June Lily, LLC is an Arizona limited liability company doing business as June Lily. For convenience, the client is referred to as “you” and “your” in these Terms and Conditions, and June Lily, LLC as “we,” “us,” and “our.”
Privacy Policy
We are committed to protecting your privacy and will not disclose your personal information (name, phone number, website information, address, and email) to any other companies or individuals without your permission. Additionally, we will never sell your personal information. You may choose to opt out of any email correspondence that you may receive. Just follow the steps to unsubscribe or please send us an email stating your request.
Copyright Notice
All content and images on this site belong to June Lily and are protected by U.S. Copyright law. Any reproduction or unauthorized use without our written consent is prohibited. None of the graphics, designs, layouts, formats or template codes may be altered, changed, shared or resold for any reason. You are only allowed to use the completed design on one website. Use on multiple websites is not permitted (without our written consent).
In some cases this work may be shared per the Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License, but only if you attribute it to June Lily and do not alter or transform it in any way. We respect the intellectual property of others and if you believe that your work has been used in a way that constitutes copyright infringement, please contact us.
Free Downloads
Free downloads, files and printable designs are for Personal Use Only. Any reproduction, redistribution, or resale of free items from June Lily is prohibited. When downloading free items from June Lily, you will be required to submit your name and email address, by doing this, you agree to add your information to the June Lily newsletter mailing list. Per the Privacy Policy, you may choose to opt out of any future email correspondence that you may receive.
Commercial Use
A limited commercial use license is available for a few select download designs on June Lily. Commercial licenses are available for small businesses only. If you will be making money from the use of the designs as part of a sale, then a $10 limited commercial use license is required per item per use. If the designs are for your own business use, then a $5 limited commercial use license is required per item.
Purchasing the limited commercial license does not transfer the copyright to you. The copyright to these designs belong to June Lily, please do not claim them as your own. Commercial use does not mean you can repackage, redistribute and re-sell the designs as is. You cannot use these elements for digital download products including: templates, digital stationery or printable items. You cannot repackage or re-sell these elements as part of a digital kit, CD collection or clip art set. The commercial use license is non-transferable. For commercial use, credit to June Lily is always appreciated. Please contact us regarding commercial use approval and details.
Authorization and Access
By scheduling your project and submitting a deposit for a custom blog design, custom website design or pre-made blog template, you authorize us to access your website account and Hosting Service with full access to files and other programs needed for the design project that are included as part of your design service.
Project Schedule and Waiting List
We will give you the estimated project start date at the time of scheduling. Some projects may be scheduled a few months out due to our waiting list. We have the right to extend a project’s start date or cancel a project for any reason at any time. If we cancel your project before any substantial work has been completed, and a deposit has already been paid, we will refund your deposit.
If you are non-responsive for longer than a week after we have made reasonable efforts to contact you anytime before, during or after the estimated project start date, we reserve the right to cancel the project and the paid scheduling fee along with the initial paid deposit will not be refunded.
Project Completion
A website project may take up to one month to complete and we have the right to extend the project completion date if we deem it necessary due to your request, designer request or project complexity.
Drafts and Revisions
Custom website, eCommerce and blog projects include 2 major draft design changes and up to 5 minor revisions. Smaller projects such as buttons and banners include 2 major drafts and 3 minor revisions. For any additional revisions, you will be charged an hourly design fee in addition to the original design quote.
Compatibility Guarantee
We guarantee that each design project, layout, image, favicon and logo completed will be tested for compatibility in the latest browser versions of Internet Explorer, Mozilla Firefox, Safari and Chrome. We are not responsible for browser design errors that may occur after the design is uploaded to the website. It is your responsibility to maintain your website after the design is uploaded.
Blog and Website Transfers
Blog and Website transfers may have inevitable problems that arise due to moving content, images, domains, design work, comments, hosting programs, name servers, blog feed and much more. We are not responsible for website or blog problems that may arise from the transfer. We guarantee that the website design will work and function properly, but we are not responsible for missing, lost, or non-transferring comments; missing, non-updating, or non-validating blog feed; missing or non-transferring posts, pages or images that may occur due to a site and/or blog transfer.
If you decide to transfer a site, we will help make the process smooth and uncomplicated for you, but we cannot guarantee that everything will transfer over perfectly. You assume all risk when deciding to transfer your blog or website content and design and you take full responsibility for any problems or ongoing website complications that may occur from the transfer.
Design Error Corrections
We will do the best we can to provide a design that meets your needs and requests. We also guarantee the design project will be free from visible errors that may affect the layout or design.
We agree to correct design errors you bring to our attention within 30 days after the design has been uploaded to your website. These design errors include typos, bad links, or browser inconsistencies. This does not include changing the design, replacing images or any other content elements.
If you contract with us to provide continued support for a website after the design has been uploaded, any major or minor design errors that need to be fixed after 30 days from the time the design has been uploaded to your website will require an additional service fee or the hourly design fee and may be subject to delays based upon our availability.
