The purpose of Hein ByDesign is to promote marketing services. The only information we collect through our subscription is for the purpose of sending advertisements and promotions for the servcies we offer. We do not share information with anyone. We hate spam as much as anybody.
This site is © Copyright 2007-2013 by Hein ByDesign, Inc. All rights reserved.
Work for Hire Policies/Terms and Agreement
All website, graphic design or other marketing projects (ie: Press Release, Video, SEO, etc..) require a 50% deposit and 50% balance upon completion. The full balance will be due no more than 7 days upon receipt of the service invoice supplied by HBD.
We accept Check, PayPal, Debit/Credit Card, Cashiers Check, Money Order, Cash
Project commencement begins with an introductory design / marketing meeting to discuss all website and graphic design related information
Please contact our office at (801) 679 - 0519 to schedule a meeting for project initiation. We offer a variety of communication methods including phone, conference calling, online meeting, e-mail and on some occasions we can arrange an in person meeting.
You can make cancellations at any time. Please keep in mind that the deposit is non-refundable. Any concepts that are not chosen and paid for will be a violation Hein ByDesign, Inc. rights if they are used elsewhere.
Many projects will be quoted as a package price, which is less expensive than our hourly street rate. It is the purpose of Hein ByDesign, Inc. to provide cutting edge graphics in a timely matter and remain profitable. A quoted project will consist of original concepts and up to three revisions to achieve a final design. We may allow additional revisions if they are minor tweaks. Major direction changes after the last revision may incur additional charges.
During the event that there will be additional requests after the project has begun, extra fees other than the price originally quoted will apply. Customer will be notified at the time of request of the additional fees.
Pause in Project
A request to pause project development must be made in writing to HBD - and include the signature of the authoritative client. The delay will not exceed a period of 30 days. Unless other arrangements are made between both parties, HBD - will assume any delay requested by the client that exceeds the 30-day period a cancellation, and hence will charge for the number of hours accumulated in project development before the request to pause is made.
A project is considered abandoned when – after no response from design submittals after 4 consecutive weeks (1 Month) and deposit is forfeited or, after completion - customer does not get back to us starting at a minimum of 4 consecutive weeks (1 month). If the balance of your invoice has not been paid, and we are contacted after the 1 month for the files or website launch, an interest fee of $100.00 will apply before the files are given to you or your website is launched.
Images, Stock Photos and Fonts
We encourage you to provide your own images. We work with our own gallery of stock images at no extra charge to you, however they are delivered as is “finished work” and are non-transferable, cannot to be copied or used in any other way. Special Usage - Fees may apply in specific cases (unique image or large quantity requests, special licensing for photos, etc.). You will be advised of these fees after consultation of your project.
Fonts used in any graphic project are free and delivered in outline form as is “finished work”. In certain cases where specific fonts are needed to maintain graphic standards of any company branding, the fonts will need to be provided or purchased at the clients expense.
Deliverables and any other documentation, materials or intellectual property hereunder (collectively, the “Work Product”) are works which have been specially commissioned by Client and are “work made for hire” for Client and Client shall own all right, title, and interest therein of the finished work delivered as is". Client does not have the rights to the original layered files, fonts, images provided by HBD, original concepts or designs from preliminary design studies and presented to the client. Those remain the exclusive intellectual property of Hein ByDesign, Inc. Any concepts that are not chosen and paid for will be a violation Hein ByDesign, Inc. intellectual property rights if they are used elsewhere without permission.
We’re a wholesale print broker that we trust and are affiliated with. In the rare case that there is a printing issue, we will work with the printers to get it resolved, but any costs incurred will not be at the expense of Hein ByDesign, Inc. Please note that some print materials may not show the exact same color that is showing up on your screen. This is due to the fact that each computer screen tint can be different on each screen. Any reprints required will not be at the expense of Hein ByDesign, Inc.
