1.0 Turnaround Time | Delivery

PRINTING
Vivid Design Co estimates that all orders containing only flat pieces will be ready to ship within 7 business days from the business day we receive the completed order. All orders placed before 5pm Brisbane Standard Time will be considered ordered that business day. Any order placed after 5pm will be considered ordered on the following business day. Vivid Design Co will do everything in its power to correctly produce your job in a timely manner, but cannot guarantee a specific shipping or arrival date. The 7 business day turnaround is an estimate, and is not to be confused with any guarantee. Print turnarounds vary depending on the type of piece or pieces being printed, the quantity, and other finishing options. Essentially all pieces fall within a 2 to 4 or a 5 to 7 day turnaround time "at the printer" prior to being shipped. The term "at the printer" refers to the turnaround time anticipated upon the proofs / final versions of the files needed to produce the print being provided to the printer to the time in which they are actually printed and finished. All clients should allow additional time for shipping. We are not liable or responsible for the shipping turnaround time.

WEB DESIGN

Vivid Design Co and the client must work together to complete the web design or web marketing project in a timely manner. We agree to work expeditiously to complete the web design project before or within the timeframe decided upon and outlined within the "signed proposal" document.

Our web development consultants will often issue a turnaround time in the proposal itself. The timeframe issued can vary from weeks to months, depending on the size and difficulty of the project. Timeframe estimates which are issued upon the delivery of the signed proposal strongly depend upon the involvement of the customer and their interaction. Content, files, and other materials which can only be rendered by the customer are at times required in order to complete a project within the time which has been estimated. Though Vivid Design Co makes an effort to assist clients with content there are still materials which we are required to be provided with at times.

Extended revisions or additional time in which the client needs to formally produce revisions can greatly affect the time of completion. Additional work which is not initially included in the signed proposal can also extend the turnaround of a project.

Thus it is important to specifically note that:

  • Turnaround times are educated estimates, not guarantees
  • Client interaction is required to stay within expected turnaround timeframes

It must be specifically noted that Vivid Design Co is not obligated to fulfil work within any pre-determined time period. We understand the importance of developing projects on time to assist clients with their goals and deadlines and have proved, time and time again, in our ability to deliver projects in a timely manner however all dates issued are goals or estimates in which we anticipate work being completed within. Dates strongly require the interaction of the client as outlined above.

In the event that a client is unable to provide us with the necessary materials or content for a website, Vivid Design Co holds the right to place "created content" in the website to push the process along. Our team works with clients in a very customized and complete manner. We will offer all possible assistance in the development of content and advice so that a project can be completed correctly.

Vivid Design Co makes all clients aware that programming based development and development involving the construction of pages does not begin until all content has been collected and or generated. This is suggested within the "signed proposal" document and proceeding "content" documents as forwarded by the project management department and/or by web development consultants and members of our staff. Furthermore, this fact is also suggested prior to the date of sale and once again reiterated during the content process. Without content there is no substance or design element to base the construction around, thus, it is extremely important. Vivid Design Co does however continue to work during this timeframe on graphical items, planning, management, framework, and other items involving the construction of the project. Therefore, NO TIME PERIOD after the "date of sale" and "date of signed proposal delivery" is considered lost time. Multiple items both tangible and intangible are required to bring a project to completion.

2.0 Sale Terms | Project Termination

All sales are final. Regardless of the project size, phases, project staging, payment arrangement, finance option, project success, or payment method, the full balance is considered owed upon signing the proposal. The method of payment is outlined specifically in the signed proposal document and all remaining balances which may be owed will be charged utilizing that payment method unless we are specifically informed otherwise in writing. Clients working with Vivid Design Co also understand the delivery of payment is usually due as specifically noted in the signed proposal. As an act of good customer service, Vivid Design Co continuously reminds clients of their payment due date by means of status update emails.

Vivid Design Co issues multiple notices throughout the process, making you aware of the balance due, what payment method will be used to capture it, and when you should expect it to be charged. Project termination and our agreement fulfilment is reached upon full completion of the project. This involves Vivid Design Co producing the project, as per the signed proposal, then offering the purchasing client a revisions phase in which revisions (as defined below) are offered and executed. Project satisfaction and proof of delivery is obtained via our receipt of the signed release form which all customers are required to sign off on to fully release the website live or to be considered complete and ready to be live upon your request.

