Terms & Conditions
These Terms & Conditions (“Terms”) govern the relationship between Design Alligators (“Agency”, “we”, “us”) and the client (“Client”, “you”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, please discontinue use of our services.
1. Acceptance of Terms
By engaging with Design Alligators, submitting payment, signing a proposal, or using any of our digital services, you acknowledge that you have read, understood, and agree to these Terms & Conditions.
2. Scope of Services
Design Alligators provides a range of digital services, including but not limited to:
- Website development and design
- Branding and logo design
- Video animation
- SEO and digital marketing
- Content writing
- Ongoing maintenance and support
Service-specific details, deliverables, timelines, and pricing will be defined in a separate Statement of Work (SOW) or project proposal for each project.
3. Payment Terms
- All projects require a non-refundable upfront deposit as outlined in the project proposal or SOW.
- Payment schedules, milestones, and due dates will be detailed in the SOW or invoice.
- Late payments may incur additional fees or interest as specified in these Terms or in the service agreement.
- Work may be paused or withheld if payment is not received by the due date.
4. Automatic Payment Authorization
To ensure timely completion of projects and uninterrupted service, the Client agrees to the following automatic payment terms:
- Non-Responsiveness: If the Client becomes unresponsive or fails to provide necessary feedback, approvals, or payment within seven (7) days of any request or milestone due date, the Agency is authorized to automatically charge the remaining project balance to the Client’s payment method on file.
- Use of Deliverables Without Full Payment: If the Client uses, publishes, or takes delivery of any part of the services or deliverables without making full payment as per the agreed payment schedule, the Agency is authorized to automatically charge the remaining balance to the Client’s payment method on file.
- Payment Discrepancies: If there is any payment discrepancy or issue and the Client does not resolve it within seven (7) days of notification, the Agency is authorized to automatically charge the outstanding balance to the payment method on file.
- Late Payment Fees: Any payments not received by the due date may incur a late payment fee of up to 10% per month on the outstanding balance until paid in full. The Agency is authorized to charge this fee to the Client’s payment method on file.
- Cancellation or Termination by Client: If the project is canceled or terminated by the Client without prior mutual agreement, the Agency is authorized to charge the Client for all completed work, time spent, and any third-party costs incurred up to the point of cancellation or termination.
5. Client Responsibilities
The Client agrees to:
- Provide timely and clear feedback, approvals, and responses.
- Supply all necessary materials, content, and information required for the project.
- Ensure full and timely payment according to the agreed schedule.
- Maintain accurate contact details, including email address and phone number.
Failure to provide required materials or feedback in a timely manner may result in project delays, additional costs, or project suspension.
6. Revisions
- The number of revision rounds included in the project will be specified in the SOW or proposal.
- Revisions are intended for reasonable changes to the agreed scope, not for entirely new concepts or directions.
- Additional revisions beyond the agreed number may incur extra charges at the Agency’s standard rate.
7. Confidentiality
Both the Agency and the Client agree to keep all proprietary, confidential, or sensitive information confidential and not disclose it to any third party without prior written consent, except as required by law.
This confidentiality obligation survives the completion or termination of the project.
8. Intellectual Property Rights
- Upon full and final payment, the Client is granted exclusive rights to the final agreed deliverables (such as final designs, website layouts, logo files, etc.), unless otherwise stated in the SOW.
- The Agency retains ownership of all preliminary work, drafts, source files, and working files, unless explicitly transferred in writing.
- The Agency reserves the right to display the final deliverables and project details in its portfolio, marketing materials, and case studies, unless the Client explicitly restricts this in writing.
9. Project Inactivity & Reactivation Fee
If a Client becomes unresponsive or discontinues communication during an ongoing project:
- The project may be placed on hold after 90 days of inactivity.
- If the Client wishes to resume the project after this period, a Project Reactivation Fee of $350 will be required.
- This fee covers administrative time, project review, re-planning, and resource reallocation necessary to restart the work.
10. SMS Communications
By providing your mobile phone number to Design Alligators and opting in, you consent to receive SMS text messages from us, which may include:
- Account notifications
- Project and service updates
- Customer support and follow-up messages
- Delivery or status notifications
- Appointment or meeting reminders
- Promotional or marketing messages (only if you explicitly opt in)
Message Frequency
Message frequency may vary. You may receive up to 2 SMS messages per week, depending on your project activity, support requests, or service usage.
Message & Data Rates
Standard message and data rates may apply according to your mobile carrier’s pricing plan. Charges may vary for domestic and international recipients.
SMS Opt-Out
You may opt out of SMS communications at any time by:
After you opt out, you will no longer receive SMS messages from Design Alligators, except where required for essential transactional or legal notices if applicable.
SMS Help
If you need assistance regarding SMS messages, you can:
11. Communications Consent
By providing your email address and phone number, you authorize Design Alligators to communicate with you through:
- Email
- SMS text messages
- Phone calls or voice messages
These communications may include project updates, invoices, service notifications, support messages, and, if you have opted in, promotional content. You may opt out of promotional communications at any time, while still receiving essential service-related messages.
12. Refund Policy
- Refunds are generally not provided once an initial design, concept, or mockup has been delivered and/or approved by the Client.
- Refunds are not available for any work that has already been completed, time that has been spent, or third-party tools/services purchased on behalf of the Client.
- Any exceptions to this policy must be agreed upon in writing by Design Alligators.
13. Limitation of Liability
- The Agency is not liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the use of our services, even if advised of the possibility of such damages.
- The Agency’s total liability for any claim related to a specific project shall not exceed the total amount paid by the Client for that project.
- The Client is responsible for final review and approval of all deliverables before they are published or used publicly.
14. Dispute Resolution
In the event of a dispute between the Client and the Agency, both parties agree to:
- First attempt to resolve the matter through informal discussion and good-faith negotiation.
- If unresolved, pursue mediation as a non-adversarial method of dispute resolution.
- If mediation fails, disputes may be submitted to non-binding arbitration, subject to applicable law.
15. Changes to Terms
Design Alligators reserves the right to modify or update these Terms & Conditions at any time. Any changes will be posted on our website or communicated to you using the contact information you have provided. Your continued use of our services after such changes constitutes your acceptance of the revised Terms.
16. Governing Law
These Terms & Conditions are governed by the laws of the United States of America. Any legal actions or proceedings related to these Terms shall be brought in the appropriate courts within the applicable jurisdiction.
17. Contact Information
If you have any questions about these Terms & Conditions, our services, or our SMS communication practices, please contact us: