Terms & Conditions

The terms and conditions, as outlined below, represent the terms in which all clients agree to when interacting with Adam Dworak. The terms and conditions stated are considered agreed upon and fully understood when the initial payment is received as a deposit, in any amount, and the signed sales agreement (last page of signed proposal) is obtained, confirming the signed proposal provided is 100% accurate and understood. Should you have any questions about the terms and conditions, please contact me.

 

Terms and Conditions

By placing an order with Adam Dworak ,

You, the client, agree to the following terms & conditions:

“Orders” are defined as any agreement entered into with Adam Dworak in which money is exchanged for products or services being rendered by Adam Dworak . In the case of web design or web development projects, a document referred to as a “proposal” is provided to you and once finalized, is signed off on by you, the customer. A link and reference to the terms and conditions below is contained within all proposal documents.

1. Turnaround Time | Delivery

PRINTING

Adam Dworak  estimates that all orders containing only flat pieces will be ready to ship within 7 business days from the business day he receives the completed order. All orders placed before 5pm central will be considered ordered that business day. Any order placed after 6pm will be considered ordered on the following business day. Adam Dworak will do everything in its power to correctly produce your job in a timely manner, but can not guarantee a specific shipping or arrival date. The 7 business day turnaround is an estimate, and is not to be confused with any guarantee.

Print turnarounds vary depending on the type of piece or pieces being printed, the quantity, and other finishing options. Essentially all pieces fall within a 2 to 4 or a 5 to 7 day turnaround time “at the printer” prior to being shipped. The term “at the printer” refers to the turnaround time anticipated upon the proofs / final versions of the files needed to produce the print being provided to the printer to the time in which they are actually printed and finished. All clients should allow additional time for shipping. Shipping estimates are based on the shipping time as purchased. He is not liable or responsible for the shipping turnaround time as promised by third party vendors such as UPS / USPS / FEDEX / DHL.

WEB DESIGN

Adam Dworak and the client must work together to complete the web design or web development project project in a timely manner. He agrees to work expeditiously to complete the web design project before or within the timeframe decided upon and outlined within the “signed proposal” document.

A turnaround time is often suggested in the proposal itself. The timeframe issued can vary from weeks to months, depending on the size and difficulty of the project. Timeframe estimates which are issued upon the delivery of the signed proposal strongly depend upon the involvement of the customer and their interaction. Content, files, and other materials which can only be rendered by the customer are at times required in order to complete a project within the time which has been estimated. Though Adam Dworak makes an effort to assist clients with content there are client materials which he requires to be provided with at times.

Furthermore upon the delivery of a “development link” the estimated time anticipates no revisions as he is providing you with a completed project, per the signed proposal, pending any revisions which you may have which his team will execute should they be needed. Extended revisions or additional time in which the client needs to formally produce revisions can greatly affect the time of completion. Additional work which is not initially included in the signed proposal can also extend the turnaround of a project.

Thus it is important to specifically note that:

  • Turnaround times are educated estimates, not guarantees
  • The turnaround time is based on the development link delivery
  • Client interaction is required to stay within expected turnaround timeframes

It must be specifically noted that Adam Dworak is not obligated to fulfill work within any pre-determined time period. He understands the importance of developing projects on time to assist clients with their goals and deadlines and has demonstrated ability to deliver projects in a timely manner however all dates issued are goals or estimates in which he anticipates work being completed within. Dates strongly require the interaction of the client as outlined above.

In the event that a client is unable to provide him with the necessary materials or content for a website, Adam Dworak holds the right to place “filler content” in the website to push the process along. His team works with clients in a very customized and complete manner. He will offer all possible assistance in the development of content and advice so that a project can be completed the correct way.

Adam Dworak makes all clients aware that programming based development and development involving the construction of pages does not begin until all content has been collected and or generated. Without content there is no substance or design element to base the construction around, thus, it is extremely important. Adam Dworak does however continue to work during this timeframe on graphical items, planning, management, framework, and other items involving the construction of the project. Therefore, NO TIME PERIOD after the “date of sale” and “date of signed proposal delivery” is considered lost time. Multiple items both tangible and intangible are required to bring a project to completion.

2. Sale Terms | Project Termination

All sales are final. Regardless of the project size, phases, project staging, payment arrangement, finance option, project success, or payment method, the full balance is considered owed upon signing the proposal.

The method of payment is outlined specifically in the signed proposal document and all remaining balances which may be owed will be charged utilizing that payment method unless Adam Dworak is specifically informed otherwise in writing. Clients working with Adam Dworak also understand the delivery of payment is usually due at the delivery of the development link, or as specifically noted in the signed proposal. As an act of good customer service, Adam Dworak continuously reminds clients of their payment due date by means of status update emails.

