This is a Services Agreement between Bobolink Creative, LLC. and any individual, entity, or organization (client) that obtains digital services from Bobolink Creative.
Acceptance of Terms:
The following Terms & Conditions apply to all products and services provided by Bobolink Creative. Any work that we do for you is governed by the terms and conditions below. Commencing a project with Bobolink Creative indicates that you have agreed to and accepted these terms.
A written agreement will be provided for long engagement projects such as on-going Digital Coaching, Website Development, or Systems + Workflow Creation.
All short engagement projects such as Brand Identity, Digital Roadmapping, or Digital Jump Starts will not require a written contract, but will be accepted by indication of payment prior to project commencing.
Change of Terms:
Periodically, Bobolink Creative may revise the terms and conditions in this agreement, including the fees for digital services. If changes are made, new terms will take effect the next time Bobolink Creative is contracted for digital services. Any work that has been already completed or previously agreed to and initiated will continue under the agreement in effect at the time Bobolink Creative was contracted for those digital services.
Payment:
For all projects, an electronic invoice will be provided to client for payment and billing records. All payments may be made via credit/debit card or check made payable to Bobolink Creative.
For short engagement projects, unless otherwise agreed to, all projects are required to be paid in full upfront in order to secure a spot in production schedule and commence project.
For long engagement projects, a signed contract and a $500 deposit is required in order to secure a spot in production schedule. Unless otherwise agreed to, the remaining project cost will be broken down in one of two payment options:
- Automatic – Full project amount (less the $500 deposit if already paid) broken down into automatic weekly, bi-weekly, or monthly payments via credit/debit for the duration of the project timeline.
- Manual – Half down to start (less the $500 deposit if already paid) with remaining balance due at mid point of project schedule via credit/debit or check.
Bobolink Creative uses Level 1 PCI Compliant vendors to manage all electronic payments. For automatic billing, a valid credit/debit will be required to be on file and stored within our payment system. You agree to keep your billing information current and agree that you’re solely responsible for failing to do so, which may result in additional fees. If you need to update your billing information, you may do so by emailing payments@bobolinkcreative.com with an updated Electronic Payment Authorization form.
Download Electronic Payment Form
A 3.0% surcharge will be applied for any payment made after 5 days from the due date during the payment plan. A 5.0% surcharge will be applied for any payment made after 10 days from the due date during the payment plan and Bobolink Creative reserves the right to discontinue all work until outstanding balance (including late charges) is paid in full. Any maintenance costs will be paid upon completion of any updates or as outlined in a pre-paid maintenance agreement.
Client is responsible for payment of all applicable sales and use taxes.
Project Scope & Adjustments:
All design/development will be limited to two revisions. Any revisions beyond the allotted revisions will not be honored with the original contract and/or will require additional fees.
For Website Development and Systems + Workflow Creation, 30 days post-launch will be allotted for correction of any technical errors that may arise with site and/or system.
Any additions to project scope and budget will be added to the final balance due at the end of the project timeline.
Termination:
Client reserves the right to discontinue project at any time. Should client choose to discontinue project, deposit amount will not be refundable unless the outlined project timeline has not yet been started. Should client choose to discontinue project, payment will be required through current benchmark of the project as outlined. Should client choose to discontinue project, any completed and approved design will be considered property of client. All web development, coding and intellectual content will remain property of Bobolink Creative until final payment is received and project is complete. Should client choose to discontinue project, any and all provided content will be returned to client.
Ownership:
The client is the sole owner of project and all of its content upon completion. Any and all production of project will be approved by the client prior to project completion.
If multiple concepts are submitted to client, only one concept is deemed to be given by Bobolink Creative as fulfilling the contract. All other work remains the property of Bobolink Creative, unless agreed in writing.
Publicity:
Client agrees to grant Bobolink Creative the right to mention or display any services provided for Client on its website, and in marketing and advertising collateral.
Exclusivity:
Bobolink Creative provides services to a number of clients. Client recognizes and agrees that Bobolink Creative may provide services to a number of individuals and organizations, including potential competitors, and are in no way obligated to provide services exclusively to any client.
Force Majeure:
Bobolink Creative will not be in breach of agreement if fire, earthquake, illness, death, act of God, labor dispute, or other event beyond Bobolink Creative’s control prevents providing services in a timely fashion. Client will be notified about the situation and worked with to establish a timeline for completing services, if possible.
Disclaimer:
Bobolink Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Bobolink Creative will not be held responsible for any and all damages resulting from products and/or services it supplies. Bobolink Creative is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While Bobolink Creative takes reasonable steps to investigate the materials recommended, Bobolink Creative accepts no responsibility for the performance or quality of materials or any consequential loss arising from their failure. Client agrees not to hold Bobolink Creative responsible for any such loss or damage. Any claim against Bobolink Creative shall be limited to the relevant fee(s) paid by client.
General:
These Terms & Conditions supersede all other discussions, understandings, and negotiations between Bobolink Creative and Client, if any.