Artful Intelligence, LLC General Terms & Conditions  
All services provided to the Customer by Artful Intelligence, LLC are subject to the following terms and conditions unless specifed in a written and signed contract between the client and Artful Intelligence, LLC. The terms agreed to in a written and signed contract supercede the terms of this online Terms and Conditions. Any terms not specified in a written and signed contract shall default to these online General Terms & Conditions.

1. Acceptance. A payment of an advance fee, deposit fee or final fee is deemed an acceptance of our terms and conditions, a copy of which is available via our website, with all contracts, and at any time by request to Artful Intelligence, LLC.

2. Charges. Charges for the services to be provided by Artful Intelligence, LLC are defined in the project quotation that the Customer receives both via e-mail and post. Quotations are valid for a period of 30 days. Artful Intelligence, LLC reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Items in a quotation provided by Artful Intelligence, LLC are quoted to a fixed price based on requirements and information provided. No extra charges will be incurred to complete any quoted items unless further requirements or information is provided to Artful Intelligence, LLC by the Customer which significantly changes the quoted item. Any extra charges will be quoted to the Customer prior to commencement of the quoted item.

All Website Design Projects require an advance deposit payment of a minimum of thirty (30) percent of the project quotation total before the work is commenced and submitted to the Customer for review. The next thirty (30) percent of the project quotation total is due upon approval of the design. The remaining forty (40) percent of the project quotation total will be due upon completion of the work prior to the project being set live on the server or files being delivered via electronic transfer, email, or postal mail.

Projects may also be completed under an Hourly Rate Retainter Contract in which all work is billed at the flat rate of $75 USD per hour and billed via a monthly invoice detailing the work which was performed during the previous month. A retainer fee may required prior to commencement of an Hourly Rate Retainter Contract which is applied to the monthly invoice(s).

Charges for the project or retainer hours do not cover the release of source psd, ai, png or fla files; a separate quotation for these items can be prepared if the Customer requires these items.
Why are the design files not included?
Our files contain proprietary information. Working out creative solutions, then laboriously preparing layouts, grids, templates, and style sheets is challenging, detailed and complex work. It involves many proprietary "tricks of the trade," combinations of telent, training, and experience that lead to fast and efficient ways of working. Beacause we're a serious business, these procedures are our company's competitive edge. They are not only part of what makes us unique, they are also an integral part of every job. To allow them to fall into the hands of others is to risk losing the very secrets upon which the success of our business has been built. Even in the case of releasing these files to our clients, it is done so with the restriction that the files are to be used by the clients only and never released to a third party without the expressed written consent of Artful Intelligence, LLC.

Payment for services is due by cash or check. Checks should be made payable to Artful Intelligence, LLC and sent to 9105 Iron Cactus Ave, Las Vegas, NV 89148

3. Customer Consultation. Where consultations are required between Artful Intelligence, LLC and the Customer, charges may apply. Consultations which occur at Artful Intelligence, LLC office, or telephone consultations under a project contract are free of charge. Consultations taking place under an Hourly Rate Retainter Contract will be billed at the flat rate of $75 USD per hour. Consultations which are required to take place at the Customer’s premises may incur an additional consultation fee. Any additional consultation fees which may incur will be advised prior to a consultation.

4. Customer Review. Artful Intelligence, LLC will provide the Customer with regular opportunities to review the appearance, layout and content of the project during the design and creation process. The initial stage of creation involves the design shell of the Website Design Project which, once finalised and approved by the Customer, will not be amended without additional cost to the Customer. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies Artful Intelligence, LLC otherwise within ten (10) days of the date the materials are made available to the Customer.

5. Turnaround Time and Content Control. Artful Intelligence, LLC will provide the Customer's project by the agreed date wherever possible, unless a delay is specifically requested by the Customer and agreed by Artful Intelligence, LLC.

In return, the Customer agrees to delegate a single individual as 'first-point-of-call' to aid Artful Intelligence, LLC with progressing the project in a satisfactory and expedient manner.

During the project, Artful Intelligence, LLC will require the Customer to provide text copy and content images. If content is not provided within four (4) weeks of an official request by email then Artful Intelligence, LLC reserves the right to advise the Customer of a revision to the final payment fee based on new or revised pricing schedules should any changes in pricing schedules occur during this time. If content is not provided within eight (8) weeks from the original email request then the Customer is considered to be in default and the project will be terminated and the Customer sent the final invoice for immediate payment. Artful Intelligence, LLC will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.

