Please read through the Modern Muse Web Design terms of use prior to making a template purchase or payment for custom design work. By making a payment, you (the client) are agreeing to the terms outlined herein.
General Terms
The client may not resell, redistribute, duplicate, or modify any design work completed by Modern Muse Web Design without prior written consent. This includes, but is not limited to: content, graphics, XHTML code, and/or CSS styling. Certain exceptions have been provided for custom design clients (read below).
The copyright notice and design credits included on each custom web design and template may not be altered or removed at any time; all graphic and text links must remain in place and functional.
Templates
When a template is purchased, the client is given a single, non-transferable license to use the template on one predetermined domain. The client may not alter, duplicate, redistribute, or resell the template - this also applies to artwork used within the template. The rights to all template artwork and coding is retained solely by Modern Muse Web Design.
Templates must be paid in full prior to installation. Template purchases are non-refundable.
Custom Web Design
Custom design clients are given an exclusive, non-transferable license to use graphics and artwork designed by Modern Muse Web Design in their promotional and marketing activities. Derivative works are okay, provided that the client has written consent from Modern Muse Web Design. Otherwise, the reselling, redistribution, or duplication of a custom design and its related artwork is a violation of the terms of use.
The exclusive license will be transferred to the client upon receipt of final payment for all contracted design work. Should a client cancel their contract prior to making final payment, the rights to all coding and artwork created under that contract will be retained by Modern Muse Web Design.
A 50% deposit is required before any custom design work can begin, with the final 50% due upon completion. No custom web design will be published to the web until the client has settled all financial obligations as per the custom design contract. Should the client wish to cancel their contract after design work has begun, the client will only be entitled to a refund of 80% of any funds paid.
Permissions / Privacy
If the client selects "Yes" during checkout to grant permission to access their web hosting admin area, Modern Muse assumes permission to access the client's shopping cart admin area and/or their web hosting admin area. This information is always kept confidential and will only be used to install a web template, install a custom web design, or to provide maintenance upon the client's request.
The client must own or have permission to use any content, images, or files provided to Modern Muse Web Design; Modern Muse will not assume liability for a client's violation of copyright law and the client will assume all costs of litigation for any claims made by a third party for copyright infringement.
Support and Maintenance Issues
Full support is offered for Modern Muse custom web designs and templates. Any issues related to hosting, shopping carts, or domains must be directed to the appropriate service provider.
For a nominal fee, Modern Muse may offer, on a case-by-case basis, to do the legwork for a client in order to register a domain name and/or secure a web hosting account from a third-party provider. Fees for domain registrations and web hosting must be paid directly to the third-party provider. Modern Muse is in no way affiliated with any web hosts or domain registrars and will not assume liability for any lapse in service that may occur regarding a domain name or hosting account.
The Modern Muse hourly design rate is currently $40/hour. The hourly design rate will apply for any major design modifications or maintenance requests made by the client that are outside the initial terms of the custom design contract.
Other Notices
The client must be reasonably available for collaboration during their custom design project or template installation process. Modern Muse Web Design reserves the right to cancel a custom web design project or template installation at any time; should a client fail to respond to communication requests made by Modern Muse within 10 business days, their contract will be considered void and all funds paid will be forfeited.
Modern Muse Web Design implements basic search engine optimization techniques during the design and development of each custom web design project. However, Modern Muse makes no guarantees regarding traffic ranking, search engine page rank, or sales volume and cannot be held liable for limited exposure. It is the client's responsibility to acquire the skills necessary to operate their online store and to market and promote their web business.
These terms are subject to change without notice, so please be sure to read through these terms and conditions prior to making any future purchases or contracts with Modern Muse Web Design.
