Acknowledgment & Acceptance of Terms
Heather Jones Creative is committed to protecting your privacy and takes very seriously the usage, collection and transference of personal data. The policy below states our current privacy practices with regard to the information we collect when your computer or you personally interact with our website.
Participating Vendor/Merchant Policies
This website offers services (like data collection forms) that link to websites other than Heather Jones Creative. These site have their own privacy terms. Because we do not have direct control over these sites, we are not responsible for the content or the privacy practices of those sites.
Below you will find links to the sites we partner with, along with links to their privacy policies. We recommend that you review these policies before providing personal or confidential data or before completing any transactions with these sites.
Information Collection & Cookies
First, what is a cookie?
A cookie is a small file of letters and numbers that I/we store on your browser or the hard drive of your computer. You can find more information about web cookies here: https://en.wikipedia.org/wiki/HTTP_cookie
We use the following cookies:
Strictly necessary cookies. These are cookies that are required for you to use the features available on this website. They include, for example, the ability to login and post a comment.
Analytical/performance cookies. These cookies allow us to recognize, track, and count the number of visitors who come to this website. They also allow us to track broken pages on the website and to count what visitors do when they click through the website.
Functionality cookies. These cookies allow us to track and remember your preferences for our website. For example, we can personalized content for you, greet you by name and/or remember your preferences (for example, your choice of language or region).
We use two different kinds of cookies on this website: First party and third party cookies (both defined in detail on the wikipedia link above).
These cookies are specifically about Heather Jones Creative and track your usage of this website. These cookies are considered essential for the website to operate correctly. These cookies, none of which capture personally identifiable information, include:
Visitor ID – this cookie is a numeric value that identifies unique visitors and provides coherence and consistency to a site visit- it is anonymous and contains no personally identifying information;
Page number – this cookie identifies the page you are on;
Session ID – this cookie identifies your website session;
Test – this cookie checks whether or not your browser supports cookies;
This website sets different types of third-party cookies to track usage, social sharing and more. These cookies are not under my/our control, and serve to help us understand the visitors who come to the website, as well as support our connection to other third party sites. (Again, see the wikipedia page above for detailed explanations of third party services/cookies).
Included in our list of third-party cookies are the following services:
Any other plugins that collect third party data from your website and it’s users. Consider things like specific social media plugins that are not a collection of social options.
Your rights with cookies:
Cookies are set by many entities and may include the website’s owners/developers/managers, plugins, third-party providers, advertisers and anyone else who collects or uses the website’s data.
As a user of this (or any) website, you can block cookies by activating the setting on your browser that allows you to refuse the setting of some, or all cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the site.
To learn how to block cookies, simply go to Google and type in “how do I block cookies” on whatever browser you use (Chrome, Firefox etc.) and you will find the details needed to block some or all cookies on your browser.
In addition to the non-personally identifiable data collected by cookies, this website also offers the ability to contact with us via contact forms, newsletter registration forms, downloadable ebooks, free downloadable gifts, webinars and other similar files.
To receive free gifts from this website, we require that you share your personal information consisting of your first and last name and your email address. In some cases we have additional optional fields to tell us about the services you are interested in and how you learned about Heather Jones Creative. In most cases, information is gathered and stored in the website database or via a third-party service Mailchimp. All information gathered via any form on this website can be deleted upon request.
Information and informational items are provided in exchange for adding your email address and possibly your name, business and or website information to one of our mailing lists. All mailing lists are stored and executed via Mailchimp for the sole purpose of communicating information, as well as occasional marketing of services and products. Each mailing list will specifically detail what type of emails you may receive and possibly the frequency. You may unsubscribe from said email list(s) at any time by using the unsubscribe link provided in every email.
Your information is never shared or sold to others for marketing purposes, and is only shared with third party services as necessary and explained above. If at any time you wish to opt out of communication, email, or to have your data deleted, please direct your request to the email, address and/or phone number below.
If you wish to contact us, the best way is as follows:
Effective date: May 16, 2018
Last update: Aug 25, 2022
Terms & Conditions
- PROJECT SCHEDULE
I'll do my best to complete the full project in the estimated timeframe . Your prompt feedback and communication will be very important during this process, and I will strive to complete your project in a timely manner. That said, my ability to do this depends on you providing everything I need to complete the project in the format that I need it, as and when I need it. You'll be expected to respond within 24 hours of any communication from me to keep the project on track. If you fail to communicate within 7 days of an initial communication, I have the right to reschedule your project as it fits into my schedule. In this case, payment installments would still continue.
- PAYMENT SCHEDULE AND INVOICES
You agree to honor the payment schedule timeline specified in this contract, and to pay all invoices in accordance with the payment terms stated on the invoice. Please pay for any bank charges, administrative fees and other costs payable in connection with remitting any payments.
- REVISIONS TO THE DESIGN
I provide unlimited revisions on each step of the design at no extra charge, as long as the changes requested do not substantially alter the original project scope, nature or purpose; and as long as you have not already given me your final approval for the piece of work concerned.
- CANCELLATION / REFUNDS
I do not offer refunds of any kind, but I can cancel any remaining payment installments if you need to stop the project.
After 60 days of no correspondence from you, I have the right to terminate your project. Any previous payment installments will not be refunded and any future payment installments will be cancelled.
- FINAL DELIVERY
I will deliver the digital files containing the final project deliverables within seven (7) business days after all parts of the design have been approved. The files will be delivered in PDF, PNG and JPG formats.
Your website will be setup, inspected and ready to launch within 5 business days of approval of all aspects of the design.
Any other website issues that are not a result of changes made by you will need to be brought to my attention within 7 days after launch and I will correct them.
