Purchase Terms & Conditions for Products & Programs
Theresa Sheridan Designs (TSD) offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (Theresa Sheridan Designs), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. TSD reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.
Your continued use of this Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by TSD.
The term ‘Theresa Sheridan Designs’, ‘theresasheridan.com’, ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
All products are printed as item is ordered. It takes about 2-7 business days to create apparel products (t-shirts etc.) and 2-5 business days for non-apparel (posters etc.) products. Then you should add shipping times on top of that. Speed and price depends on product type and destination.
97.66% of orders are shipped within 5 business days. More than a half of our orders are shipped within 3 business days or less.
Returns & Refunds
Any claims for misprinted/damaged/defective items must be submitted within 30 days after the product has been received. For packages lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date.
If you need to return your order PLEASE CONTACT ME prior to shipping the item back. As all items are printed to order, we do not refund orders for buyer’s remorse. Size exchanges are offered, however they are at your expense for shipping costs and any additional cost due to larger size, etc.
Use the website at your own risk. This website is provided to you “as is,” without warranty of any kind either express or implied. Neither TSD nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free, nor is any warranty provided as to potential income or revenue as a result of using this Website. No agent or representative has the authority to create any warranty regarding the Web site on behalf of TSD. TSD reserves the right to change or discontinue at any time any aspect or feature of the Web site.
User may not reproduce, sell, give away, or otherwise provide any access to the materials and programs offered on this site to any individual or entity that has not paid for such materials and programs that are offered for sale. All materials are protected under Federal Copyright Law and failure to abide by these copyright laws may bring legal action.
The following are my written policies, contract terms & conditions that are issued to all prospective design and development clients with a written proposal for any work requested.
Design involves creating or modifying visual elements of a web site, or graphic element, creating custom web templates for page layout & color schemes.
Design changes, which vary from the originally approved site design plan, will be billed accordingly, but will not be completed without CLIENT authorization. Such changes include creating a new image or page, increasing graphic quantity, changing the basic concept or adding features after the site has been originally approved.
Maintenance is defined as any changes, regardless of content, initiated after the entire site design is approved and completed.
Revision is defined as any minor changes made to a design after a proof has been submitted, i.e, modifying a color, moving an element, modifying text, etc. Complete changes to layout and elements is not considered a revision, but another design and will be billed accordingly.
Site completion is defined as the site development performed by TSD. Website is considered complete when TSD has completed the build-out and development as approved by the CLIENT, to the extent TSD can no longer continue without content from CLIENT (see Paragraph 5).
2. Services to be Performed. Project Scope of Work and estimated costs are detailed in individual proposals issued to client when work is requested.
TSD agrees to complete the performance of website services within 30 days of final content submission from CLIENT. TSD will make every effort to stay within 10% of the written estimate; however, CLIENT understands and agrees that billings may reflect the additional 10%. In the event that additional time is needed in excess of 10% of the estimated charges, the CLIENT will be contacted for authorization prior to the additional work being performed.
All changes must be in writing and any changes to this agreement will necessitate the creation of a written addendum specifying changes. All changes will be billed at the normal rate of $95 per hour, or the current hourly rate.
Graphic Design projects will be completed as agreed upon on a per-project basis as needed by the CLIENT. Pricing for graphic design projects includes up to two (2) revisions of original chosen concept. Additional revisions will be billed at the normal hourly rate.
Pricing is valid for a period of 30 (thirty) days.
3. Estimated Costs. Estimated costs are detailed in individual proposals issued to client when work is requested.
4. Communication. During the initial website or graphic design project, communication will be primarily through Asana, an online project management platform. This will allow for easily tracking conversation threads, uploading images and files and help to keep the project on task and organized. After the initial project is complete, email is the preferred method of communication, for providing updates and forwarding new content updates and images. On occasion, phone calls are preferable if there is a large amount of content to discuss. TSD will not accept any content, at any time, that is submitted verbally, so that accuracy and reliability of content can be provided.