Project Content and Proofreading
All digital and non-digital materials supplied by the client to HBD - for project development must be, either owned by the client or given copyright permission for publication. HBD - is not responsible for copyright infringements found on these materials. We’re not responsible for proof reading or the accuracy of your content. It is the client’s responsibility to proofread. Hein ByDesign cannot be held responsible for any errors.
Our Portfolio and Website Credit
We reserve the right to add completed projects to our portfolio. If a full web design and development project was completed by our studio, in most cases a credit “site by/hosting provided by Hein ByDesign, Inc.” will be included at the bottom of your website. In certain cases, our website credit will not be posted due to privacy purposes and we respect that. Please notify us if this is the case.
Unless a SEO service package is purchased, outside of the keywords and basic SEO meta tags we incorporate in your site, we are not responsible for search engine promotion or marketing of any kind. If you would like to obtain premium online marketing services, please contact us for service options.
Website Design and Hosting Disclaimer
All website hosting requires 100% payment in advance, unless otherwise negotiated and requires 1 year commitment. HBD - will not be liable for indirect, special or consequential damages, or any loss of revenue or profits, arising in connection with the projects that we develop/developed.
HBD - is not responsible for any server side problems incurred due to server down time, hosting issues, ISP down time, or Acts of God.
HBD - reserves the right to delay or stop any project development for any reason without liability.
HBD - will notify the client immediately of any changes of project development status, and make appropriate arrangements. HBD - is not responsible for any damages incurred from hacking, hackers, illegal activity, nor any changes made to web sites created and maintained by HBD - without prior permission.
HBD - will not imply to correct any damages or changes made, however, we can and will repair any damages incurred to the Clients Web Site(s) at $75/hour unless other wise negotiated or included in B2B premium hosting services. We strongly suggest you take steps to mitigate exposure with 3rd party backup and security products. Please call us for more information.
Hein ByDesign goes to great lengths to mitigate risk to would be hackers, prevent Identity theft, website theft, or any other exposure to potentially mischievous actions. We do not allow back-end access or 3rd party access to c-panel or directly to the server via FTP, or allow access or 3rd party access to the back end of the website or outside accounts that HBD manages for the client Examples include Google analytics, webmaster tools, social marketing accounts. If you require access or wish to allow 3rd party access to your website, please contact us for a waiver agreement. Certain limitations may effect clients on a shared server.
All hosting contract require a one year non-refundable payment. In the unlikely event you must change your hosting provider, HBD will assist you in transferring your domain name (If applicable). Hein ByDesign is not responsible for site migration.
Quarterly, by yearly and yearly hosting – if your hosting agreement is set-up on split payments, Hein ByDesign Inc - reserves the right to charge a 5% late fee for every 7 days the balance is past due. HBD - reserves the right to suspend any and all current work being done due to failure of Client to remit payment. Balances that are 30 days past due are subject to removal from the servers including deletion of files and termination of all e-mail accounts associated to your site. All services are non-refundable and any outstanding amount to your commitment is subject to a collection agency.
B2B Marketing Services Retainer Contracts
Retainer contracts are based on a reduced labor rate determined by the estimated number of hours needed per month.
Please note the estimated per month hours are only for the purposes of quantifying a contract (a line in the sand). Actual hours will fluctuate on your needs and almost always go over the projected hours at no additional cost to you. Labor will be monitored and contracts may be needed to be adjusted up or down to be more in line with the actual needs of the client.
Delayed/Broken Contracts - A request to pause project development must be made in writing to HBD - and include the signature of the authoritative client. The delay will not exceed a period of 30 days. Unless other arrangements are made between both parties, HBD - will assume any delay requested by the client that exceeds the 30-day period a cancellation, and hence will for the remainder of the project and contract balance.
Any product resell, ie printing, silk screened t-shirts, purchased within the state of Utah is accessible to Utah sales tax unless you can provide a Utah reseller ID #.
