TERMS & CONDITIONS
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
You, the Customer, are hiring Balyna, Inc. for web design, graphic design, website support, hosting or branding services.
What do both parties agree to do?
YOU: As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together.
US: We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
Web Design Services
Web Design Changes and Revisions
We utilize beautiful templates created by reputable companies and follow lean design principles to deliver your website at an affordable price in a timely manner. Before we start designing your website, we propose you multiple looks and functionalities. After you select the one you want, we start working on creating your website based on your selection. Once we start working on your design, we can’t change it to a brand new design or make major revisions. However, you can request as many minor revisions as you need to until go-live. Major revisions are considered as complete redesigns and minor revisions consist of page layout adjustments, font or color changes, adding new sections and content or anything that doesn’t require installation of a new theme or writing custom code.
We will create designs for the look-and-feel, layout and functionality of your web site and enter all your site content. This contract includes one main design plus the opportunity for you to make unlimited minor revisions until the agreed go-live date. If you’re not happy with your website after the 1st proposed version, you may either cancel this contract or continue to commission us with no refund option.
Our web design service plans do not include custom application development, plugin customizations or app/plugin license fees.
Website Copy/Text Content
We’ll gladly input all your content to your website. However, we are not responsible for writing any website copy.
If needed, you will supply us photographs in digital format. If you choose to use stock photographs we can provide you free stock photography. If you choose to not use free stock photos we provide, we can suggest vendors of stock photography for you to buy photos. We’re not responsible for the cost of stock photography you might choose.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We will test your website in latest versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. We will not test your site in old or abandoned browsers, for example Microsoft Internet Explorer 9 or 10 for Windows or previous versions of Apple’s Safari, Mozilla Firefox or Opera on Mac.
Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:
Android: Google Chrome on Android Emulator
We won’t test in other devices such as Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers.
If you need to show the same or similar visual design to visitors using these older browsers, we will charge you our latest advertised hourly rate for any necessary additional code and its testing.
Requirement and Change Requests
All requests must be done in writing so we can keep track of changes.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them.
When you pay for our services, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them.
We love to show off our work and share what we have learnt with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
Search Engine Optimization (SEO)
Our web design packages do not include SEO services. We make every effort to deliver your website SEO-friendly. However, we can’t guarantee your site’s search engine ranking.
Our warranty period is 30 days for our design work. During this period, we will only provide fixes to issues related to your original requirement at no extra charge to you.
All web design fees must be paid in full before we start working on your project.
Refunds & Cancellation Policy
If you’re not happy with your website at the end of 1st revision, you can request a refund for the full amount.
WordPress/WooCommerce Website Hosting
We’re not a hosting company but we use 3rd party hosting providers to manage and maintain your website. Our hosting plans include web hosting fees, updating your WordPress/WooCommerce installations and plugins as they become available in the market and maintaining any applicable plugin license fees.
We are not responsible for any issues caused by WordPress/WooCommerce or plugin bugs or the hosting provider.
We do not offer refunds for our hosting services.
Domain Name Registration
Domain name registrations are not included in any of our services.
Unlimited Monthly Task Support Plans
Our monthly task support plans are meant to keep your website up to date with your content, photos, products, and basic look and feel changes. It doesn’t include writing custom code for additional functionality of your website or fixing bugs. You can use your monthly support hours for the following tasks:
- Add or update content such as banners, pages, blog posts, menu items
- Look & Feel Changes (color, font, spacing, alignment)
- Social Media updates
- Plugin installs and configurations
- Installing template updates
- Other small changes or fixes that can be done in less than an hour
Task Request, Review & Signoff
- There are no guarantees on how many completed tasks you can receive per month.
- All task requests must be done via our ticketing system unless otherwise requested.
- You must provide relevant information regarding your request in order to deliver your task.
- If you require any revision for your task request, we’ll be happy to make adjustments unlimited number of times based on your feedback as long as you’re paying for our services.
- If we do not receive any feedback within 120 hours of our last correspondence, we will consider your request approved.
FIFO (First In, First Out) Queue System
We process one job request at a time in the form of a queue system. Until you accept or cancel the current task we’re working on, we will not be able to start working on your next request.
All job requests are subject to approval. We have the right to reject a job request if we feel like your request doesn’t match our monthly service description or you are abusing our services. We might reject your job request for reasons such as fixing other developers’ work, fixing bugs not caused by us, plugin or application customization, SEO, copywriting, graphic design, etc.
Refunds & Cancellation Policy
You can cancel your monthly support plan before your risk-free trial period (available only for our first time subscribers) is up or before your next billing date to prevent any further charges. If you cancel on or after the next billing date, we can’t offer any or partial refunds.
Unlimited monthly support fees are non-refundable. We do not offer any refund if we reject your job request.
You must pay for your unlimited website task support service at the beginning of each period. By signing up to our service, you authorize us to charge your default method of payment our fees based on your billing frequency. In the event of non-payment, we have the right to cancel your subscription and suspend our services.
We have the right to change our prices. In the rare event of a price increase for your ongoing subscription service, we will do our best to email you at least 5 days before the price change happens.
From time to time, we might offer temporary promotions or price cuts for any of our fees. These promotional fees are only available for our new customers.
You can choose our Hourly Support/Development services to make any changes to your website without any monthly commitment. You must pay for our services in full for all estimated hours in advance. If you overpay, we’ll gladly provide a refund for the difference at the end.
Hourly support fees are non-refundable except in the case of overpayment.
Limitation of Liability
We are not liable to you or any third party for any lost profit or damages. You use our services at your own risk.
Although the language is simple, the intentions are serious and this contract is a legal document.
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
By purchasing any of our services on our website, you agree to the terms and conditions listed on this page.