If you are considering becoming a client or using one of my free/premade designs, please be sure that you read over and understand my terms of service as listed below. These terms and conditions are subject to change at any time, without warning, and therefore should be read prior to making your purchase(s).

All payments are handled securely via PayPal or Google Checkout unless prior arrangements have been made.

Images/Graphic Use

For my templates and associated “bling” such as awards, avatars, banners, etc., I use a combination of purchased graphics from other artists and stuff of my own making as needed for each specific project. Graphics are used under limited license. Rights are reserved by Judith Shakes Designs as well as applicable illustrators/artists, and digital redistribution of any graphics governed by such a license is STRICTLY prohibited.

Graphics are not available for trademark registration, print, or other similar actions unless otherwise noted.

Copying, snagging, cropping, redistributing, and/or modifying JS Designs in ANY FORM without prior written approval is prohibited. This includes having another designer make modifications to your design.

Should you provide images, graphics, photos, et cetera for your design, you are responsible for obtaining usage rights/permission for said items and agree to hold harmless, protect and defend JudithShakes Designs, and its subcontractors from any claim or suit arising from the use of any design elements.

JudithShakes designs consist of several images including headers, backgrounds, and various miscellaneous graphics that need to be hosted on a server in order to appear on your site.If you do not have a hosted solution such as WordPress or Typepad, your design’s graphics are currently hosted on either our servers or a Photobucket account set-up specifically for your project and are coded into your template with these paths. Should you wish to host them yourself, you will need to replace these paths with those of your graphics’ new hosting location.

JudithShakes Designs and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Premade/Freebies

Premade and freebie items are sold AS IS unless otherwise noted. You will be charged for additional design elements and/or design changes.

Premade and freebie items are platform-specific. Please be sure that your platform is compatible with your choice of design BEFORE purchasing.  Due to the nature of my products, refunds are NOT available.

Credit & Use

Single-use only! Designs are licensed to respective clients for a single installation. Notification must be made of domain change or transfer of template.

All designs are provided with a clear credit line/link back here. This credit line is not to be removed under any circumstances if ANY elements of the design remain (including the original design concept).

Maintenance and Hourly Rate.

This agreement includes minor tweaks and modifications to the design (font changes, spacing, line-height, et cetera) for 24 hour period (or a timeframe specified with your package choice or in your design contract)  following installation to client’s hosted site. This does not include major changes to layout or graphics that were previously approved by client. If the client or an agent other than JudithShakes Designs attempts making changes to the provided files, time to repair the theme will be assessed at the hourly rate, and is not included as part of the updating time.

Changes requested by the client beyond those limits will be billed at the hourly rate of $50. This rate shall also govern additional work authorized beyond the maximums specified above.

Web Hosting.

The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows JudithShakes Designs full access to the website via FTP and has sufficient requirements to host and operate the required platform. The client also understands that some hosts may not allow for the operation of optional plugins, scripts, or features.

Initial Design & Completion Date.

Both parties must work together to complete the website in a timely manner. JudithShakes Designs agrees to have an initial design mock-up ready for in an agreed timeframe. The client agrees to provide timely feedback and revision requests. JudithShakes Designs agrees to apply feedback and make revisions in as timely a manner and all feedback and revision requests will be provided in writing via email or letter.

In the event of an emergency, illness, or unexpected delay, both JudithShakes Designs and the client agree to notify the other party in writing via email or letter to discuss and possibly amend this agreement accordingly.

If the client does not supply JudithShakes Designs feedback, approval, and/or revision requests on the design mock-ups within two weeks of the date that the design mock-ups are provided and no contact has been made, the entire amount of the contract becomes due and payable.

Concepts,Revisions, Approval.

JudithShakes Designs agrees to provide up to two additional concepts if the initial concept is rejected by the client. Client agrees that should he/she reject a concept in its entirety, there will be an additional fee should the client choose to utilize that concept after additional concept(s) have been created.
JudithShakes Designs provides two major rounds of revisions :
Mock-Ups : Flattened images portraying the overall layout and graphic elements of the design. Concept, major graphics, and general layout will need to be approved before moving on to live test site.
Live Preview: Working test site built on testing server to finalize the project. Theme will need final approval at this stage before moving on to installation on client’s site.
Client agrees to provide succinct and detailed feedback/revision requests in writing.
It is the client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. JudithShakes Desigsn is not liable for errors or omissions.
Revisions requested after client has given approval via email or phone may be subjected to additional fees.
New work requested by client and performed by JudithShakes Designs after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, JudithShakes Designs will submit a proposal revision memo to the client, and a revised additional fee must be agreed to by both parties before further work proceeds.

Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.

Payment of Fees.

Fees to JudithShakes Designs are due and payable on the following schedule: 50% upon receipt of this contract and the design invoice, 50% before approved theme is uploaded to client’s site. If the total amount of this contract is less than $400, the total amount shall be paid upfront. In case the client has not secured hosting space on a web hosting service by the time the theme files are completed, the theme/project files may be delivered to the client digitally. All payments will be made in US funds and are handled securely via PayPal, Google Checkout, or Amazon Payments.

Assignment of Project.

JudithShakes Designs reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

Blogging Software/Programs

Support for your blogging software should be obtained through the respective software company unless prior arrangements have been made. Troubleshooting/tutorials for software issues that are NOT design-related will be billed at an hourly rate.

Legal Stuff.

JudithShakes Designs does not warrant that the functions contained in the project will meet the client’s requirements or that the operation of the project files will be uninterrupted or error-free. The entire risk as to the quality and performance of the theme is with client. In no event will JudithShakes Designs be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these theme, even if JudithShakes Designs has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights and Trademarks.

Copyright to the finished assembled work produced by JudithShakes Designs is owned by JudithShakes Designs. Upon final payment of this contract, the client is assigned rights to use as a theme the design, graphics, and text contained in the finished assembled WordPress Theme. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Client agrees to contact JudithShakes Designs for information and permission to use the design for any purpose other than its intended. Additional licensing fees may be applicable. Use of the design and or its elements for any purpose other than its intended will require immediate removal from client’s site and any other place where the design was used.
JudithShakes Designs and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Payment of fees.

In order for JudithShakes Designs to remain in business, payments must be made promptly. Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. JudithShakes Designs reserves the right to remove theme/design from viewing on the internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective when initial payment is made on design services. Client agrees that for purposes of venue, this contract was entered into in Calcasieu Parish, Louisiana, and any dispute will be litigated or arbitrated in Calcasieu Parish, Louisiana.

All materials or property belonging to the client, as well as work performed, may be retained as security until all just claims against the client are satisfied.

Initial Payment and Refund Policy.

Final project costs will reflect the actual costs occurred. Deposits are non-refundable after work has begun but can be used toward future projects with JudithShakes Designs as long as client request that it be so within 30 days of the onset of this agreement. If, at the time of the project cancellation, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above.

Violators of these terms may be asked to immediately remove the design and all of its elements/concepts from their  site.