Elite Terms & Conditions
Reservation of Rights: All rights not expressly granted above are retained by Olly Olly, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.
There are no charges for standard revisions or changes to the site. Additional fees can be charged for any revisions that are made after launch and are limited to products such as plugins that add functionality. Complete redesign of site every 2 years is included.
2. WEBSITE PAYMENT SCHEDULE:
First payment will be deducted immediately. Second payment is deducted 6 weeks from initial payment then every 30 days after that.
3.0 CANCELLATION FEES:
There will be no fees to cancel. To do so, the client will need to call their dedicated point of contact to cancel between the hours of 8:30am and 5pm EST. If you cannot reach them on their direct line, please call our support desk at (866) 610-7285. Client must submit their notice of cancellation no later than 5:00 p.m. EST on the day before the next billing date to avoid further charges; provided, that if such day is a Saturday or Sunday or a federal holiday, then no later than 5:00 p.m. EST of the last business day immediately prior to the start of the next billing cycle. Upon confirmation of your notification by our support team, all reoccurring payments will be stopped. Cancellations via email (or any other communication other than a call, will not be accepted)
3.1 OWNERSHIP OF THE SITE:
By signing the agreement, the client is committed for a minimum 6 monthly payments.
Client must have 12 paid months with Olly Olly to take ownership of the site or pay a $2,500 buy out if they want to own the site before 12 months have been paid .
Payments made to Olly Olly within the guidelines of this agreement are non-refundable.
5. PERMISSIONS AND RELEASES:
The Client agrees to indemnify and hold Olly Olly harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives.
In the event of us finding better software, plugins, platforms, add-ons, or other website enhancing accoutrements, there may be additional purchases that need to be made. These purchases will lie outside of your monthly payments. We will always alert you of these additional purchases and try to give you payment-free alternatives alongside these additional purchase recommendations.
This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State in which you reside and courts of such state shall have exclusive jurisdiction and venue. This Agreement must be signed and returned before Designer can schedule or begin this job.
We can’t guarantee that our work will be error-free (we’re human!) so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
10. STRATEGY & DESIGN:
We’ll deliver a branding strategy and design a new logo. After the strategy and design is approved we’ll deliver a branding guidelines document. You’ll have two or more weekly opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you will pay us in full for everything we’ve produced up to that that point and then cancel this contract.
11. AUTHORITY TO ENTER INTO AGREEMENT:
Client and the person(s) signing the Agreement on behalf of client, have full power and authority to incur and perform the obligations under the Agreement, all of which have been duly authorized.