Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by Gabriela Elena, hereafter referred to as Gabriela Elena, Gabriela Elena Designs, Blog, and Etsy. All work is carried out by GABRIELA ELENA DESIGNS on the understanding that the client has agreed to GABRIELA ELENA DESIGN’s terms and conditions. Copyright is retained by GABRIELA ELENA DESIGNS on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by GABRIELA ELENA DESIGNS as fulfilling the contract. All other designs remain the property of GABRIELA ELENA DESIGNS, unless agreed in writing that this arrangement has been changed. PROJECT ACCEPTANCE At the time of proposal, GABRIELA ELENA DESIGNS will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the GABRIELA ELENA DESIGNS website. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to GABRIELA ELENA DESIGNS. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept GABRIELA ELENA DESIGN’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by GABRIELA ELENA DESIGNS. DESIGN CHARGES Charges for design services to be provided by GABRIELA ELENA DESIGNS will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until GABRIELA ELENA DESIGNS has received this amount. Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. CHARGES FOR OTHER SERVICES Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance. PAYMENT The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to GABRIELA ELENA DESIGNS. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount. Payments may be made by online transfer via ETSY, Square, or PayPal. Publication and/or release of work done by GABRIELA ELENA DESIGNS on behalf of the client, may not take place before cleared funds have been received. DEFAULT An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned payment. GABRIELA ELENA DESIGNS shall be considered entitled to remove GABRIELA ELENA DESIGNS and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, and photographers. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay GABRIELA ELENA DESIGNS reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions. COPYRIGHTS AND TRADEMARKS By supplying text, images and other data to GABRIELA ELENA DESIGNS for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by GABRIELA ELENA DESIGNS on behalf of the customer, will remain the property of GABRIELA ELENA DESIGNS and/or its suppliers. The customer may request in writing from GABRIELA ELENA DESIGNS, the necessary permission to use materials (for which GABRIELA ELENA DESIGNS holds the copyright) in forms other than for which it was originally supplied, and GABRIELA ELENA DESIGNS may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to GABRIELA ELENA DESIGNS, the customer grants GABRIELA ELENA DESIGNS permission to use this material freely in the pursuit of the design. Should GABRIELA ELENA DESIGNS, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow GABRIELA ELENA DESIGNS to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold GABRIELA ELENA DESIGNS free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions. ALTERATIONS AND REVISION The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The customer also agrees that GABRIELA ELENA DESIGNS holds no responsibility for any amendments made by any third party, before or after a design is published. PROJECT DURATION Any indication given by GABRIELA ELENA DESIGNS of a design project’s duration is to be considered by the customer to be an estimation. GABRIELA ELENA DESIGNS cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by GABRIELA ELENA DESIGNS for the initial payment or by date confirmed in writing by GABRIELA ELENA DESIGNS. RIGHTS OF ACCESS FOR WEBSITE CONSTRUCTION The client agrees to allow GABRIELA ELENA DESIGNS all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow GABRIELA ELENA DESIGNS access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply GABRIELA ELENA DESIGNS with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner. DESIGN PROJECT COMPLETION GABRIELA ELENA DESIGNS considers the design project complete upon receipt of the customer’s signed Approval form. Other services such as printing, display panel production, film work, website uploading, publishing etc. either contracted on the clients behalf constitute a separate project and can be treated as a separate charge. WEBSITE DESIGN ONLY GABRIELA ELENA DESIGNS require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colors, structure or content that require changes to the template will incur an additional charge. Once web design is complete, GABRIELA ELENA DESIGNS will provide the customer with the opportunity to review the resulting work. GABRIELA ELENA DESIGNS will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to GABRIELA ELENA DESIGNS by e-mail or phone and confirmed by email. GABRIELA ELENA DESIGNS will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. DESIGN CREDITS The customer agrees to allow GABRIELA ELENA DESIGNS to place a small credit on printed material exhibition displays, advertisements and/or a link to GABRIELA ELENA DESIGNS own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow GABRIELA ELENA DESIGNS to place websites and other designs, along with a link to the client’s site on GABRIELA ELENA DESIGNS own website for demonstration purposes and to use any designs in its own publicity and portfolios. RIGHTS OF REFUSAL GABRIELA ELENA DESIGNS will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. GABRIELA ELENA DESIGNS also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that GABRIELA ELENA DESIGNS does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow GABRIELA ELENA DESIGNS to remove the contravention without hindrance, or penalty. GABRIELA ELENA DESIGNS is to be held in no way responsible for any such data being included. CANCELLATION Cancellation of orders may be made in writing via email or direct post. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by GABRIELA ELENA DESIGNS within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. ACCEPTANCE OF TERMS AND CONDITIONS The placement of an order for design and/or any other services offered by GABRIELA ELENA DESIGNS, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at gabrielaelenadesigns.com. An estimate validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and GABRIELA ELENA DESIGNS.