6. Additions/Extras. Any additional items, pages or other features requested by the Customer to be included in an already quoted or invoiced project will be assessed by Artful Intelligence, LLC and quoted or billed separately.

7. Payment. Invoices will be provided by Artful Intelligence, LLC both at the start of a project for the deposit payment, and upon completion of the project and any associated services. Invoices are normally sent via email and fax. Accounts that remain unpaid thirty (30) days after the date of the invoice incur a service charge in the amount of one and one-half percent (1.5%) per month of the total amount due.

8. Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on Artful Intelligence, LLC's Web space, Artful Intelligence, LLC will, at its discretion, remove all such material from its web space. Artful Intelligence, LLC is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Checks returned for insufficient funds will incur a return charge of $40 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay Artful Intelligence, LLC reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Artful Intelligence, LLC in enforcing these Terms and Conditions.

9. Termination. Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

10. Ownership. Any and all design, files, layouts and other items related to the project remain the full ownership of Artful Intelligence, LLC until full and final payment has been made for the project. Ownership of design, layout and other items contained in the final output files, and the files themsleves, is transferred from Artful Intelligence, LLC to the Customer upon final payment of the project.

Ownership of source psd, ai, png or fla files remains with Artful Intelligence, LLC; a separate quotation for the ownership and release of these items can be prepared if the Customer requires these items.

Why are the design files not included?
Our files contain proprietary information. Working out creative solutions, then laboriously preparing layouts, grids, templates, and style sheets is challenging, detailed and complex work. It involves many proprietary "tricks of the trade," combinations of telent, training, and experience that lead to fast and efficient ways of working. Beacause we're a serious business, these procedures are our company's competitive edge. They are not only part of what makes us unique, they are also an integral part of every job. To allow them to fall into the hands of others is to risk losing the very secrets upon which the success of our business has been built. Even in the case of releasing these files to our clients, it is done so with the restriction that the files are to be used by the clients only and never released to a third party without the expressed written consent of Artful Intelligence, LLC.

11. Copyright. The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants Artful Intelligence, LLC the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting Artful Intelligence, LLC permission and rights for use of the same and agrees to indemnify and hold harmless Artful Intelligence, LLC from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.

12. Intellectual Property. Any functions, coding, programming or other systems created by Artful Intelligence, LLC which controls the Customers Website Design Project remains the property of Artful Intelligence, LLC at all times. Upon the final payment of the Website Design Project, the Customer becomes the owner of the style, layout, general design and graphic design of the Website Design Project. The Customer also retains ownership all of the content placed onto the Website Design Project. The content, style and design on the Website Design Project will be made available should the Customer elect to leave Artful Intelligence, LLC.

13. Standard Media Delivery. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on disc or via e-mail) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format. Images and photographs requiring external scanning or manipulation/editing, or documents provided in hard copy requiring re-typing may incur further charges. Although every reasonable attempt shall be made by Artful Intelligence, LLC to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.

14. Design Credit. A link to Artful Intelligence, LLC will appear in either small type or by a small graphic at the bottom of the Customer's Web site. If a graphic is used, it will be designed to fit in with the overall site design.

15. Access Requirements. If the Customer's Web site is to be installed on a third-party server, Artful Intelligence, LLC must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server which may incur further charges by the Customers third-party server provider.

16. Post-Placement Alterations. Artful Intelligence, LLC cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names. Artful Intelligence, LLC may purchase domain names on behalf of the Customer. Payment and renewal of those domain names is then charged and paid by the Customer to Artful Intelligence, LLC. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Artful Intelligence, LLC.

18. Confidentiality. Artful Intelligence, LLC will not use other than for this Agreement, or disclose to any third party any knowledge or information obtained by or imparted to during or in connection with the fulfilment of this Agreement which is a confidential nature relating to the business strategies, products, services or processes related to the Customer. The obligation of this confidence will cease to apply regarding any information Artful Intelligence, LLC is required to disclose by law.

19. General. These Terms and Conditions supercede all previous representations, understandings or agreements. The Customer's payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions. Artful Intelligence, LLC reserves the right to change any of the Terms and Conditions at any time and without prior notice

20. Governing Law. This Agreement shall be governed by Nevada State Law.