For Website Terms click here

Customer Terms and Conditions

The following is the entire Terms and Conditions required as a customer to any of the services from Tangled Spider Design Group (hereafter referred to as TSDG). You must be at least 18 years of age to subscribe to or purchase any of TSDG's services. Additional terms may be added as required with new or modified services.

The account holders are responsible for all activity and all charges on their account. Violations of any of the terms or conditions or any illegal or immoral activity will be grounds for immediate termination of service without notice. No refunds will be given for a partial month.

Accounting:

TSDG reserves the right to change fees or billing methods with at least 30 days advance notice. The account holder is responsible for all reasonable and lawful charges including, but not limited to, regular service charges, taxes, etc., and the TSDG service charge schedule.

TSDG fees are billed and collected periodically for most services except for monthly rates (which are billed monthly in advance) and annual rates (which are billed yearly in advance). It is the responsibility of the customer to notify the billing department of E-mail address changes. Late charges or service fees may be applied if accounts are more than 30 days past due and will not be waived if the customer fails to receive notice because of no E-mail account or an invalid account. An account that is 30 days past due may be deactivated by TSDG and may be terminated at the discretion of TSDG accounting. TSDG will apply a late fee or service charge of $5.00 or 1.5% (which ever is greater) per month for past dues balances. The due date is the monthly or yearly anniversary date. Anniversary dates that fall on the 29th, 30th or 31st in a month without that date will be billed on the last day of the month. Yearly charges for customers who pay by credit card will automatically be charged on their yearly anniversary date.

Termination and Cancellation:

Either party (TSDG or the customer) may terminate services at any time. Termination of the account is the customer's sole remedy for any dispute with TSDG. Refunds will not be given for partial month services or services already rendered such as past months. Refunds may be given on annual full-service charges for any full month not used, based on a prorated calculation of the annual rate divided by 12. Termination may not be made via email. Setup fees are non-refundable.

Conduct:

TSDG will not tolerate inappropriate conduct in the use of any of its services including, but not limited to, conduct which is illegal, immoral, deceitful, vulgar, a violation of copyright, invasion of privacy, gambling, or any unauthorized attempt to access or use facilities which are the property of TSDG, its customers or vendors. Any attempt to gain unauthorized access, bypass security or disrupt services will be prosecuted immediately and to the fullest extent of the law. Violations of good conduct will result in immediate deactivation and termination of services without notice.

Any use of E-mail services to intimidate, harass, or disrupt will also be considered bad conduct. TSDG services are for private and business uses and are not intended for bulk mailings. Bulk or unsolicited mail detected on TSDG systems will be terminated and removed without notice. This includes mail with viruses, pornography, vulgarity, harassment, threats, hate or any other material that violates TSDG's content guidelines. Any attempt to acquire or use TSDG's E-mail customer list is also prohibited.

Content:

TSDG reserves the right to approve all content uploaded or downloaded from its systems or services. Content is defined as any material used to communicate, inform, or execute and that is resident on TSDG systems. Content that violates the current TSDG standards or is deemed illegal by any federal, state or local law is prohibited. This includes, but is not limited to, vulgarity, violence, erotic sexual content, adult material, satanic or cult material, drugs, destructive behaviors and hate. Any content that is deemed to violate TSDG's content standards will be removed without notice and customer services will be terminated.

Services:

While TSDG endeavors to provide the highest quality of service and uptime, the Internet world is not perfect and there will be temporary outages from time to time. TSDG makes every reasonable effort to minimize downtime. Down time is not grounds for credits or refunds. TSDG reserves the right to add, modify or eliminate services and charges for services in order to better serve customers.

Warranties:
The services, under this agreement, will be performed in a timely and professional manner and the services shall conform to the standards generally observed in the industry for similar services.

Services provided by TSDG will comply with all telecommunication laws, applicable laws, rules and regulations.
TSDG shall not be responsible for the installation, operation or maintenance of equipment or software not provided by TSDG or its affiliates.

Disclaimer:

Client assumes responsibility and risk for its use and authorized users' and any unrelated party's use of the Internet. Neither TSDG nor its affiliates make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with regard to any merchandise, information or service provided through the Internet not created or provided by TSDG, and they shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely client's responsibility and authorized users' responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided on the Internet.

Client assumes responsibility and risk for content of all productions such as ads, printwork, websites etc. Content should not violate any copyright and, if usage has been granted by copyright holders, TSDG require a copy of written permission of use. All content is the responsibility of the client and TSDG are not responsible for verifying the accuracy of information supplied.

