Terms of Service

By purchasing any designs or services from Swoon Creative, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to these Terms, you are prohibited from purchasing any services or designs listed on this website (www.goswoon.com). The materials on this website are protected by applicable Copyright and Trademark laws. These Terms and Conditions are subject to change at any given time, with our without notice, and we advise you to read them prior to any and all purchase(s).

CONTRACT
The terms outlined above and below are general guidelines that must be followed. If you purchase a custom design from Swoon Creative, you will receive a contract via email that can be signed electronically for your convenience using EchoSign. Your project will not be placed in the queue until both the deposit and signed contract have been received.

PAYMENTS & REFUNDS
Payment can be made via PayPal or the Make a Payment page. A 50% deposit (one half of the final quoted price) is due upfront to hold your place in the design queue. Final payment is due once any and all design work has been completed and approved. Once the final payment has cleared, your design will be installed and/or any final files will be delivered to you, the client.

Due to the nature of digital design, we have a strict no-refund policy once work has been started on your design. For more information regarding my refund policy, please read through the FAQs.

TIMELINES & DELAYS
You will receive an estimated completion date when your project is placed in the queue. In general, you will receive your first draft within 2-4 business days after your project has been started. All time frames and dates are estimates. While we do our very best to deliver your proofs and completed project(s) as soon as possible, due to the nature of design work, delays can happen and are not considered a breach of contract or grounds for a refund. These events include, but may not be limited to: hardware, software, and any electrical failures; natural events and disasters such as: tornadoes, fire, flood; illnesses, death, riots, epidemics, war, and any other events constituting an “act of God.”

COMMUNICATION
Unless agreed to otherwise under special circumstances, all communication is done via email and a project management system called Freedcamp. The design process requires prompt and consistent communication between the design and the client in order to meet deadlines and avoid delays. For more information about my communication policy and why I prefer online-based communication, please read the FAQs.

HOSTING
If you are purchasing a WordPress design package, you must purchase web hosting separately. Swoon Creative does not provide, maintain, or support web hosting. If you are in need of a host, I have used and recommend Surpass Hosting since 2004

SUPPORT/MAINTENANCE/UPDATES
Once your final design has been approved and installed, you will have 72 hours to go through your site. If you run across any bugs or issues, let us know immediately within those 72 hours. NO AESTHETIC CHANGES to your site is included in this complementary support phase. All issues and updates requested after this 3-day window will be billed separately at $50 an hour.

Content & Backups
You are responsible for backing up all content and design files before installation of your new design. Swoon Creative can not be held liable for any loss of data that occurs before, during, or after installation. Swoon Creative will keep a complementary backup of your design files for 14 days after your installation date. It is your responsibility to keep your own backups. If you would like us to keep a backup of your files indefinitely, we will do so for $10/month storage fee which will be set up as a recurring payment. You may cancel your storage subscription at any time and your files will be removed from our server.

PRIVACY & Confidential Information
All correspondence between Swoon Creative and the client is considered confidential information and shall not be shared with any 3rd parties without the consent of the consent of the respective party. All clients agree to provide Swoon Creative and any of our designers with any and all requested hosting, domain, website, and blog account login information. We are professionals. This information is used for the sole purpose of installing your design and ensuring we have access to all necessary accounts for a quick and smooth installation. Your information will never be shared with anyone outside of Swoon Creative or stored past the date of installation.

LIABILITY
The completed services are provided “as is” once the service has been paid in full and all assets have been delivered. In no event shall Swoon Creative Studio/Kendra Treece be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials and services provided by Swoon Creative Studio, even if Swoon Creative Studio, Kendra Treece, or an authorized representative ha been notified orally or in writing of the occurrence or possibility of such damage.

Swoon Creative Studio/Kendra Treece make no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, but without limitation: implied warranties or conditions of merchantability.

COMPATIBILITY
All website and blog designs are tested for cross-browser compatibility and guaranteed to function and display properly on the most recent version of Internet Explorer, Mozilla Firefox, Google Chrome, and Safari at the time of installation. Swoon Creative does not guarantee your website or blog design to function and/or display properly on outdated or future versions of any and all browsers. Website and blog designs are designed to function and display properly on mobile devices; however, they are, by default, NOT responsive. If you would like your design to be responsive, a 50% up-charge will be added to your total bill.

COPYRIGHT & CREDIT
Permission is granted to the purchaser (aka the Client) for personal use ONLY. The Client is not purchasing the rights to resell, redistribute, reuse, or duplicate the design to be used on more than one platform without prior written permission. This includes, but is not limited to, any text, graphics, design elements, code, photography on the custom designs by Swoon Creative. You may not:

  • Reproduce or copy the materials
  • Remove any copyright or other proprietary notations from the materials
  • Transfer the materials to another person or “mirror” the materials on another server

A credit link will be placed at the bottom of your site. Any credit links appearing on your design once installed MUST REMAIN for the life of the design. Removal of any credit links are in direct violation of these Terms and Conditions to which you agreed upon by purchasing any of our services.

We reserve the right to use and display any premade or custom design to be used in any of our portfolios, social networks, media, galleries, promotional materials, or any other type of advertisements.