Updated: November 2022
At TNW Creations, we strive to make our policies clear about our services and expectations. As part of that commitment, we clearly state our Terms & Conditions. All clients agree to TNW Creations User Agreement by entering into business with us or viewing our website.
For future reference, the terms, "Company," “We,” "Our," and “Us” in this terms and conditions refers to: TNW Creations, LLC, TNW Home (our contractor brand) and Tawaci (our media publishing brand).
The term, "website" will refer to: TNWCreations.Com, TNWHome.Com or Tawaci.Com, tashnaerinlavaux.com, erinlavaux.com and any other website under our company.
1. GENERAL POLICIES
We provide online digital products and services as well as tangible and print products and services.
Much like any contractor (eg: HVAC, roofing, carpeting, plumbers, etc), all payments are due up front and in full. Due to both the technical software aspect of programming websites (refer to the United States of America regarding software refund policies) and the labor involved - payments are not refundable. If you need a payment plan, we highly recommend utilizing our PayPal Credit checkout which can even include deferred interest for qualifying individuals. Or many clients prefer to use a business credit card.
Our website grants you temporary and limited license to templates and other products or services sold through our company in accordance with these Terms and Conditions.
Our company staff are not responsible for technical errors beyond our control, this includes third party apps, hosting, platforms, email services and all technical aspects we deal with every day. For example, should Google Services suffer an anomoly and your account encounter problems or loss of data, that would fall outside of our scope of control as we do not own Google and we would not be responsible for said loss of data or any repercussions. Please keep these limitations in mind.
For any design templates that are utilized, please be aware of each additional platform or entity terms before entering into services or purchases with Us. Be sure to inform yourself of any entity or platform terms prior to purchasing services or products from Us.
Emails are preferred as this gives our team a digital paper trail to ensure client's needs are met as expected. In the case of video or in person meetings, all of our meetings are recorded for quality assurance. We review recordings to ensure the client's requests are being met per our agreements addressed during the meeting and in contract.
Except where otherwise expressly provided by Us, all comments, feedback, or information such as reviews or our design work and portfolio information submitted to and by Us through or in association with our website will be considered non-confidential and Our property. By submitting such user content to Us, you agree that you assign us without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to the User Content. We will be free to use such User Content in any manner or media whatsoever, such as sharing of reviews, videos, advertising, graphics and social media, on an unrestricted basis and without any compensation or royalties to you. You represent that the User Content you supply does not violate this policy and will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove User Content. We take no responsibility and assumes no liability for any user content posted by you or any third party.
We assume no liability, and shall not be held responsible for, any action you take in connection with your use of our products, content or services.
THIRD PARTIES -
Our company takes no responsibility and assumes no liability for any user content, breakage, disconnect or negative conditions caused or created by you or any third party - this includes third party access to any and all services we offer or manage or are connected to your sites, domain or accounts. If you allow third party access or interference and the third party results in negative behavior that affects your business, your SEO, legal or otherwise - we take no responsibility and assumes no liability, furthermore third party access or contributions void any and all service and performance guarantees.
We will not knowingly create or contribute to any site that violates any copyright, patent, trademark, trade secret or any other proprietary right, any defamatory, libelous, racist, sexist, bigoted, or is unlawful; is pornographic, obscene or exploitative of a minor; contains or embodies a virus, worm, trojan horse or other contaminating or destructive feature; or otherwise violates any applicable treaty, law or regulation or inhumane or immoral behaviors including cryptominers, fingerprinters, phishing, illegal tracking or pharming. You agree not to assign, upload, indicate partnership or transmit to or via Company any content which: infringes or otherwise violates any of the aforementioned illegal, unlawful or immoral behaviors or content. We will not be held accountable for any situation in which a client engages in said violations. If we discover a client has entered into such unlawful or immoral behaviors, we will cease all relationships with the client and submit the client’s site to the proper authorities and governing entities.
Our Company.does not issue or allow refunds. You are responsible for understanding these policies before purchasing. Please make sure that you have carefully read all relevant documentation prior to purchase. In the event non-delivery of a product: in case some emailing issues occur and an e-mail with a download link is not delivered to you, please contact us for assistance. Claims for non-delivery must be submitted to our Technical Support Team in writing within 3 days from the order placing date. Download and unzipping issues: in case you faced with the problems while downloading the product or its unzipping, you have to contact our Technical Support Team without any delay. If you do not contact us during this period, you agree that we may construe silence as a successful download of the product without further right of redress or refund for a “download issue” reason. Major bugs and defects: when you stably encounter an error which is preventing you from using our product properly, and if we are not able to correct the error within an acceptable period of time or are unable to suggest a temporary solution, a refund may be issued to the customer at our discretion without any compensations. Such issues must be submitted to our Technical Support Team’s approval within 3 days of purchase. Failure to submit before the 3 days are up, will result in the closure of our complaint window and no opportunity for returns. Product not-as-described: such issues should be reported to our Technical Support Department within 3 days from the date of the purchase, not from the date of retrieval. Clear evidence must be provided proving that the purchased product is not as it is described on the website.