Except as provided in section labeled warranties above, this service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by TSDG, its affiliates or its contractors or their respective employees shall create a warranty. Neither TSDG nor its affiliates, nor its network provider, warrant that the service will be transmitted or error free or that any information, software or other material accessible on the internet is free of viruses, worms, trojan horses or other harmful components. In the event of a service interruption, TSDG will use its best efforts to restore service through its network provider.

Under no circumstances shall TSDG, its affiliates or its contractor be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from clients (or authorized users) and any unrelated party's use of or inability to use the services or to access the internet or any part thereof, or client's (or authorized users') and any unrelated party's reliance or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance.

Limitations of Liability:
Although TSDG makes commercially reasonable efforts to determine the identity of Clients, TSDG cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because TSDG does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you release TSDG (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Ethics:
See the Code of Fair Practice of the Joint Ethics Committee

Graphic Design:

All designs created by a Tangled Spider Designer remains copyright to the designer, unless the client has purchased the copyright release.

A 50% Deposit required before design work started. - All balances must be paid in full by the date stated on each invoice, unless other payment plan established by your Tangled Spider Designer. Outstanding balances / past due accounts will reflect a 1.5% late charge each month (see above).

All prepared photos, graphics, logos, etc., to be used creating the logo must be accompanied by all proper copyright or release of use materials where applicable. - All photos and material must be supplied from the client. We will not copy or reproduce any part of another website or publication to create your design. If you decide to use a photo that is not your property, we must receive a release from the owner to use this material.

Website graphics, custom borders, scripting, logos etc., cannot be manipulated, added to, or changed by anyone other than the original Tangled Spider Designer. Nothing on this design may be manipulated without written consent - and charges may apply.

Any changes made once a logo/graphic/page is created, and the client has agreed to (via email or US postal mail) may constitute additional charges. - Any changes made from the original Estimate may constitute additional charges.

All material needed to create your design must be supplied to the designer no later then 10 days from start of design. Please explain your expectations clearly when designing the initial layouts and brief.

The Client is responsible for all payments to any company reproducing this design for advertising or any other purpose, where applicable.

Tangled Spider Design Group and its designers will not be responsible for any lost or damaged materials. Our estimates are provided at no cost or obligation. All material/designs purchased from Tangled Spider is Copyright © 2005 to the artist, unless the client has purchased the Copyright Release.

Tangled Spider Design Group, Inc. retains ownership of original artwork and all digital files, whether preliminary or final and the client shall return such artwork and/or digital files within thirty days.

All ideas, words, designs and concepts created by Tangled Spider Design Group, Inc. are the Intellectual property of Tangled Spider Design Group, Inc, as protected by US Copyright Law and may not be used in any form beyond the agreed parameters without written permission. Copyrights may be purchased outright, or subject to limited use.

Tangled Spider Design Group, Inc. reserves all usage rights not expressly transferred.

Any usage beyond that granted to the client in the invoicing of a project shall require the payment of a mutually agreed upon additional fee. Upon cancellation of a project, all rights revert to Tangled Spider Design Group, Inc.

The client shall give Tangled Spider Design Group, Inc. credit for work wherever appropriate (i.e. editorial use, portfolios, on-line representation, etc.).

In order to maintain an up to date portfolio of work, and the integrity of any applicable copyrights, Tangled Spider Design Group, Inc. requires printed samples of all completed work. Tangled Spider Design Group, Inc. reserves the right to showcase all work done in any manner Tangled Spider Design Group, Inc. deems appropriate, including but not limited to a traditional and an on-line portfolio.

The client assumes all responsibilities herein set forth in regards to any work resold.

We reserve the right to decline services without further notice.

Work may not be reproduced and or manipulated without a copyright release form and written consent from Tangled Spider and or the artist.

The Graphic Artist Guild is mandated by its constitution to monitor, support, and foster ethical standards in all dealings between graphic artists and buyers. This is accomplished through Guild programs for members, through cooperation with related organizations, and through legislative activity on local, state and federal levels.

As members of the Graphic Artists Guild, Tangled Spider Design Group  strives to establish equitable and ethical relationships in its practices of buying and selling graphic arts and website design services. We value the accepted standards of ethics and professional conduct outlined in the Code of Fair Practice of The Joint Ethics Committee. The articles of this code relevant for our clients are reproduced here:
 

For Website Terms click here

Customer Terms click here