Effective Date: May 4, 2025

 

Welcome to Whim Digital LLC (“we,” “our,” or “us”). By engaging our web design services, you (“Client” or “you”) agree to the following Terms and Conditions. Please read them carefully.

 

1. Agreement Overview

These Terms and Conditions govern the provision of web design services by Whim Digital LLC to the Client. By accepting our proposal, making a payment, or otherwise engaging our services, you agree to be bound by these terms.

 

2. Services Provided

We offer a range of web design and development services, including but not limited to:

• Website design and development
• Content management system (CMS) integration
• Search engine optimization (SEO) services
• E-commerce solutions
• Ongoing website maintenance and support
• Logo
• Branding
• Graphic Design
• Print Materials
• Marketing Collateral

 

A detailed scope of services will be outlined in the project proposal.

 

3. Payment Terms

• Deposit: A non-refundable deposit of 25% of the total project fee is required before work commences.

• Ongoing Payments: Monthly fees are due within 30 calendar days from the date the invoice was issued.

• Final Payment: The remaining balance is due upon project completion, prior to the website going live.

• Late Payments: Payments not received within 30 days of the due date may incur a late fee of 1.5% per month on the outstanding balance.

 

4. Client Responsibilities

The Client agrees to:

• Be financially responsible for all design elements needed to complete the work, including but not limited to fonts, stock, images, and existing branding elements; and will retain the right to use them.

• Ensure that all content provided is owned or licensed by the Client.

• Review and approve design drafts and final deliverables promptly to avoid project delays.

 

5. Revisions

• Any requested work outside the scope of the agreed project proposal will be charged at an hourly rate (e.g., extra revisions, extra design mockups, last-minute changes).

• Any new components of design requested outside the scope of the project proposal will be subject to a new design estimate and
  invoice.

 

6. Ownership and Intellectual Property

• Upon receipt of full payment, the Client will own all rights to the final website design, including content and code.

• Whim Digital LLC retains the right to use the completed project in our portfolio and for promotional purposes unless otherwise agreed in writing.

 

7. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the project. This obligation extends beyond the termination of the agreement.

 

8. Warranty and Limitation of Liability

• We warrant that the website will function according to the specifications for 30 days after launch.

• Our liability is limited to the amount paid for the services rendered. We are not responsible for any indirect, incidental, or consequential damages.

 

9. Termination

Either party may terminate the agreement with 14 days’ written notice. Upon termination:

• The Client shall pay for all work completed up to the termination date.

• All materials provided by the Client will be returned.

• Confidentiality obligations remain in effect.

 

10. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.

 

11. Dispute Resolution

In the event of a dispute, both parties agree to attempt to resolve the matter through mediation before pursuing legal action.

 

12. Amendments

These Terms and Conditions may be amended from time to time. Clients will be notified of any significant changes.

 

13. Contact

Whim Digital LLC

Email: tereza@whimdigital.com
Phone: 202-725-2762