AS Designs & Services LLC - Terms of Service

The terms of services from AS Designs & Services LLC, ASDesignsAndServices.com & HiloWebDesign.com, ASDS llc, ASDSllc.com, [hereafter referred to as "A.S. Designs & Services"] constitutes agreement to these terms.

You may view our Privacy Policy here.

 

Graphic Design, Print Ad, Logo & Label Design Projects

Being an all-digital design shop means that you are responsible for providing us with all artwork corrections for your pre-published or pre-print Ads and Labels.  Please note that it makes good sense to check your designs (and spelling) before print approval - corrections or modifications made after the approval/proofing stage will incur extra charges, as we need to make design changes and repeat the entire pre-press process to incorporate the new files.

In summary, A.S. Designs & Services and our artists have done everything possible to make the artwork and files perfect. However, A.S. Designs & Services and it's designers/affiliates are not responsible for it's final approval, so please be sure to check all copy, dimensions and color seperations.

 

Website Design & Development

All Web Design & Development services provided by A.S. Designs & Services are subject to the following terms and conditions.
 
Estimates & Contracts
Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.
 
Charges & Fees
All new web design projects require an initial 50% deposit that will be due at contract signing. The remaining 50% balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.

All new web design projects that exceed $600 US can be split into three payments. An initial deposit of 1/3 of the total project cost will be due at contract signing. A second payment of 1/3 the total project cost will be due upon acceptance of the design. The final balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.

Any check payments that do not clear will be charged a $35 fee. A.S. DESIGNS & SERVICES retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)
 
Payments
A.S. Designs & Services accepts payments via Cash, Check, PayPal and all major Credit Cards. Your payment should come from PayPal available funds or credit card.  Your project will not be released to you or uploaded until full payment is received.
 
Hours of Operation
Our business hours are Monday-Friday from 9am-5pm HST.  If you require maintenance after the posted hours, such as on weekends or holidays, you will be charged our base rate of $95 per hour with an additional charge of $45 per hour for after hours assistance.
 
Web Site Design Credit
All A.S. DESIGNS & SERVICES custom web design clients will have a Design by: A.S. DESIGNS & SERVICES link on their website in the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay A.S. DESIGNS & SERVICES a fee of $250 to have this link permanently removed. Should you have a new layout designed for your site by a company other than A.S. DESIGNS & SERVICES, you may remove the credit from your website. Thank you.
 
Copyright & Ownership
Upon completion of the project, A.S. DESIGNS & SERVICES transfers all rights and ownership of CUSTOM designs and programming written by A.S. Designs & Services to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.

Ownership and copyright of all Template Monster, HostGator and Limited Edition Templates available in our stores remain with A.S. Designs & Services and are not transferred to the client.

A.S. DESIGNS & SERVICES reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by A.S. DESIGNS & SERVICES but not in legal use by the client.

A.S. DESIGNS & SERVICES reserves the right to display websites and graphics that have been designed by A.S. DESIGNS & SERVICES on their website, and in any marketing material to aid as examples of our work.
 
Refunds
A.S. DESIGNS & SERVICES requires a deposit before we begin work on any project. A request to terminate services must be presented to A.S. DESIGNS & SERVICES in writing. A.S. DESIGNS & SERVICES has a Guaranteed 90 Day Turnaround for your project. If we fail to complete your project within 90 days of the start date AND you have turned in all content, images and information requested by us, you will recieve a 50% refund within 30 days of your written request. Otherwise, please follow the refund terms below.

Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.

** Because we resell hosting for a larger company, we are unable to offer refunds on hosting, SSL and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs.
 
Chargebacks
A.S. DESIGNS & SERVICES will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.
 
Development & Delivery
A.S. Designs & Services understands the importance of completing projects in a timely manner. We agree to complete the web design project within 90 days from the date of contract signing. If the client does not supply A.S. Designs & Services with complete text, graphic content and other requested materials for the contracted client within 90 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to A.S. Designs & Services for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between A.S. Designs & Services and the client.
 
Non-Communication
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
 
Liability
Services purchased from A.S. Designs & Services LLC are provided "as is" without warranty of any kind that the project will be uninterrupted or error free. In no event shall A.S. Designs & Services LLC be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, mobile app, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, mobile app, services, and/or goods provided to the client. The entire risk as to the quality and performance of the project is with the client.