5. Content Submission & Copy.CLIENT will provide all copy for websites, advertisements or other projects in the final, print & web ready version. Copy must be copy/paste ready so that it can be easily inserted into website. Basic formatting will be provided to ensure a pleasing layout with accompanying photos, etc. TSD will use the spell check provided with the various software applications that are being used for CLIENT’s project, and light edits to spelling & grammar can be provided. If additional copywriting services are needed to correct grammar, punctuation, sentence structure and/or sentence flow, additional charges may be incurred to cover these costs. It is therefore highly recommended that the CLIENT double check all copy, or work with a professional copywriter to avoid these additional charges. Application spell check is not fool proof and may not find errors in correctly spelled words that are used improperly. TSD will not be responsible for poor conversion of site visitors. CLIENTs are encouraged to consult marketing & copywriting professionals to ensure that their materials will be effective in selling their product or service.
CLIENT will provide all content and materials within 60 (sixty) days of the date of this agreement (a Customer Project Timeline for content delivery will be provided at the onset of the project). FAILURE TO DO SO WILL RESULT IN THE PROJECT REVERTING TO THE END OF THE QUEUE AND THE PROJECT WILL NOT MOVE FORWARD WITHOUT AN ADDITIONAL INSTALLMENT PAYMENT OF 30% OF THE TOTAL PROJECT PRICE.
If the site is COMPLETE, as described in the definitions at the beginning of this contract, and CLIENT has still not delivered content to TSD, final payment is due within 30 days of completion date. CLIENT can then deliver the remaining content at their convenience during the remaining period of this contract (6 months from contract signing date), however PROJECT REOPENING FEES may apply.
If the project or services cannot be completed within 6 (six) months of the date of this agreement due to delays created by CLIENT, this contract becomes null and void, the pricing provided in this contract will no longer apply and CLIENT forfeits any moneys paid. A new contract must be entered into and paid in full prior to TSD continuing any work on site.
6. Website Maintenance and Updates. Hourly website maintenance and updates are billed at the hourly rate of $95 per hour, or the current hourly rate. Billing is in 15 minute increments, with a half hour minimum charge, so CLIENTs are encouraged to send as many updates as possible at one time.
7. Deliverables. Graphic design work will be provided in PDF, JPG, PNG or EPS (Vector) format, depending on what is suitable for the individual project.
WordPress websites are installed and built on either a live hosting account, or temporary server and then moved upon completion.
WITH THE EXCEPTION OF LOGOS, YOU ARE PURCHASING A FINISHED PRODUCT ONLY. Original artwork source files (PSD, AI, etc.) will remain the property of TSD. If CLIENT wishes to be provided with these original source files, additional charges may apply.
8. Copyrights and Trademarks (CLIENT Submittals). The CLIENT represents to TSD and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to TSD for inclusion in project are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend TSD and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.
Graphic Design Work. Copyrights for logos and other print graphic design work are automatically transferred to the CLIENT upon full payment for service. TSD retains all rights to all preliminary artwork that is provided to CLIENT prior to final versions. Should CLIENT cancel this contract after preliminary designs have been submitted, CLIENT forfeits the use of any of these preliminary designs for any future projects.
Website Design Work. Copyrights to web graphics and website layout created by TSD are automatically transferred to the CLIENT upon full payment of this contract, to use as needed for the intended purpose in this website. CLIENT does not have rights to use these graphics & images outside of the intended use. As these designs are created for use in a website, resolution for use in other media may not be satisfactory. The recreating and/or reformatting of said images and graphics for print media can be provided, however additional charges will apply and will be billed at the current billing rate at the time the service is requested. If a logo design was not a part of this contract, and CLIENT does not possess a logo that was used for this website, the use of any company name graphic in the form of text that was created by TSD, is NOT the property of the CLIENT, and the CLIENT does not have copyrights to that graphic. If the CLIENT wishes to transfer that use to a logo design for print and other media, normal logo rates will apply.
TSD reserves the right to use all created materials for website or graphic design in a portfolio. CLIENT agrees to allow an author statement and a link to TSD in a credit portion at the bottom of each page of the website.
