.
8. COMPANY'S OBLIGATION TO THE CLIENT
The Company agrees to communicate and cooperate with the Client and shall provide all Services in a professional and workmanlike manner. The Company represents and warrants that they have no conflicting obligations during this engagement and shall not take on commitments that would prohibit the Company from completing the Services described in Section 2 or the applicable Statement of Work. The Company further agrees to promptly notify the Client of any schedule changes that could adversely affect this Agreement. The Company further agrees to provide at least thirty (30) days' notice to the Company in the event of early termination of this Agreement.
9. CLIENT REPRESENTATIONS
Client represents that: (1) they are not a party to any agreement that would prohibit her from entering into this Agreement with the Company; (2) no trade secret or proprietary information belonging to Client’s previous employers, contractors, or associates will be disclosed by them to the Company; (3) Client has brought to the Company’s attention any and all matters that could impact this Agreement; and (4) Client has obtained any and all requisite permissions, licenses, and/or approvals to post, publish, or otherwise distribute via social media the information, materials, and content provided to the Company for the purposes of this Agreement.
10. CONFIDENTIAL INFORMATION
The Company agrees to maintain in confidence all business information, passwords, proprietary information, trade secrets, and any other information that the Client holds as confidential. Company further agrees not to disclose to anyone, for any reason, confidential or personal information that relates to the Client’s employees, staff, clients, or other business contacts other than as may be required by law. The Company agrees that all confidential information, business information, proprietary information, trade secrets, and other forms of sensitive Client information will be used solely for the benefit of the Client, and not for personal use, nor the benefit of any other third party.
11. AT-WILL ENGAGEMENT
The Company’s engagement with the Client is “At-Will.” This means that Company has the right to terminate this Agreement at any time and for any reason, following the notice requirements of this Agreement. Likewise, the Client may terminate this Agreement with or without cause according to the terms and notice requirements herein.
12. INDEMNIFICATION
Client agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, subcontractors, agents, and their respective successors, heirs, and assigns (the “Indemnitees”), against any claim, liability, cost, damage, deficiency, loss, expense or obligation of any kind, including attorneys fees and other costs of litigation, incurred by the Indemnitees in connection with any claims, suits, actions, demands, or judgments arising out of this Agreement including, but not limited to, actions in the form of intellectual property infringement, tort, warranty, negligence, or strict liability.
13. INTELLECTUAL PROPERTY
The Company represents that all work products provided to the Client during the course of providing the Services under this Agreement shall become the sole and exclusive property of the Client, and shall to the extent permitted by law be a “work made for hire” within the definition of Section 101 of the Copyright Act (17 U.S.C. § 101), provided, however, the Company’s fees are paid in full. To the extent any work product is not deemed to be a work made for hire within the definition of the Copyright Act, the Company hereby agrees to assign to the Client all rights to such work product, provided however, the Company’s fees are paid in full.
14. TRAVEL
If the Company is required to travel on behalf of the Client under this agreement, Client shall reimburse the Company for all travel expenses reasonably incurred in connection with the performance of duties as a consultant, including photography.
Reimbursement in connection with the performance of Company’s duties under this Agreement will be made no later than 15 days following the Client’s receipt of the expense report on a Company-approved form, including written documentation and receipts, itemizing the dates on which expenses were incurred. Client will pay Company for the following expenses incurred while the Agreement between Company and the Client exists:
All travel expenses to and from all work sites, including baggage fees. Travel in the continental US and internationally by air will be made in economy class using fully refundable fares;
Meal expenses - no alcohol;
Administrative expenses;
Lodging Expenses for up to three nights; and
Miscellaneous travel-related expenses (transportation, parking, tolls, etc.)
If Company is required to drive their personal vehicle to Client for content work, Client will pay $0.67 per mile driven. Company will drive up to 250 miles roundtrip in a day, anything further will have to be considered driving overnight travel.
If Company is required to do driving overnight travel, Client is responsible for:
Vehicle Mileage (at $0.67 per mile)
Lodging Expenses up to one night
One Meal per Day - no alcohol
Miscellaneous travel-related expenses (transportation, parking, tolls, etc.)
15. REFUND POLICY
Due to the nature of the Services provided and the extensive time and effort that goes into the service(s), product(s), and/or program(s), the Company offers no refunds, and there is no refund policy whatsoever for any and all of the products or services we offer.
We do not tolerate or accept any type of chargeback from Client's credit card company or bank.
By entering into an agreement with Company, the Client acknowledges and agrees to abide by the terms of this refund policy. If you have questions about our refund policy, please email hello@solstice-collective.com.
16. ENTIRE AGREEMENT
This Agreement is the entire agreement regarding the terms and conditions of the Company’s engagement. Accordingly, it supersedes and replaces any prior oral or written communications.
17. MODIFICATION
The Company may update this Agreement or the applicable Statement of Work from time to time. At such times, the Company will present the Client with an updated version of this Agreement in writing, at which time the Client may either elect the new terms and continue this engagement or decline the new terms and end the engagement.
18. LIMITATION OF LIABILITY
The liability of the Company shall be limited to the total amount of fees due to Company under this Agreement. In no event shall the Company be liable for any indirect, incidental, special, consequential, or other damages.
19. SEVERABILITY
Suppose one or more provisions of this Agreement are held to be unenforceable under applicable law. In that case, the Parties agree that such provision shall be excluded from this Agreement and the balance of the Agreement shall be enforceable following its terms.
20. FURTHER ASSURANCES
Each of the Parties agrees to execute, acknowledge, and deliver in proper form, any additional documents and/or perform such further actions as may be necessary or appropriate to effectuate the provisions of this Agreement.
21. GOVERNING LAW
This Agreement and the rights and obligations of the Parties hereto shall be governed, construed, and interpreted following the laws of the State of Michigan without giving effect to principles of conflicts of law. The Parties agree that any disputes regarding this Agreement shall be subject to exclusive jurisdiction in the State of Michigan.
Contact Us
If you have any questions about these Terms, please contact us at:
hello@solstice-collective.com