International Customers
We are happy to accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via Credit Card. All International transactions are subject to pay the additional Credit Card Fees prior to start of project. This is non-negotiable.

Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. Exclusive jurisdiction and venue is as governed in the district court of Hilo County, Hilo Hawaii.
 
Acceptance
Please note that by submitting your Deposit or downpayment for our services you are agreeing to all of our terms of service as written here. A.S. Designs & Services reserves the right to change or update these terms at any time without prior notice.

 

Mobile App Development

All Mobile App Development services provided by AS Designs & Services LLC (ASDS llc) are subject to the following terms and conditions.

Estimates & Contracts
Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.

Charges & Fees
All new projects require an initial 50% deposit that will be due at contract signing. The remaining 50% balance will be due upon acceptance of the completed project before it is released to the client or published.

All new projects that exceed $10000 US can be split into three payments. An initial deposit of 1/3 of the total project cost will be due at contract signing. A second payment of 1/3 the total project cost will be due upon acceptance of the Design/UI. The final balance will be due upon acceptance of the completed project before it is released to the client or published.

Any check payments that do not clear will be charged a $75 fee. AS Designs & Services LLC retains the right to hold all graphics, coding, and project development content with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)

Payments
AS Designs & Services LLC accepts payments via Cash, Check, PayPal and all major Credit Cards. Your project will not be released to you or published until full payment is received.

Hours of Operation
Our business hours are Monday-Friday from 9am-5pm HST. If you require support after the posted hours, such as on weekends or holidays, you will be charged our base rate of $95 per hour with an additional charge of $65 per hour for after hours assistance.

Project Credit
All AS Designs & Services LLC clients will have a App’d by ASDS llc link or logo designed into the apps UI in the footer of the app’s intro page or every page. All credit applications will be submitted to client for approval during the UI Design Phase of the project.

Copyright & Ownership
Upon completion of the project, AS Designs & Services LLC transfers all rights and ownership of CUSTOM designs and UI to the client. Software, Open Source, and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.

AS Designs & Services LLC reserves the right to resell custom designs and software development that remain unpaid by the original client, unaccepted mockups or other graphics and code created by ASDS llc but not in legal use by the client.

AS Designs & Services LLC reserves the right to display websites and graphics that have been designed by ASDS llc on their website, social media pages, eNewsletters, and in any marketing material to aid as examples of our work.

Refunds
AS Designs & Services LLC requires a deposit before we begin work on any project. A request to terminate services must be presented to ASDS llc in writing. ASDS llc Team does everything in their power to complete project prior to the timelines outlined in each project’s proposal. Please be aware that our timelines our only estimates and we do not guaranteed all projects to be completed by timeline dates. Clients can help to ensure that projects are completed as quick as possible by submitting all content, images and information requested by us and required for project completion. Projected timelines do not start until all client content and materials are submitted in digital format to AS Designs & Services. There are no cancelations or refunds once the project has been started after the initial deposit has been made. If for whatever reason the client wishes to cancel the project during production the entire amount outlined in the original estimate will be due regardless of any other extenuating circumstances; or the total amount of project hours worked [to date of written cancelation notice] will be billed at the companies normal hourly billing rate.

Chargebacks
AS Designs & Services LLC will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.

Development & Delivery
A.S. Designs & Services LLC understands the importance of completing projects in a timely manner. We agree to do our best to complete the project within time frame agreed upon in the original proposal from the date of initial deposit payment and receipt of all necessary materials to start project. If the client does not supply A.S. Designs & Services LLC with complete text, graphic content and other requested materials for the contracted client within 30 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to A.S. Designs & Services LLC for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between A.S. Designs & Services LLC and the client.

Non-Communication
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.

Liability
Services purchased from A.S. Designs & Services LLC are provided "as is" without warranty of any kind that the project will be uninterrupted or error free. In no event shall A.S. Designs & Services LLC be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, mobile app, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, mobile app, services, and/or goods provided to the client. The entire risk as to the quality and performance of the project is with the client.

International Customers
We are happy to accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via Credit Card. All International transactions are subject to pay the additional Credit Card Fees prior to start of project. This is non-negotiable.

Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. Exclusive jurisdiction and venue is as governed in the district court of Hilo County, Hilo Hawaii.

Acceptance
Please note that by submitting your Deposit or down payment for our services you are agreeing to all of our terms of service as written here. A.S. Designs & Services LLC reserves the right to change or update these terms at any time without prior notice.