10. Premium WordPress Products. TSD uses many paid developer versions of several WordPress products, such as themes and some 3rd party plugins. TSD does not charge additionally for the use of these premium products, and during the course of this contract term, Client has permission to use these products for their website, at no additional charge. If Client terminates this contract and the relationship with TSD, Client may forfeit the right to use these products unless Client purchases their own license to said products at time of termination.
11. Access to website hosting & FTP accounts, cPanel & dashboards. TSD will require full access to CLIENT’s hosting account, FTP account, & hosting cPanel or dashboard, with the web hosting provider of their choice. Website pages & changes cannot be uploaded without such access. Failure to provide access will result in unnecessary delays in completing the project for the CLIENT.
CLIENT agrees that they will not access the site prior to its completion by TSD. This may result in additional charges to the CLIENT, stemming from changes they have made that require additional revisions by TSD that are not built into the contract price.
12. Invoicing & Payments.
Custom Website Design: In consideration of TSD’s performance of these services, CLIENT agrees to pay TSD a down payment equal to 40% of the lowest estimated cost of the completed website upon execution of this agreement.
The remaining balance for website work will be billed as follows:
- Thirty (30) days from contract date: 25% of project amount
- Sixty (60) days from contract date: 25% of project amount
- Seventy-five (75) days from contract date, or prior to training and turning over of all account log in credentials, whichever occurs first: Final balance due (10% of original contract amount, plus change orders and Out of Scope work).
Starter Website Packages: In consideration of TSD’s performance of these services, CLIENT agrees to pay TSD a down payment equal to 50% of estimated cost upon execution of this agreement. The remaining balance for website work will be billed as follows:
- Thirty (30) days from contract date: 25% of project amount
- Sixty (60) days from contract date or prior to training and turning over of all account log in credentials, whichever occurs first: Final balance due (25% of original contract amount, plus change orders and any Out of Scope work).
CLIENT training will not be performed, and control of website (including log on information and passwords) will not be handed over until payment has been received in full. Client training must be completed within 30 days of final payment, or client may forfeit the included training, unless prior arrangements are made.
Subsequent updates and revisions will be billed monthly upon completion if a maintenance plan has not been purchased. Occasionally, progress billings are necessary that may differ from this schedule.
In cases of hourly work only, a minimum $250 deposit is required prior to any work being performed.
Graphic Design: A $250 deposit is required on all projects up to $500, or the total of the project estimate if less than $250. A 50% deposit is due on projects greater than $500. The balance is due prior to forwarding full resolution images, source files, or providing printed copies. Subsequent projects, depending on size, may be billed upon completion on an individual basis.
Printed items: Invoicing for printed items will be billed monthly as projects are completed. Projects over $100 will require a pre-payment prior to going to print.
Email Marketing Plans & SEO Packages: Full payment is due prior to commencement of project.
Terms are Net 15. Delinquent bills will be assessed a $15 late charge if payment is not received within 15 days of the due date. If an amount remains delinquent 30 days after the due date, an additional 5% penalty will be added for each month of delinquency. If late payments are assessed more than twice, TSD will not perform subsequent work without the benefit of a retainer.
TSD reserves the right to remove web pages from viewing availability on the Internet, or remove any premium theme and/or plugin until final payment is made. Should collection activities become necessary, the CLIENT agrees to pay all fees relating to said activity.
Rush rates for any service are available for an additional fee. Any project required in less than 24 hours will be billed at a 25% increase. Any project required in less than 12 hours will be billed at a 50% increase, if TSD’s schedule allows. For rush items required outside of a 24 hour period, but cannot wait for TSD’s normal work schedule to accommodate it, client will be charged an additional 15% of total project price. A pre-payment for project maybe required.
13. Cancellations. This contract can be cancelled by CLIENT in its entirety within 5 days of signing, assuming no work has yet been performed by TSD. Cancellation request must be in writing. If work has already begun, CLIENT forfeits any deposit made, regardless of the amount of work that has been performed. THERE WILL BE NO REFUNDS. If work has proceeded to the extent that the deposit amount has been exceeded, the CLIENT will be responsible for any charges incurred for that additional work. WORK is defined as any time spent on the project in email or phone communications, planning. designing, researching, etc.