Project begin immediately upon receiving deposit and delivered on a proactive basis. client acknowledges and agrees that any changes or deviations in the specifications, site plan, mockups, graphics, or any other element of the project scope, and Client delays in fulfilling Client’s responsibilities, include delivering content or promptly reviewing and commenting on completed work will lead to delays in the completion schedule and may incur additional costs. Any concepts that are not chosen and paid for will be a violation Hein ByDesign, Inc. rights if they are used elsewhere.
By entering into a project with Hein ByDesign, Inc., you are consenting to be bound by the terms of these policies, procedures and agreement. A copy of the Terms/Agreement is always available to you by request and it is important to read them before beginning work.
THIS AGREEMENT is entered into you the Client (Client), and Hein ByDesign, Inc (HBD) with its main office in West West Jordan UT.
WHEREAS, Client desires to retain Hein ByDesign, Inc., (HBD) as described in the Scope of work
WHEREAS, HBD desires to undertake this project and agrees to do so under the terms and conditions set forth in this Agreement;
NOW, THEREFORE, for the good and valuable consideration, the parties agree as follows:
Section 1. Scope of project
1. As determined by initial project agreement
Section 2. Payment Terms
1. 50% deposit and 50% balance upon completion
2. Any other costs as determined by the project agreement
Changes in Project Scope If at any time following acceptance of the Scope of Work, Client should desire to change the specifications or others elements of the Scope of Work, Client shall submit to HEIN BYDESIGN, INC., a written proposal specifying such changes. HEIN BYDESIGN, INC., shall evaluate each such proposal and shall submit to Client a written response within five (5) working days following receipt thereof HEIN BYDESIGN, INC., response shall include a statement of the availability of personnel and resources, as well as the effect the proposed changes will have on the price, delivery dates or warranty provisions of this Agreement.
Rights to Work HEIN BYDESIGN, INC., hereby acknowledges that the Deliverables and any other documentation, materials or intellectual property hereunder (collectively, the “Work Product”) are works which have been specially commissioned by Client and are “work made for hire” for Client and Client shall own all right, title, and interest therein of the finished work delivered as is. Client does not have the rights to the original layered files, fonts, images provided by HBD, original concepts or designs from preliminary design studies and presented to the client. Those remain the exclusive intellectual property of Hein ByDesign, Inc. Any concepts that are not chosen and paid for will be a violation Hein ByDesign, Inc. rights if they are used elsewhere.
Stages of Completion HEIN BYDESIGN, INC., shall use its reasonable efforts to meet complete a project. However, client acknowledges and agrees that any changes or deviations in the specifications, site plan, mockups, graphics, or any other element of the project scope, and Client delays in fulfilling Client’s responsibilities, include delivering content or promptly reviewing and commenting on completed work will lead to delays in the completion schedule and may incur additional costs.
Limitation of Liability Client agrees to indemnify and hold HEIN BYDESIGN, INC., its directors, officers, employees and agents harmless from and against all claims, damages, costs (including costs of defense) from any source or for any reason relating directly or indirectly to this Agreement. Furthermore;
(1) HBD assumes no responsibility for the completion or performance of any contracts between HBD and Client customers and suppliers, and CP agrees that it shall not bring any action or make any claim against HBD based on any act, omission or claim of any of Client customers or suppliers.
(2) Separate and Non-liability . The services, contracts and relationship between Client and HBD are independent and separable. Client shall have no liability or responsibility to HBD for the performance hereunder. HBD shall have no responsibility or liability for the performance of Client hereunder.
(3) Termination of this Agreement as between HBD and Client shall not impair the continuing relationship between HBD and Client, its customers or relationships.
Section 7. Governing Law: The Laws of Utah, USA will govern this Agreement.
Section 8. CONFIDENTIALITY AGREEMENT. - The parties agree, to the extent permitted by law, to preserve and protect the confidentiality of proprietary information each entities products, services and pricing.