Adam Dworak issues multiple notices throughout the process, making you aware of the balance due, how to submit payment, and when you should expect it to be charged.

Project termination and agreement fulfillment is reached upon full completion of the project. This involves Adam Dworak producing the project, as per the signed proposal, then offering the purchasing client a revisions phase in which revisions (as defined below) are offered and executed. Project satisfaction and proof of delivery is obtained via his receipt of the signed release form which all customers are required to sign off on to fully release the website live or to be considered complete and ready to “be live” upon your request.

3. Inactive Projects

At times, Adam Dworak clients become unresponsive or fail to provide him with the required interaction needed to complete a project. This typically involves items such as:

  • Failure to provide him content
  • Failure to provide any revisions or feedback
  • Unable to communicate (bad phone / email)

Adam Dworak’s inactive-project-policy is as follows:

He and his team will attempt to contact you both over the phone and in writing multiple times for courtesy reminders as to what his requirement may be. Should he fail to communicate with you or be unable to obtain the required material as listed above within a 60 day timeframe starting from the date of request, he withholds the right to mark a project as inactive.

Inactive projects are subject to a one-time $300.00 fee to become active again. This penalty is in place due to his strategic planning and development cycle process which is broken should the project undergo negligence on your behalf. Upon payment, the project will be activated and resumed where it had left off.

Adam Dworak cares about each and every client and attempts to professionally resolve any matter. Communication is key to avoiding inactivity. Furthermore it should be specifically stated that any balance owed at the time a project becomes inactive is still considered due and payable, regardless of which phase the project may be in. Please see section 2.0 (all sales are final).

4.0 Finance Options

No in house financing is available.

5.0 Hosting

All websites require hosting. Adam Dworak does not require clients to purchase hosting through him. Some customers do elect to purchase hosting through Adam Dworak so that his hosting benefits can be taken advantage of however it is not a specific requirement unless the project is still has a balance due. Adam Dworak and his team hold the right to retain all files on his hosting platform until full payment has been made should the client elect to host the website independently. If an independent host is selected, the client agrees to provide Adam Dworak with all required access that is needed to fully test, upload, and manage the website itself. This usually involves both database access and ftp access.

Clients working with Adam Dworak which have elected his hosting service understand that hosting begins immediately upon purchase. Hosting is required to establish items such as placeholder pages, email accounts, and hosting test files. Hosting agreements are outlined as part of the signed proposal document and are month-to-month arrangements, without contract.

6. Hosting Cancellations

If for any reason a client decides to cancel any one of his month to month, no contract hosting packages, full ownership of the website and all of its files are turned over to the original client. The website can only be issued to the original client who pays for the website and no other web development company. All final amounts owed to Adam Dworak for hosting will be paid the day the request to cancel has been placed and the website will be downloaded, backed up, and then forwarded to the client VIA CD rom or email, depending on the size of the website.

Adam Dworak is not responsible for any down time or loss of business due to the transfer of the website to another party, nor is Adam Dworak responsible for hosting stability and business warranty due to hosting stability. Clients enter into a seperate agreement with Adam Dworak  for hosting and no guarantees on hosting are provided. Adam Dworak will provide any client no longer hosting with his party a CD which contains the entire website and / or database on a disc. Transferring and setup on 3rd party hosts is not his responsibility and is subject to additional charges.

7. Revisions Process

Upon the completion of the web design project and delivery of the development link Adam Dworak allows for 1 full round of revisions from the customer. Revisions are defined as minor in scope and consist of items such as but not limited to: font sizing, positioning of text, image changes, and content adjustments. Items which are not considered revisions are adjustments such as: new pages, page renaming and complete re-working of content, structure changes in the layout of a page, the switching of a design example, template, or reference site, complete color scheme changes, website pixel changes which adjust the width of a page, or any other deep structure related adjustments. Significant requests for revisions are classified as additions and are quoted out during the revisions confirmation cycle.

Often times, Adam Dworak will proceed with a web development project using “latin filler text” in order to make it a viewable / tangible product. At the completion of the project per the signed proposal, he accepts content to replace the filler text during the revisions phase. Items which are requested beyond the clients complete review of the website (revisions) are considered billable. He will quote the additional adjustments or additions and bill as noted above. In good faith, he  does allow for additional minor modifications prior to releasing the website live should revisions beyond the initial set be required.

Revisions are required to be submitted as a full set to his party, in writing, which are confirmed with you in writing and over the phone if needed.

8. Quotations/Estimates

Prices quoted are subject to change without notice. Written estimates are good for 30 days. An estimate not accepted within 30 days may be changed. All pricing issued in the “signed proposal” is exactly what the client will pay for services. Adam DOES NOT bill by the hour nor does he “tack on” additional fees for the work defined.