Should CLIENT violate of any portion of this contract, the remaining portions of the contract will remain in effect in their entirety, until such time as CLIENT provides written notice cancelling the contract.
14. Other CLIENTs. TSD retains the right to perform services for other CLIENTs.
15. Independent Contractor. The parties intend TSD to be an independent contractor in the performance of these services. TSD shall have the right to control and determine the method and means of performing the above services. CLIENT shall not have the right to control or determine such method or means.
16. Warranties, Disclaimer and Liability. TSD cannot guarantee that the functions of the website, printed materials, or other products and/or services will meet the CLIENT’s expectations of site traffic or resulting business. In no event shall TSD be liable to the CLIENT or any third party for any damages, including lost profits, lost savings or other damages arising out of the operation of, or inability to, operate these Web pages or Web sites, or the suggested ineffectiveness of other printed materials and services. TSD is not a promotion/search engine submission company and cannot guarantee specific placements or listings with search engines or directories.
TSD provides a 30 day warranty period effective immediately upon CLIENT receiving their log in credentials from TSD. This warranty is to ensure that all installed aspects of the site are functioning as intended without error. TSD recommends that client refrain from performing any updates to the site during this period. If this is not possible, CLIENT agrees that this may limit the warranty provided by TSD.
Post initial 30 day warranty period, in the event that CLIENT is performing their own website updates and maintenance, TSD cannot provide any warranty to repair, edit or correct any element of the site that becomes dysfunctional, as TSD does not have exclusive control of the website. Any work that is performed to repair or correct the website will be billed at the current hourly rate.
Rates for any services or products not selected under this contract, and future work performed by TSD are subject to change at any time without notice.
We will make every effort to locate and correct all errors prior to your review; however, CLIENT is responsible for final proof. Our responsibility is limited to providing you with original page(s) only and does not extend to duplicating changes. Errors or omissions found thereafter are CLIENT’s responsibility.
All typeset and print work requires a digital approval. Should an error in typesetting be found after print is run, CLIENT will be responsible for reprint charges.
TSD uses premium WordPress themes for site construction, and owns developer licenses to these themes. During such time as TSD is performing work for the CLIENT, CLIENT has use of this theme for their website, and theme support can be accessed by TSD for theme updates, troubleshooting, etc. In the event that CLIENT terminates the working relationship with TSD, CLIENT may forfeit the right to use the theme for their site, however unless they purchase their own theme license from the theme author at the current retail price, theme updates and support will no longer be available.
In the event that CLIENT is performing their own updates and site maintenance, TSD cannot provide any warranty to repair, edit or correct any element of the site that becomes dysfunctional, as TSD does not have exclusive control of the website. Any work that is performed to repair or correct the website will be billed at the current hourly rate.
17. Length of Contract. This contract defines TSD pricing for project(s) detailed in individual proposals. Hourly rates are subject to increase due to increased costs and inflation, however 30 days written notice will be provided. All other terms and policies of this contract are subject to change without written notice. This contract, and all terms therein, becomes null and void if client has not used TSD for subsequent work for the period of one (1) year.
***NOTE: Site maintenance and updates to WordPress, 3rd party plugins & theme are critical to the security of your website. Sites that are not maintained and updated regularly are more vulnerable to malicious hackers. To make things easier for my clients, I offer a monthly maintenance plans to keep things up to date and reduce the risk of your site being hacked. Monthly maintenance plans start at $59/month, there are four plans to choose from. Please click here to find a plan that is suitable for you > Website Maintenance Plans
While no one can guarantee that your site will never be hacked, if you are not able to monitor and maintain it on a monthly basis, this service is very highly recommended for the security of your site.
During the contract process with TSD, you will have the opportunity to OPT IN or OPT OUT, of a maintenance agreement to monitor your site to help thwart hacking attempts.