2.1 Inactive Projects

At times, Vivid Design Co clients become unresponsive or fail to provide us with the required interaction needed to complete a project. This typically involves items such as:

  • Failure to provide us content
  • Failure to provide any revisions or feedback
  • Unable to communicate (bad phone / email)

Vivid Design Co’s inactive-project-policy is as follows: Our team will attempt to contact you both over the phone and in writing multiple times for courtesy reminders as to what our requirement may be. Should we fail to communicate with you or be unable to obtain the required material as listed above within a 60 day timeframe starting from the date of request, we withhold the right to mark a project as inactive. Inactive projects are subject to a one-time $300.00 fee to become active again. This penalty is in place due to our strategic planning and development cycle process which is broken should the project undergo negligence on your behalf. Upon payment, the project will be activated and resumed where it had left off.

Vivid Design Co cares about each and every client and attempts to professionally resolve any matter. Communication is key to avoiding inactivity. Furthermore it should be specifically stated that any balance owed at the time a project becomes inactive is still considered due and payable, regardless of which phase the project may be in. Please see section 2.0 (all sales are final).

3.0 Hosting

All websites require hosting. Vivid Design Co does not require clients to purchase hosting through Vivid Design Co. Many customers do elect to purchase hosting through Vivid Design Co so that our hosting benefits can be taken advantage of however it is not a specific requirement unless the project is under financing or still has a balance due. Our team holds the right to retain all files on our hosting platform until full payment has been made should the client elect to host the website independently. If an independent host is selected, the client agrees to provide Vivid Design Co with all required access that is needed to fully test, upload, and manage the website itself. This usually involves both database access and ftp access.

Clients working with Vivid Design Co which have elected our hosting service understand that hosting begins immediately upon purchase. Hosting is required to establish items such as placeholder pages, email accounts, and hosting test files. Hosting agreements are outlined as part of the signed proposal document and are month-to-month arrangements, without contract.

3.1. Hosting Cancellations

If for any reason a client decides to cancel any one of our month to month, no contract hosting packages, full ownership of the website and all of its files are turned over to the original client. The website can only be issued to the original client who pays for the website and no other web development company. All final amounts owed to Vivid Design Co for hosting will be paid the day the request to cancel has been placed and the website will be downloaded, backed up, and then forwarded to the client VIA internet transfer or email, depending on the size of the website.

Vivid Design Co is not responsible for any down time or loss of business due to the transfer of the website to another party, nor is Vivid Design Co responsible for hosting stability and business warranty due to hosting stability. Clients enter into a separate agreement with Vivid Design Co for hosting and no guarantees on hosting are provided. Vivid Design Co will provide any client no longer hosting with our party a file which contains the entire website and / or database. Transferring and setup on 3rd party hosts is not our responsibility and is subject to additional charges.

4.0 Revisions Process

Upon the completion of the web design project Vivid Design Co allows for 1 full round of revisions from the customer. Revisions are defined as minor in scope and consist of items such as but not limited to: font sizing, positioning of text, image changes, and content adjustments. Items which are not considered revisions are adjustments such as: new pages, page renaming and complete re-working of content, structure changes in the layout of a page, the switching of a design example, template, or reference site, complete colour scheme changes, website pixel changes which adjust the width of a page, or any other deep structure related adjustments. Significant requests for revisions are classified as additions and are quoted out during the revisions confirmation cycle.

Often times, Vivid Design Co will proceed with a web development project using "Latin filler text" in order to make it a viewable / tangible product. At the completion of the project per the signed proposal, we accept content to replace the filler text during the revisions phase. Items which are requested beyond the client’s complete review of the website (revisions) are considered billable. We will quote the additional adjustments or additions and bill as noted above. In good faith, our team does allow for additional minor modifications prior to releasing the website live should revisions beyond the initial set be required.
Revisions are required to be submitted as a full set to our party, in writing, which our team confirms with you in writing and will also clarify over the phone if needed.

5.0 Free SEO

Any website that is built by and hosted by Vivid Design Co qualifies for free basic search engine optimization. This includes: title tags, description tags, meta-keywords, manual submission to the major search engines as determined by us, and sitemap generation. At times, Vivid Design Co may opt to also do ALT tags for websites. No additional SEO service is offered with the FREE SEO provided as a benefit to clients. Therefore, these items should not be confused with our additional marketing options.

6.0 Quotations/Estimates

Prices posted on this website are subject to change without notice. Written estimates are good for 30 days. An estimate not accepted within 30 days may be changed. All pricing issued in the "signed proposal" is exactly what the client will pay for services.

