This Agreement is considered applicable once a deposit has been made for template/site development or theme purchase and regardless whether the Client chose to read it or not.
Fat Cat Designs reserves the right to change or modify current Terms at any time with no prior notice.
The client is engaging Fat Cat Designs as an independent contractor for the specific purpose of developing
and/or redesigning a website to be installed on the Client’s Hosting Account Server. Hereafter, the client will be known as the “Client” and Fat Cat Designs will be known as the “Developer.”
Refunds will be given in limited circumstances so please read the following Terms and Conditions carefully.
Purchasing Themes from Fat Cat Designs implies that you have read and accepted these terms and conditions. Fat Cat Designs reserves the right to change or modify current Terms at any time with no prior notice.
Fat Cat Designs does not warranty or guarantee these themes in any manner. Fat Cat Designs cannot guarantee they will function with all 3rd party modifications, plugins or web browsers. Although the themes were tested in all major browsers (IE, FireFox, Opera, Safari), browser compatibility should be tested against the demonstration themes. Please be aware of that.
Child themes are designed for the Genesis platform and will not work without it. You cannot install the child themes without first installing Genesis.
Important: Purchased themes CANNOT be used if you blog from WordPress.COM. You must have your own hosting and domain.
Please notice that Fat Cat Designs does not provide support by email. Should you require any help regarding installation or modification of our themes, please use the contact form. Any support by email, unless initiated and stated by Fat Cat Designs as free assessments, will be billed at Fat Cat Designs normal rate.
Support help shall be primarily limited to bugs, and help to achieve demo look. This does not include support for third party plugins or additions of images, text, categories, pages or other amendments.
Support response time may be up to 48hours.
Theme agreement also includes any relevant section of the contract for Site Development/Design.
Domain Registration / Hosting
The Client is responsible for securing their own domain and hosting and for all responsibilities of each financial or otherwise. The Developer has no responsibility for the usage or renewal of either.
Estimate, Payment Arrangements & Workflow
1. Payment shall be made as follows:
For large projects:
A deposit of 60% is due before work is entered into the design schedule, and before work begins;
A final payment of 40% (plus relevant additional charges) is due upon completion of site as specified,
before site is published on the Internet and/or files released to the Client.
For small projects:
Payment shall be made in full before work begins.
2. If the production process takes longer than 45 days, the remaining payment will be due.
3. Cancellation of the project at the request of the Client must be made in writing. In the event of the
cancellation of this assignment, or any delay of more than 30 days, we will invoice you for the greater of
either: (1) all work completed up to the date of notification, based upon the percentage of the project
finished, including expenses; or (2) The initial deposit plus expenses, and this contract shall be considered
fulfilled by the Developer. All incomplete work will remain the property of the Developer. All payments
already made will first be applied to these charges. In the event this amount is not sufficient to cover the
Developer for time ($100 per hour) and expense already invested in the project, additional payment will be
due. If additional payment is due, this will be billed to the Client within 10 days of notification to stop
There are no refunds.
Work will not be scheduled until both contract and deposit are received, based on the later date of contract or deposit receipt. Delays in receipt of payment, contract, information or content from the Client may result in design delays, both in scheduling and completion of design. If such delays occur, the Client holds the Developer harmless against loss of income or any other damage related to any delay in website launch.
The Client agrees that the Developer may work on multiple projects simultaneously and that the Developer is not exclusively retained by the Client during website/template development
The Developer may use qualified subcontractors under our supervision for any or all work on this project.
Client shall provide Developer with a scope of work upon which the initial estimate shall be made.
Fat Cat Designs encourages input from the Client during the design process. However, having to respond to excessive emails or phone calls or skype messages will result in extra cost for time incurred – billed at $100 per hour.
The Developer understands, that Clients may request significant design changes to pages that have already
built to the Client’s specification. To that end, please note that our agreement does not include a provision for “significant modification” or creation of additional tasks in excess of our agreed amount, for free. If significant page modification is requested after a page has been built to the Client’s specification, we must count it as an additional scope of work, which will incur a charge of $100 per hour.
Some examples of significant modification at the request of the Client include, but are not limited to:
1. Developing a new table or layer structure to accommodate a substantial redesign at the Client’s request.
2. Recreating or significantly modifying the company logo graphic at the Client’s request.
3. Replacing more than 50% of the text to any given page at the Client’s request.
4. Creating a new navigation structure or changing the link graphics at the Client’s request.
5. Altering or including new CSS structures.
All site maintenance requests must be received in writing via email. The Developer charges $100/hour, in ½ hour increments.
Some Clients will desire to independently edit or update their web pages after completion of the site. Note
however, that if this option is selected and the Client, or an agent of the Client other than the Developer attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at a rate of $100/hr, with a 1 hour minimum.
The Client assumes all responsibility for securing rights to use text, graphics, photos,
designs, trademarks, or other artwork or inclusions to the Clients website. The Developer shall be held harmless from any claim or suit arising from the use of such elements furnished by the Client.
The Developer reserves the right to determine what is and is not offensive. The Developer shall not be liable for
indirect, incidental, consequential, special or exemplary damages, even if it has been advised of the possibility of such damages. The Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, obscenity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material or use of those materials. It is also understood that the Developer will not publish information over the Internet which may be used by another party to harm another.
Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Developer’s development of the Client’s web site. This includes Liabilities asserted against the Developer, its’ subcontractors, agents, Clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. The Developer will not be liable to Client or to any third party for any damages arising from the use of web site.
Copyright to the Client provided content and overall flattened design, as a whole, shall be vested with the Client, while copyright to any source code, CSS, search engine optimization, customized programming and design elements rests with the Developer. All custom, site-specific flattened graphics, domain names, and Client developed intellectual property shall be owned by the Client. The Developer retains rights to use source code, CSS, software, and design layers and elements currently owned or gained in the creation of the site. All revenues generated directly or indirectly from Client generated website content are the property of the Client. Developer copyrighted and/or licensed components may not be used on more than one domain without the Developer’s permission. In the event that the Developer uses any licensed code or licensed design element to fulfill a design requirement, the Client agrees to separately purchase a usage license from the author of said code or design element.
Work performed under this contract is NOT work for hire.