Contact Us by Email
Request a Call Back
You have 3 days to file a complaint on any service or product, if the 3rd day has passed, the complaint window is closed. Complaints will be handled within 7 business days of receipt of said complaint. Complaints based on the absence of features not listed in the product or service description are not accepted. Complaints based on the inability to install due to user user limitations are not accepted.
Our Company reserves the right to change or modify these terms and conditions without prior notice.
2. WEB DEVELOPMENT - TURNKEY, TEMPLATE OR CUSTOM
All content (text, images, links) and access must be provided before work can begin. Content must be provided in the proper formats and digitally through a cloud based drive or email. Professional writing/editing/research services are available for an additional charge . Content and/or images that require additional formatting, manual typing/input, extensive editing (photoshop) require additional payment. If images and/or text must be acquired from a website editor cPanel, there will be an additional fee. All content must be provided by the client in advance before the website project can begin. All content provided must be copyright free or owned by the client. In the case of copyright infringement, the client understands they will be held accountable by law. Completion dates will be affected by delayed action on the client’s part. New or additional content provided after the project start date will incur additional fees.
3. WEB DEVELOPMENT - ECOMMERCE / ONLINE STORES
ecommerce capabilities for retail, shares, donations, donations, ticket purchases and/or any financial transactions. Client must maintain a Merchant Account through PayPal, Wave Apps, Stripe, Square or other payment processing. Our Company creates the initial store and fully integrates the store into the client's new website up to 10 items unless specifically indicated in the proposal or website template purchase. Client is responsible for payment of all merchant fees and all ongoing management of the store, store products, payment sites, order management and fulfillment and payment collection and management. We will not setup, maintain or manage the merchant account unless management service is added. Client changes to the store, product categories & pricing, etc. will be handled by the client after our company has completed the build. Client understands that our company does not provide tech support for the ongoing operation and management of the store and does not provide chat and phone support for customers.
Initial store setup varies and includes an initial 10 products and support links for adding more products as the client wishes. Client is responsible for understanding the limitations and inclusions of the template or custom web design he / she is purchasing before purchase. Additional products may be added per additional proposal and project fees. Client is responsible for establishing correct shipping, sales tax and providing images and other information to us prior to store setup. "Products" may include physical items, donations, membership categories and digital items, etc. Discounted custom pricing may be provided for stores with over 100 products or special needs. All content provided must be copyright free or owned by the client. In the case of copyright infringement, the client understands they will be held accountable by law. We assumes no liability, and shall not be held responsible for, any action you take in connection with your use of our products, content or services or your merchant stores or your products. Completion dates will be affected by delayed action on the client’s part. New or additional content provided after the project start date will incur additional fees.
4. MOBILE OPTIMIZATION
All website projects include some type of mobile / device optimization. Mobile design optimization will streamline & consolidate content for use on smartphones and tablets. Client understands that not all tablet and device views will be applicable and as such are not guaranteed to be optimized and some multimedia design elements background video, music & some applications may not work the same way on mobile and devices as they do on desktop computers (this is a mobile technology limitation). Client also understands that the mobile version may require omission of select content, especially extensive text & other elements that are not mobile-friendly to maintain the best visitor experience. The type of platform and website software used will determine how responsive the website is on different screens.
5. BASIC SEARCH ENGINE OPTIMIZATION (SEO)
Basic Search Engine Optimization (SEO) techniques will be incorporated into the design of each website and website installation to help optimize search engine rankings for Google and Bing. Additional stand-alone SEO pricing varies per site. Client will be advised about other ways to maintain & improve search engine optimization and understands websites do not automatically move to the top of ranking without paying promotions through search engines. Client understands that although new websites are instantly indexed on Google, rankings and SEO change daily due to content and competition. Search engine rankings are driven by a complex algorithm of interconnected website backlinks, popularity and website age. No agency or individual can guarantee a specific website search ranking. More extensive Advanced SEO services are available for an additional charge.
6. ADVANCED SEARCH ENGINE OPTIMIZATION (SEO) WITH INITIAL AUDIT
SEO is a continuous effort & process, not a one-time service. Proper website design & structure is an essential first step to getting your website ranked higher on major search engines. Pricing varies per site. Our Advanced SEO and website audits are designed for websites our company has either built or will build. Audits and Advanced services vary based on the service you order from us and the size or location of your website. Advanced SEO includes optimization for Alexa, voice search.
Any interruption in our Advanced SEO service will require another audit for an additional fee. Client understand this does not guarantee ranking on search engines, this simply improves their chances of visibility. This is true for all SEO agencies. The only way to rank highest is through paid promotional ads with Google, Bing or Alexa. If client wishes to use Facebook Advertising, our company offers this service as well.
7. FAVICON LOGO
We will design / develop a favicon either using the client’s business logo or initials of the client’s website for each compatible website that is pre-built, semi-custom, custom or programmed by TNW Creations. There is no additional fee unless asked to redesign / redevelop the favicon. This additional feature is included in most of our packages when stated in the proposal.
8. DOMAINS* **
TNW Creations works with transfers, connections and acquisition of domains only when in conjunction with a website project order. TNW Creations will acquire domains through GoDaddy.Com (and GoDaddy’s International holdings), eNom, NameCheap, Network Solutions and many other domain registrars. TNW Creations will connect and transfer domains from other registrars that fall in our accepted list. Our list is constantly being updated so please check with us in advance to ensure your domain is supported. Domains we are hired to transfer or connect only are the responsibility of the domain owner. Domains managed by us are managed by us, we do not allow multiple parties to control the domain in part of whole as that reduces security. We do not edit DNS to allow other parties access to the domain as that reduces security and does now enable us to keep your domain secure. This is not an exception. Domains with email currently connected will need to be handled carefully. Client understands there may be email loss and downtime as the domain is transferred. If client does not inform us of the connected email servers or does not provide accurate information regarding their email, the client understands they will absolutely lose emails and service to their emails and all of their archived email with the possibility of no recovery.
* TNW Creations does not accept domains associated with BlueHost, HostGator or any subsidiary of Endurance International Group domains.
** Domain transfers are permanent & irrevocable for 60 days whether outgoing or incoming per ICANN Regulations 60-day Change of Registrant lock. TNW Creations does not provide the option for maintenance services after transfers out of our care because we are unable to guarantee the quality of a website if an outside designer or client has modified the website. All edits to domains including name, address or contact changes reset the registrant lock so be aware of this by informing yourself of the rules, regulations and procedures for Internet Corporation for Assigned Names and Numbers which governs all domains globally.
9. WEB DEVELOPMENT - PRODUCTION TIME
When all content is received from the client, we can begin work. Each project duration varies and will be counted only during regular business days or as noted on the proposal. Ecommerce sites & sites with extensive content, programming or special design elements will require more time. Minor requested revisions will be completed as soon as possible. Complicated or recurring requests for revisions will delay final results and incur more fees. Entire redesigns after our company has already designed a site, will incur the same fee as a new website.
Please note a proposed deadline will be established to deliver all content for the website design. Client’s failure to meet content (images, text, logo, etc) submission deadline after the content deadline will result in delays, rescheduling the project for a future date and / or additional fees. If client sends additional content after the content deadline, the project will be subject to delays, rescheduling the project for a future date and / or additional fees. In some cases, delayed projects may be rescheduled for a much later date if TNW Creations is booked and timelines have been affected due to the delays. Initial design includes one (1) full round of revisions. A revision round is a complete list of client requested revisions and MUST be submitted within THREE (3) days of the website draft delivery to keep the project on schedule. Failure of the client to submit a revision request within three (3) days will result in no changes to the site or additional fees to change the site. This provides the most efficient process to complete the client's revisions effectively & efficiently. Revisions that are not requested by the client within three (3) business days of website draft delivery will result in delays, rescheduling the project and additional fees. The point of contact designated by the client will be responsible for acquiring consensus within the client's organization before requesting changes or updates. Client must submit all content required for requested revisions at the time the revisions is submitted. Additional rounds of revisions are available for a determined amount based on the project. Additional rounds of revisions that require modification of the design, additional pages, extensive revisions or changes in navigation / organization, extreme layout differences of the site will incur an extra service fee of $100+ per page or $130. per our usual hourly rate depending on the scope as determined by TNW Creations.
10. MONTHLY SERVICES – GENERAL
All monthly services are subject to a minimum monthly contract (SEO, Social Media, etc) and fees are paid in full via stored pre-authorized credit card through PayPal. Annual Contracts are paid in advance. Annual services can be paid by mailed check. All services are non-refundable.
