TERMS + CONDITIONS
SUPPORT + PROJECT MANAGEMENT
- Remote Support: We provide design and marketing support remotely, based on client- provided content.
- Requesting Support: Submit support requests via email. We process requests in the order received.
- Our Availability: Studio hours are Monday–Thursday (8AM to 5PM) and Friday (8AM to 3PM).
- Content Storage: We do not store websites or client-provided content after project completion.
- Project Deposits: A 50% minimum deposit is required to initiate website or graphic design projects.
- Social Media/Marketing Payments: Campaigns begin on the 1st of the month. Payment is due PRIOR to activity being performed, however no later than the 5th of the month to avoid disruption.
- Payment Methods: We accept various payment methods: nolamediadesign.com/payments
- Late Payments: Past Due invoices (beyond 30 days) or missed payments for third-party products (by the provided expiration date) will result in:
- Support suspension
- Removal of provided products/services that were not paid for
- Late fees of 1.5% per month (on provided services),
- Reactivation fees for third-party products (starting at $79)
- Unsupported Platforms: We currently do not provide design or technical support for Squarespace, Wix, Shopify, or G Suite/Google Workspace/Gmail
- Website Maintenance: We are NOT responsible for the long-term continuance, integrity, functionality, or security of websites not subscribed to a maintenance plan.
- Disclaimer: While we strive to elevate your brand awareness, we cannot guarantee specific results.
Copyright + Intellectual Property
We do not grant or authorize access to any website that we have designed to another designer. Duplication, re-use, or re-purposing of any website or portion of any website we have designed is prohibited. A “Website Designed by NOLA Media and Design” link is placed in the footer of websites we design. While this can be removed at the client’s request, another designer cannot replace our business name with theirs at any time.
Copyright law states that “The creator of a website’s design and content automatically becomes the legal owner of said assets. What the client owns outright is the text and photos they provided.” Intellectual property law dictates that “The completed product (website design) belongs to the creator of the work, not the business that paid for it.”
Note: We have no interest or benefit in “owning” a website that we have designed; however, websites design is protected by law from copying, duplication, or false claims by another party.
DESIGN PHASE
These terms are in place to ensure your project is completed on time and to your satisfaction.
- Once a design sample is approved, the client has 30 days to provide content and modifications to complete the site so it can be migrated away from our staging server to a designated server.
- Any changes requested outside of the scope of the project OR design phase timeframe are billable, via our hourly rate or a Prepaid Reduced Rate plan. Included content changes during “design phase” vary, refer to your approved proposal for details.
- Pending/abandoned website projects will be removed from our hosting server after 1 year of inactivity. If you’d like us to continue to host your pending project, hosting fees of $99/year will be due.
- Billable hours will incur for any website that remains on our servers beyond the designated design phase due to necessary maintenance needed to keep the site’s software up- to-date and secure from threat to our server.
3RD PARTY PRODUCTS
There is no contract for our design or marketing “services” however 3rd party “products” such as web hosting, email hosting, domain names, SSL certificates (https), and advanced/pro-versions of programs and plugins used to design your website or other collateral may require an annual financial commitment.
- 3rd PARTY PRODUCT SUPPORT – In the event we have facilitated 3rd party products on your behalf/by request, support hours will be incurred for various activities/support including but not limited to purchasing products on your behalf, annual renewals, client and vendor communication, product setup, modification and/or optimization. We do not directly provide “technical support” for vendor services.
- WEBSITE + EMAIL HOSTING is a 3rd party product subscription that is required to keep websites and email active, functional and secure. Hosting serves as storage for your website and email content. This space is not owned by you, but “rented” and renewable annually. If not renewed, the hosting vendor has the authority to delete your website files and email content from their servers. We do not provide backup storage unless specifically requested. Backups are available for a $69 fee, payable via any payment method here PRIOR to hosting expiration (once expired, the hosting vendor removes access to your files and they are scheduled for removal from their servers. Once deleted, files are not recoverable. We provide your backup to you. We do not store backup for more than 30 days. We do not have control of fluctuating 3rd party vendor fees.
- CLIENT RESPONSIBILITY – WEBSITE SECURITY + MAINTENANCE
When hosting a website with a third-party vendor, you, the client, are responsible for ensuring the website’s security and integrity. This includes keeping all software and components up-to-date to prevent vulnerabilities that could compromise your website and potentially impact other websites on the server. On shared servers, one infected website can compromise others. This is why hosting providers take security seriously.
FAILURE TO MAINTAIN A WEBSITE’S SECURITY CAN RESULT IN THE FOLLOWING:
Provider’s Right to Act: If a website becomes infected, the hosting provider typically has the right to:
- Suspend the Account: To prevent the infection from spreading.
- Remove Infected Files: To clean the server and protect other clients.
- Terminate Service: In severe cases, the provider may terminate the client’s hosting contract.
To mitigate these risks, you have two options:
Self-Maintenance:
- Technical Expertise: You must have the necessary technical knowledge and time to regularly update software, apply security patches, and monitor for threats.
- Ongoing Commitment: This requires consistent effort to maintain security and performance.
Professional Maintenance:
- Expert Support: Outsource website maintenance to a professional service that can handle updates, security checks, and backups.
- View our Website Maintenance Plans.
NOTE: We are not responsible for the long-term integrity, functionality, or security of websites that are not subscribed to a maintenance plan.
- DOMAIN NAMES – Domain name registration is necessary for a website, email addresses and another web-related service to be active/accessible. If a domain name you have purchased is not renewed/expires, it will be placed into a ‘redemption period’. If the domain is not reinstated by you during this phase, it is then made available for purchase by others within 60-80 days after the expiration date (in rare cases, up to 120 days).
- SSL CERTIFICATES (https) provide secure, encrypted communications between a website and an internet browser. SSL stands for Secure Sockets Layer, the protocol which provides the encryption. SSL Certificates secure web site pages that allow visitors to submit information over the internet, such as contact information, credit card details or passwords. More info.
- RENEWALS, LATE PAYMENTS + REMINDERS – if 3rd party products expire, the vendor may require late/restoration fees prior to re-activation. Not all expired hosting accounts can be restored. If your products expire and our support is needed to work with vendors on your behalf to restore them, hourly rates for our services will be charged. NOLA Media and Design is not obligated to repeatedly send 3rd party product renewal reminders once the initial notice/invoice has been sent. We do not store off-hosting backups of websites.