7.0 Order Refusal | Copyright

Vivid Design Co reserves the right to use its sole discretion in refusing to print or produce any website it deems improper or known to be illegal. Vivid Design Co is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The client guarantees the legal title of all matter submitted to Vivid Design Co for printing and/or web publication. Web development work done by our company, Vivid Design Co is also owned by the paying client. The client is responsible for all and any content posted on the website regardless of which party gathered it. We are not responsible for any e-copyright infringement. Any information sent to us, information meaning images, text, and content, is considered "legit" and will be utilized on the website. This also remains true for any artwork selected by any member of our design team. In the action of our company implementing graphics or text we will strive but not guarantee that all items placed are 100% copyright "OK" and the client will always be responsible for any content on his or her website. Vivid Design Co also holds the right to re-use any programming constructed by our party along with any content which was generated by our team.

8.0 Liability

Vivid Design Co’s liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. Vivid Design Co warrants that every product manufactured by it meets industry standard for such product and is free of any material defect in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY.

Vivid Design Co makes no other warranty and no actions or words of Vivid Design Co or its officers, employees or agents shall constitute a warranty. We do however guarantee that all web design work or programming that we complete will "work" and function as designed long as the project is hosted on our servers and no FTP information is owned by the client which allows product manipulation.

Should the client request FTP access of their website a release form is first signed off on by the client and access is given. All modifications, changes, stability, and features are then the responsibility of the client.

Furthermore, Vivid Design Co cannot and will not be held responsible or take on any liability for any website construction that does not meet local or state laws or that falls under a malicious attack such as a computer hack. All data, web programming, features, functionality, design, and construction becomes owned by the client at the time of sign off. Our company is not responsible for any stolen information gained by a hacker on a website we have built and delivered to a client. Vivid Design Co is also not responsible for any down time or loss of business due to the development time needed to produce the agreed upon product.

9.0 Indemnification

The customer represents that it has the legal right to produce all printed materials ordered from Vivid Design Co. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a "Claim") is made or commenced against vivid-design.co based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by Vivid Design Co ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libellous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold Vivid Design Co harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending Vivid Design Co against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing Vivid Design Co for any legal fees and expenses it reasonably incurs in responding.

10.0 Electronic Manuscripts/Images

It is the client's responsibility to maintain a copy of the original computer files, artwork and transparencies. Vivid Design Co is not responsible for accidental loss or damage to media supplied by the client or for errors on supplied artwork furnished by the client. Until Vivid Design Co can evaluate digital input, no claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize client-supplied files will be charged at our current rates. Vivid Design Co does not archive your work for longer than it takes to produce the final product. Please save your work!

11.0 Disputes

In the event that legal action is taken Vivid Design Co holds the right to "cease all work" on a project until resolve has been met; this circumstance is only valid if a project is still in any phase of development. In the event that legal action is taken after development has been completed, Vivid Design Co holds the right to "remove a project" or "remove a website" from our hosting servers in the item in dispute involves the website which was drafted and or the hosting charges involved. Vivid Design Co also holds the right to pause development of any project which enters ARBITRATION or charge-back status through any credit card merchant.

12.0 Right to Subcontract

Vivid Design Co shall have the right to assign any portion of the work required to another contractor.

13.0 Workmanship Guarantee

We guarantee all orders to be free of defects in workmanship. If any order does not match the generally accepted trade standards, we will re-print the order or issue the customer a refund at our discretion. In the event of colour-matching, Vivid Design Co will print files to spec using the CMYK process. Exact colour matching is never guaranteed though Vivid Design Co will look at colour accuracy on a case to case basis for reprint requirements. In the event of bugs, Vivid Design Co will maintain and fix any website we have developed, provided it remains hosted on our servers, to ensure proper functionality. Software updates to third party tools such as FORUMS, WORDPRESS, JOOMLA, and other CMS platforms are not considered fixes nor are any errors which take place due to upgrades.

14.0 Privacy Statement

Any information Vivid Design Co collects from order processing or from any inquiries is not shared with any other company outside of Vivid Design Co. Your information is only used for contact, billing, and shipping purposes. Your credit card information is only stored internally by Vivid Design Co within our internal CRM system and on secure paper documents.

15.0 Samples

Vivid Design Co might use your product for samples or advertising purposes. Even in cases in which a website is "white labelled", the agreement to these terms and conditions allow us to showcase your product as part of our work. Vivid Design Co holds the right for portfolio demonstration of any product we develop without consent from any client or party.

16.0 Billing

Your credit card bill will read "Vivid Design Co" or "Web Design" or "Vivid Design" or other terms which reference our company. Billing will be executed VIA the payment method initially provided on file unless specifically suggested otherwise in writing. A 50% deposit is required upon signing the contract and no work will be entered into until it has been received. The remainder will be required before the site or job is launched or published or VIA the statement issued in the signed proposal.

17.0 Changes

Vivid Design Co may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless stated otherwise. This policy was last revised on January 7th, 2016.