11. MONTHLY SERVICES – HOSTING & MAINTENANCE
Monthly hosting and maintenance fees include premium hosting services, ongoing maintenance of desktop and mobile design and app software updates as needed. Client must commit to 12 months of service for hosting services. Annual contracts are paid in advance via mailed check or monthly payments via stored credit card. All services are non-refundable.
12. MONTHLY SERVICES – HOSTING & UPDATES
Monthly hosting and updates include premium hosting services, ongoing maintenance of desktop and mobile design, app software updates as needed and one change per month (one page and up to 10 images or PDFs). Client must commit to 12 months of service for this offer. Client must submit all update requests to us via email at least 3 business days before changes are needed. Client requested updates received during regular business hours will be completed within 3-7 business days or sooner of the request date. Clients only receive ONE (1) update per month so all (up to 10 images / pdf files) and text must be submitted at the same time to be considering one update. Extra update requests will be charged accordingly.
13. MONTHLY SERVICES – HOSTING PLANS
Annual billing is paid in advance via mailed check or stored credit card. All services are non-refundable. It is rare that we allow monthly payments for our hosting, however in the rare incidence when we do allow monthly payments, please understand your hosting contract is for one year and cannot be cancelled or refunded.
14. MONTHLY SERVICES – CANCELLATION
Cancellation of accounts or services must be made 6 weeks prior to renewal to avoid additional fees. In the event the client wants to host or manage their website, they can request an account transfer. This is not guaranteed as some website software is non-transferrable or has a one year or one term license. Client understands these limitations and that technology is a constantly evolving universe and these capabilities may change or be limited by the additional parties at no notice. If we are managing your domain, you may request your domain be transferred and understand there are no refunds on web design, web development or web hosting as stated multiple times throughout our Terms of Service. You must provide an account to transfer the domain too and pay any domain registration fees which are government
TNW Creations is happy to help with tutorial links for free by email within reason. Any recurring or frequent requests for free email support will result in technical support fees at our normal hourly rate of $130. These paid support services include technical support, training for website maintenance and / or design services.
16. PAYMENT TERMS – GENERAL & REFUNDS
All fees are due in full before work can begin and are nonrefundable. Services and products are nonrefundable. By entering into business with our company or brands, client understands and agrees to these payment and nonrefundable terms.
17. PAYMENT TERMS - MONTHLY PAYMENTS
Monthly fees must be paid via automatic pre-authorized stored monthly payment by credit card. Or a year in advance by mailed check. Automatic monthly payments must be made either by credit card or ACH direct deposit via PayPal. Clients receive an automatically generated monthly paid invoice receipt via email for bookkeeping purposes. Client is responsible for maintaining a valid form of payment. Late payments will accrue at $35. per month fee and will result in interruption or cancelation of service and / or a public notice of payment due posted on the client's website if payment is past due.
If no monthly services were chosen, websites installed and setup by us will be transferred to the client's independent account varied per account.* Hosting service will be the client’s responsibility. for the cost of annual renewals. If client has custom email services connected to the domain, there will be a period of downtime (typically 1 to 3 hours but can take up to 7 days for full DNS propagation depending on the hosting companies being used – this is especially true for Wix transferred domains). Client is responsible for ongoing SEO to improve rankings. Website transfers are permanent and irrevocable for a minimum of 60 days depending on the host and domain providers. Our company provides no support nor option for maintenance services after transfer because we can only provide support for the website quality if maintained exclusively by us.
19. DESIGN REFRESH & NEW FEATURES
Website may be updated periodically with new design features & applications (with prior client approval) to freshen the design of the website, maintain modern design trends & to extend the life of the overall website design. Fees and completion times vary. Client may not log into the website editor or cPanel (this creates editing issues) until our staff states work has been completed.
20. OTHER SERVICES - DIGITAL LOGO DESIGN
We can create a digital logo in client's preferred branding color & style using our database of logo elements and font. This service typically includes two (2) unique design concepts based on client's preferred style and colors and two rounds of revisions for the concept the client chooses. Additional revisions or additional concepts will include new fees. FILES: Multiple graphic files will be transferred to the client including jpg, png with transparent background and pdf for any print or digital use the client may need.
21. OTHER SERVICES - SOCIAL MEDIA MARKETING
We offer account setup for some social media platforms, design and custom graphics. This does not include advertising (ads) on social media. If client wishes to use social media ad campaigns, we offer recommendations or can hold an advertising training session to walk you through the process and best methods.