9. Order Refusal | Copyright

Adam Dworak  reserves the right to use its sole discretion in refusing to print or produce any website it deems improper or known to be illegal. Adam Dworak is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The client guarantees the legal title of all matter submitted to Adam Dworak for printing and/or web publication. Web development work done by his company, Adam Dworak , is also owned by the paying client. The client is responsible for all and any content posted on the website regardless of which party gathered it. He are not responsible for any e-copyright infringement. Any information sent to him, information meaning images, text, and content, is considered “legit” and will be utilized on the website. This also remains true for any artwork selected by any member of his design team. In the action of his company implementing graphics or text he will strive but not guarantee that all items placed are 100% copyright “OKed” and the client will always be responsible for any content on his or her website. Adam Dworak also holds the right to re-use any programming constructed by his party along with any content which was generated by his team.

10. Liability

Adam Dworak’s liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. Adam Dworak warrants that every product manufactured by it meets industry standard for such product and is free of any material defect in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. Adam Dworak makes no other warranty and no actions or words of Adam Dworak or its officers, employees or agents shall constitute a warranty. He does however guarantee that all web design work or programming that he complete will “work” and function as designed long as the project is hosted on his servers and no FTP information is owned by the client which allows product manipulation.

Should the client request FTP access of their website a release form is first signed off on by the client and access is given. All modifications, changes, stability, and features are then the responsibility of the client.

Furthermore, Adam Dworak  cannot and will not be held responsible or take on any liability for any website construction that does not meet local or state laws or that falls under a malicious attack such as a computer hack. All data, web programming, features, functionality, design, and construction becomes owned by the client at the time of sign off. He is not responsible for any stolen information gained by a hacker on a website he has built and delivered to a client. Adam Dworak is also not responsible for any down time or loss of business due to the development time needed to produce the agreed upon product.

11. Indemnification

The customer represents that it has the legal right to produce all printed materials ordered from Adam Dworak. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a “Claim”) is made or commenced against AdamDworak.com based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by Adam Dworak ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold Adam Dworak harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending Adam Dworak against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing Adam Dworak for any legal fees and expenses it reasonably incurs in responding.

12. Electronic Manuscripts/Images

It is the client’s responsibility to maintain a copy of the original computer files, artwork and transparencies. Adam Dworak is not responsible for accidental loss or damage to media supplied by the client or for errors on supplied artwork furnished by the client. Until Adam Dworak can evaluate digital input, no claims or promises are made about his ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize client-supplied files will be charged at his current rates. Adam Dworak does not archive your work for longer than it takes to produce the final product. Please save your work!

13. Disputes & Venue

For legal purposes, the venue for any dispute including all law suits, mediation, and legal exchanges, shall be Cook County, Illinois, USA. Adam Dworak  is a sole proprietor located in Chicago, IL.

In the event that legal action is taken Adam Dworak holds the right to “cease all work” on a project until resolve has been met; this circumstance is only valid if a project is still in any phase of development. In the event that legal action is taken after development has been completed, Adam Dworak holds the right to “remove a project” or “remove a website” from his hosting servers if the item in dispute involves the website which was drafted and or the hosting charges involved. Adam Dworak also holds the right to pause development of any project which enters ARBITRATION or charge-back status through any credit card merchant.

14. Right to Subcontract

Adam Dworak shall have the right to assign any portion of the work required to another contractor.

15. Workmanship Guarantee

Adam Dworak guarantees all orders to be free of defects in workmanship. If any order does not match the generally accepted trade standards, he will re-print the order or issue the customer a refund at his discretion. In the event of color-matching, Adam Dworak will print files to spec using the CMYK process. Exact color matching is never guaranteed though Adam Dworak will look at color accuracy on a case to case basis for reprint requirements. Software updates to third party tools such as FORUMS, WORDPRESS, JOOMLA, and other CMS platforms are not considered fixes nor are any errors which take place due to upgrades.

16. Privacy Statement

Any information Adam Dworak collects from order processing or from any inquiries is not shared with any other company.

17. Samples

Adam Dworak might use your product for samples or advertising purposes. Even in cases in which a website is “white labeled”, the agreement to these terms and conditions allow him to showcase your product as part of his work. Adam Dworak holds the right for portfolio demonstration of any product he develops without consent from any client or party.

18. Billing

Your credit card bill will read “AdamDworak.com” or “Paypal” or  other terms which reference his company. Billing will be executed VIA the payment method initially provided on file unless specifically suggested otherwise in writing. Payment is due at development link in most circumstances but will always be paid VIA the statement issued in the signed proposal.

19. Changes

Adam Dworak may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless stated otherwise. This policy was last revised on May 27, 2012.