The following covers the Terms Of Services for Nichol Designs:

By using the services of Nichol Designs you ("the client") agree to the terms and conditions of use ("Terms Of Services") outline below. If you don't agree with the Terms Of Services that Nichol Designs has set forth, you may not use the services of Nichol Designs. Nichol Designs reserves the right to change the Terms Of Services at any time.

1.a) After the initial consultation Nichol Designs will begin the conceptualizing, designs and creation of the project upon receipt of a retainer.

For project over 40 hours the initial retainer is 25% followed by a second payment of 25% when the project has reached half way to completion and a third and final payment of the remaining 50% when the project is completed.

For projects under 40 hours but over 4 hours. The initial retainer is 30% and 70% upon completion of the project.

For projects under 4 hours, payment is required upon completion of project.

For ongoing maintenance work and search engine optimizing you "the client" are required to make a timely monthly payment.

1.b) You "the client" can add more material to the project at anytime. Any additions over 4 hours work are subject to an "add on fee" this fee is another retainer equaling no less that 30% of the total billing amount for the new material to be added to the site.

1.c) Updates that are under 4 hours will be added to the final bill using the current or agreed hourly rate.

1.d) Any revision that go beyond the agreed amount are subject to an hourly fee.

2.a) Upon completion of the project you "the client" agrees to pay the remaining balance of the project within 14 days. Upon receipt of the balance, Nichol Designs agrees to transfer all electronic files that are related to the project.

In the case for graphics and web design projects the transfer includes the uploading and the agreed upon revisions of the project. Also at this time Nichol Designs will transfer ownership of copyright to the client of any artwork (logos) that were created for the project. Nichol Designs retains the rights to utilize any artwork, designs, revisions and work produced from the project in advertising, promotion and other display.

2.b) Upon completion of the project you "the client" agrees to pay the remaining balance of the project within 14 days. Upon receipt of the balance, Nichol Designs agrees to transfer all electronic files that are related to the project.

In the case for photo, slide and home movie backup projects this includes all material you "the client" had provided for the project. Nichol Designs agrees to never publish, share, or sell copies of any materials provided for the projects. Upon completion of the project Nichol Designs will erased all digital material related to the projects.

3. Nichol Designs holds the exclusive rights to any original components, applications or codes that were created or developed by Nichol Designs for the project. Any original components, applications or codes are considered the intellectual property of Nichol Designs and the owner; designer and developer of Nichol Designs, myself "Jeremy Nichol". Nichol Designs grants you "the client" use of the components, applications or codes for your project. Nichol Designs does not permit you "the client" to sell, copy or modify any of Nichol Designs components, applications or codes that were created or developed by Nichol Designs and its employees.

4.a) You "the client" will not hold Nichol Designs or any of its employees liable for any damages if you "the client" is found to be infringing on any copyright or trademark relating to the project name, service or description. You "the client" agrees to do the necessary research to insure that any material you "the client" include in the project is not already protected by a preexisting copyright or trademark.

Jeremy Nichol and Nichol Designs and its employees will not be held responsible for any loss due to interruption or errors of the web hosting service or website. Jeremy Nichol and Nichol Designs and its employees will not be held responsible for any loss due to the operation or content of the website. Jeremy Nichol and Nichol Designs and its employees will not be held responsible for any loss due to the website malfunctioning or errors. Jeremy Nichol and Nichol Designs offers no guarantee that the Search Engine Optimization / Website Promotion services will provide you first page results on search engines and will not be held responsible for any loss due to the use or functioning / performance of the services.

4.b) You "the client" will not hold Nichol Designs or any of its employees liable for any damage that may occur from backing up photo, slides and home videos.

5. Once the project has been initiated you "the client" is responsible for payment of all time charges that occur in the preparation and production of the project. You "the client" can cancel the project at anytime. In such a case the project becomes subject to a "cancellation fee" of no less than 50% of the total amount in the contract or the amount from the hourly rate, whichever is greater.

6. If the project is canceled by Nichol Designs or you "the client"; all the artwork, designs, applications, code, and conceptual drawings remain the intellectual property and copyright material of Nichol Designs. Any use of the material by you "the client" is strictly prohibited.

If you any questions or concerns please contact Nichol Designs.