- INTELLECTUAL PROPERTY
Upon payment of all outstanding invoices for this project, and in exchange for such payment, I assign to you all rights, titles and interest to the design and deliverables. (Except for materials that you provided, or that are owned by third parties).
In exchange, you grant me a royalty-free and permanent license to use representations of the designs and taglines in my portfolio, in all types of social media- as a sample of my past work, in trade publications, educational material, to promote my business, and for competitions.
You’ll be entirely responsible for making sure the designs and taglines are free for you to use and register as a trademark, and that they don’t infringe anyone else’s rights – I cannot and do not accept any liability for these matters. I’ll sign any documents that are reasonably needed to confirm or evidence that you own the designs, provided you bear any legal and other fees that are incurred by either you or us in the process.
- CHANGES TO THE PROJECT SCOPE
I recognize that you may have new ideas which you may want to include later on, and I’ll be able to accommodate you. Inform me of the changes or additions, and if they are not already provided for in the package through revisions, I will provide a separate quotation to cover them.
- THIRD-PARTY VENDORS
I may purchase or license from third party vendors materials used in your project (including graphics, illustrations, fonts, photography, etc).
I guarantee that all elements of the design are either owned by me or I have obtained permission to use them. I will not copy any other work in part or in whole. I confirm securing rights to any third-party content the branding or web design uses and that there is no violation of any patent, copyright, or the rights of any person or third-party.
- AN EXPLANATION OF WORK
You’ll have multiple opportunities to review my work and provide feedback. If, at any stage, you’re not happy with the direction my work is taking, you’ll pay in full for everything I’ve produced until that point and cancel this contract.
I'm not responsible for writing or inputting any text copy. I can recommend copywriters if you need additional assistance with this. I can also use stock photography or recommend some wonderful sources for this.
You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries.
- SOFTWARE, FONTS AND RAW FILES
Software and fonts used for the project remain my property and will not be released to you. Likewise, project raw files will not be supplied.
- MATERIALS PROVIDED BY YOU
Where you provide materials in the course of the project, you guarantee that you own them or have been given permission to use them. Ownership of these materials will remain with you (or the persons who licensed them to you) at all times. You grant me a royalty-free license to use them for the project and to retain copies in my portfolio.
I will not be responsible for any damage or consequences if the materials you provided infringe someone else’s rights or are unlawful or illegal. You will indemnify me and pay for all damages, costs, fees, expenses and legal fees on an indemnity basis that I incur due to your materials being infringing, unlawful or illegal in any country.
I'm sure you understand how important it is as a small business that I get paid promptly for all invoices. I rarely have any late payment issues with my clients, but I need to protect myself too.
So in the unlikely event that any of the invoices are not paid on time, I may charge a late fee, as stated on the invoice, or, if no terms are stated, amounting to five per cent (5%) of the amount owing for every seven (7) days (or part thereof) that it remains unpaid.
I also may choose to cancel the project immediately, suspend work till payment is received and/or take legal action to recover my fees and any lawyer’s charges for doing so.
- OUR RIGHTS BEFORE PAYMENT OF THE FINAL PROJECT INVOICE
All originally created deliverables, in draft and final form, are wholly owned by me prior to full payment of the final project invoice by you. This means that if the project is cancelled before completion, I retain ownership of everything, and no rights are granted to you to use them.
- CONFIDENTIAL INFORMATION
“Confidential Information” means information that is marked as secret or confidential, or which, based on the circumstances in which it was disclosed, ought to be treated as confidential.
In the course of this project, I may receive from you (and you from us) Confidential Information. If either you or I receive from the other Confidential Information, the receiving party agrees to keep the Confidential Information secret, ensure that its agents and employees keep it secret, and not disclose it to any other person, organization or entity (unless absolutely necessary).
However, the receiving party may use or disclose Confidential Information received from the other in order to comply with a court order, law or regulation, direction of a governmental or statutory authority. The receiving party may also use or disclose Confidential Information that entered the public domain due to no fault of that party, or that was disclosed to the receiving party by another source lawfully and without any obligation of confidentiality.
- LIMITS ON LIABILITY
While my aim is to deliver top quality and client satisfaction, there are some things I am unable to accept responsibility for.
I provide the deliverables to you on an as-is basis, and I make no promise or guarantee that they will be fit for, or achieve, any particular purpose.
I will not be liable to you for lost profits or other special or consequential damages of any kind, nor will I be liable to you for direct damages unless caused by our gross negligence or fraud. The maximum damages payable to you in any event will not exceed the amount of fees actually invoiced and paid to me in connection with the project in question.
Specifically, I will not be responsible or liable to you for damages or loss caused by:
– your use of the designs and deliverables in ways that are not covered by the licenses I grant to you;
– anything done by me on your instructions, or using material you provided to us;
– any breach of these terms and conditions by you;
– any legal, governmental, contractual or other approvals that were required but which you did not obtain,
and you will keep me indemnified for all damages, costs, fees, expenses and legal fees on an indemnity basis that I incur due to any of these specific actions and omissions.
- FORCE MAJEURE
Neither you nor I shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or other communication service).
- NO TRANSFER OF THIS CONTRACT
You cannot transfer or assign this contract, the licenses given under or in connection with it, or any other parts of this contract to anyone else without my advance permission in writing, which I may choose to give subject to additional conditions.
I cannot transfer or assign this contract without your advance permission in writing, except to a company or business in which I have a ownership interest.
- OTHER LEGAL STUFF
I am an independent contractor and not your employee, and thus, any laws by which ownership of copyright in works created by an employee is automatically transferred to the employer do not apply (The work-for-hire principle under US copyright law, or other laws anywhere in the world).
Heather Jones may amend these terms and conditions at any time without prior notice.