22. OTHER SERVICES - PRINT OR DIGITIAL DESIGN SERVICES
Custom designed business cards, brochures, postcards, mailers, rack cards, flyers, letterheads, buttons, promotional marketing products like pens and mugs, stickers, labels, announcements, invitations and other print media. Digital files: Printer ready pdf (email or Google drive delivery). Print costs are additional and will be quoted based on clients' quantity, select features & shipping needs. All design orders must be paid in advance and are non-refundable.
23. CONSULTATIONS AND QUOTES
Our company offers one complimentary 15 to 30-minute quote consultation for new clients. Additional meetings will be billed at our normal hourly rate of $130. for a 45 minute session with a 15 minute buffer. Email quote consultations are always free. We do not give quotes over the phone. Our quoting process involves research into the products, services needed and pricing involved. A quote will be emailed after adequate research.
Our quote consultations do not include tech support, training or advice. All training, team training, tutoring, training and consultation meetings / conference calls will be billed at our normal hourly rate of $130. for a 45 minute session with a 15 minute buffer.
Our company and brands make no guarantees of your success, your search engine ranking or other services not mentioned in this agreement. Furthermore, regarding website projects – due to the sensitive nature of data and code environment the client agrees not to make changes, login, edit, add, delete, remove or modify images, text or code or in any way modify the website during our contract while we are either under a maintenance contract, upgrade, remodel or building phase. Using the common saying, "Too many cooks spoil the broth," multiple editors will very often cause disruption, errors, or in some cases complete and total failure of the core web code resulting in loss of service. Client agrees that during contract periods they are not allowed to use the editor until the contract is completed. Violation of this rule will result in immediate cessation of your project and contract with no refunds or alterations regardless of intent on the client's part. Or the client may opt to pay additional fees to us to repair or resolve issues rising from client’s tampering and understands this will create new start dates and push back completion dates. The only exception to the editing rule is if the client’s contract specifically allows their edits. Even then, the client understands that any edits they make that result in damage will be the client’s responsibility and not our company. Should the client’s edits result in damage to the design or the website stability, the client understands that any repairs to the website by our company will result in the client paying additional fees to us.
25. CONTRACT CANCELLATIONS
We realize sometimes needs or situations change and the occasional case of a contract cancellation may be necessary. For accounts that have a monthly payment plan, we will allow a contract break minus any fees already owed plus a $500. cancellation fee. There is no pro-rated refund or any refund allowed. The $500. cancellation will be on top of any fees already paid and owed.
26. BUSINESS CHANGES
In the event the business in contract for web work with our company or brand changes hands, management or is sold, the contract will move to the new business owner and the new business owner, management or decision maker will assume the contract and fees owed to our company. We also understand situations like this and are happy to work with you as needed.
27. FINANCIAL TERMS
Client agrees to all financial terms of this agreement. In the event the client fails to fulfill payment obligations for the services rendered under this agreement, the services will cease and the account will be subject to closure. In consideration for the services or products rendered under this agreement, the client hereby agrees to pay a LATE FEE on all balances which are overdue and unpaid thirty (30) days after the services are rendered; the LATE FEE will be computed at $35. per month. An ADDITIONAL FINANCE CHARGE of 29% percent of the total balance may be added to the past due balance and late fees. This will be in addition to any legal or attorney fees which are hereby stipulated to be thirty five (35%) percent of such outstanding balance, plus court costs, whether suit is filed or not.
28. FREELANCERS (TEAM MEMBERS)
Freelancers are listed on our website and are responsible for their own fees, taxes, communication and services.
Our company and brands assumes no responsibility, guarantees or liability for any services or interactions provided by any freelance partner on the network team. Our freelancers are shown on our website, if you are unsure if you are dealing with a freelancer, please ask for clarification. If a freelancer inaccurately identifies as a company employee, we will remove said freelancer from our network.
All Team members and freelancersoperating through our company shall abide by fair business practices and ethics in any dealings with any referred customer. All freelancers should act fairly and appropriately with your clients.
Our company reserves the right to remove any freelancer from our network / team list or limit the services a freelancer may offer through our website without notice, for any reason.
Our company is not an employment service and does not serve as an employer of any Freelance Partner. As such, Freelancers are solely responsible for any tax, withholding or reporting obligations. If our company is found to be liable for any tax, withholding or reporting obligation in connection with any Services provided or received by a freelancer, said freelancer will immediately reimburse and indemnify our company for all costs, expenses and liabilities (including any interest and penalties) relating to the same. Each freelancer is responsible for the payment of their own taxes.