Payments
Payment for all design projects and services is currently offered through Paypal. Checks (personal or business) will not be accepted under any circumstances.
We require a non-refundable scheduling deposit of $150 at the time your design project is scheduled. We require an additional deposit of 50% of the quoted project fee at the estimated project start date and before we begin work on your design project. The remaining balance of the project fee is due in full upon the delivery of the finished website project. If you are unhappy with any part of the design, you are still responsible for the quoted project fee. Our fee for certain services and products such as headers, banners and buttons may be required in advance.
We may, at our discretion, charge a late fee of 1.5% per month (18% per annum) on past due balances. In the event that we take any action to collect any sums you have agreed to pay, you agree that we may include all our costs, expenses and attorneys’ fees as part of any judgment we may obtain against you. You acknowledge that it is our policy to report any unpaid sums to credit reporting agencies after 90 days.
Change Orders
The quoted project fee is subject to change and additional fees may apply in the final payment if you require additional services or projects after the initial quote. If you do request services or products outside the scope of work outlined in the Project Proposal Agreement, you may be required to sign or acknowledge a separate Change Order defining the enlarged scope of work and corresponding additional fee.
Refunds
Except as provided in these Terms and Conditions or otherwise in writing by us, we retain the right to grant or refuse your request for a refund or partial refund subject to our sole and absolute discretion.
Credit Links
You agree to have a credit link to June Lily placed on the footer of your website. You agree not to remove or hide this link. Alternatively, you may elect to have the credit link removed for an additional fee of $150.
Limitation of Liability
In no event will we be liable for any incidental or consequential damages, including, without limitation, loss of use, loss of data, loss of profit, liability to third parties, however caused, whether by our negligence or other-wise. In no event will we be liable to you or any third party for any damages or economic loss, due to technical problems with your website. It your responsibility to save and store a backup of all images and designs. It is not our responsibility to save the existing design or image elements. Additionally, we are not responsible for any lost website content that may occur after the design is uploaded to your website.
Portfolio
You expressly grant to us your permission to display all finished blog designs, website designs, images, design elements, logos and graphics in our project notes and online portfolio as an example of our previous work.
Additional Information
You are choosing our design services based on the style and quality of design represented in our online portfolio. Before submitting a deposit, you must feel confident in our work and you agree to be reasonable and flexible in your design requests. While we will do our best to fulfill your website design vision, some requests simply may not be possible.
Stock Photos and Scrap Kits
Stock images and Scrap Kits are not included in the price of a custom blog design. If you would like to include a specific Stock image or Scrap Kit in your design, you must purchase the image, graphic or kit and follow the specific commercial-use license rules for each site.
Stock images cannot be used for official logos or for print work unless an extended license is purchased for the image. We are not responsible for any problems or concerns that may arise with stock photo websites if you fail to acknowledge and follow the extended license rules and requirements for the image or logo.
Additionally, scrapbook websites with scrap kits have their own set of rules that determine whether an item may be used for personal or commercial use. You are responsible to follow each set of rules and instructions regarding the use of scrap kits for commercial use on your website. We are not responsible for any problems or concerns that may arise with a specific scrap kit if you have failed to acknowledge and follow the commercial license rules and requirements for their specific design.
Premade Templates and Designs
Premade templates, themes and designs are sold “as is” and we do not accept returns or issue refunds for these digital downloadable files and/or products. It is your responsibility to maintain the design on your blog or website and to obtain your own support for website maintenance and up-keeping. We are not responsible for any changes to the design or errors made by the client or a third party.
All premade templates, themes and designs are for personal use only. All graphics and image content on the premade templates, themes and designs prior to purchase belongs to us. Purchasing does not transfer the copyright to you, the copyright to the templates, themes, designs, and digital elements belongs to June Lily, LLC. By purchasing you agree not to use the digital file on more than one site. You do not have the right to claim, reuse, resell or redistribute any design, template, theme or design image or element without our prior, written consent.
Entire Agreement
The Terms and Conditions along with the Project Quote and any Change Order constitutes our entire agreement and supersedes all previous contemporaneous negotiations, commitments, and writings between you and us.
Governing Law
Our agreement is governed by the laws of the State of Arizona and any dispute between you and us is subject to the exclusive jurisdiction of the Maricopa County Superior Court or other court of general jurisdiction within Maricopa County, Arizona.
Attorneys’ Fees and Costs
If either party breaches their agreement and the other party seeks legal counsel in connection with the recovery of any losses or damages suffered as a result of the breach, the successful party in the lawsuit is entitled to recover all costs and attorneys’ fees in association with the litigation.
Penalties
Violators of these terms hereby agree to pay liquidated damages to June Lily, LLC in the amount of $1,500.00 per incident for any use violating these Terms and Conditions. In addition, should June Lily incur any attorney fees or other costs in collecting and/or enforcing this liquidated damages provision, violator agrees to reimburse all such fees and/or costs.
If you have any questions about these Terms and Conditions, you may contact: info {at} junelily {dot} com
