Contract Policies, Terms and Conditions

Purchase Terms & Conditions for Products & Programs

Cowgirl Media offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (Cowgirl Media), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. COWGIRL MEDIA reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.

Your continued use of this Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by COWGIRL MEDIA.

The term ‘Cowgirl Media’, ‘cowgirl-media.com’, ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

Shipping Policy

All products are printed as item is ordered. It takes about 2-7 business days to create apparel products (t-shirts etc.) and 2-5 business days for non-apparel (posters etc.) products. Then you should add shipping times on top of that. Speed and price depends on product type and destination.

97.66% of orders are shipped within 5 business days. More than a half of our orders are shipped within 3 business days or less.

Returns & Refunds

Any claims for misprinted/damaged/defective items must be submitted within 30 days after the product has been received. For packages lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date.

If you need to return your order PLEASE CONTACT ME prior to shipping the item back. As all items are printed to order, we do not refund orders for buyer’s remorse. Size exchanges are offered, however they are at your expense for shipping costs and any additional cost due to larger size, etc.

The use of this website is subject to the following terms of use:

Use the website at your own risk. This website is provided to you “as is,” without warranty of any kind either express or implied. Neither COWGIRL MEDIA nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free, nor is any warranty provided as to potential income or revenue as a result of using this Website. No agent or representative has the authority to create any warranty regarding the Web site on behalf of COWGIRL MEDIA. COWGIRL MEDIA reserves the right to change or discontinue at any time any aspect or feature of the Web site.

Copyright Notice:

User may not reproduce, sell, give away, or otherwise provide any access to the materials and programs offered on this site to any individual or entity that has not paid for such materials and programs that are offered for sale. All materials are protected under Federal Copyright Law and failure to abide by these copyright laws may bring legal action.


Website Hosting Terms & Conditions

COWGIRL MEDIA purchases Virtual Private Server Space from Flywheel to host the majority of client websites. Website hosting includes up to 5000 monthly visits, 5GB disk space, 250 GB bandwidth, 30 days worth of daily backups and an SSL certificate. Website hosting can also be purchased annually for a slightly reduced cost.

All hosting plans are purchased on a subscription only basis and a current payment method must be kept on file. CLIENT is responsible for ensuring that they have provided COWGIRL MEDIA with a current credit card for payment. CLIENT will be notified by email if payment for hosting cannot be completed.

If renewal payment lapses, CLIENT has a 30-day grace period in which to provide an updated payment method. Should the renewal payment not be successful, the website will be removed from public view at the end of this 30-day period. The cost to restore the website at this point will be $100, PLUS hosting fees, both current and the previous 30 day period, if applicable.

After 45 days non-payment, the site will be deleted along with all backups and no access will be available.

Prorated refunds on any hosting account product will only be provided if account is canceled within the first 30 days of service.

All other Terms & Conditions for website hosting as put forth by the Flywheel Terms of Service can be viewed here > https://getflywheel.com/legal/terms-service/.


The following are my written policies, contract terms & conditions that are issued to all prospective design and development clients with a written proposal for any work requested.

1. Definitions:

Design involves creating or modifying visual elements of a web site, or graphic element, creating custom web templates for page layout & color schemes.
Design changes, which vary from the originally approved site design plan, will be billed accordingly, but will not be completed without CLIENT authorization. Such changes include creating a new image or page, increasing graphic quantity, changing the basic concept or adding features after the site has been originally approved.
Maintenance is defined as any changes, regardless of content, initiated after the entire site design is approved and completed.
Revision is defined as any minor changes made to a design after a proof has been submitted, e.g., modifying a color, moving an element, modifying text, etc. Complete changes to layout and page elements is not considered a revision, but another design and will be billed accordingly.
Site completion is defined as the site development performed by COWGIRL MEDIA. Website is considered complete when COWGIRL MEDIA has completed the build-out and development as approved by the CLIENT, to the extent COWGIRL MEDIA can no longer continue without content from CLIENT (see Paragraph 5).
2. Project Scope of Work & Deliverables: Project Scope of Work and estimated costs are detailed in individual proposals issued to client when work is requested

Before your website goes live we will do a quality assurance review of each web page to ensure it meets scope specification. Additionally, we will provide a thirty (30) day warranty period from the day the website goes live to make sure the website meets your specifications. Note: it is highly recommended that Client refrain from making any revisions or changes to the site themselves during this period, as that may void the warranty provided by COWGIRL MEDIA.

WEBSITE HOSTING

We highly recommend, and strongly encourage our clients to use our Managed WordPress Hosting that will power a website for your current and future website requirements. Website speed and functionality can be inhibited if client uses a substandard hosting product.
This hosting product is powered by Flywheel, and includes:

  • 5GB disk space
  • 5,000 monthly visits
  • 250 GB Bandwidth
  • SSL Certificate (for site security and better organic search engine rankings)
  • Nightly backups

3. Completion Time. COWGIRL MEDIA agrees to finalize the performance of website services as stated above within 30 days of final content submission from CLIENT, assuming there are no other delays created by client. COWGIRL MEDIA will make every effort to stay within 10% of the written estimate; however, CLIENT understands and agrees that billings may reflect the additional 10%. In the event that additional time is needed in excess of 10% of the estimated charges, the CLIENT will be contacted for authorization prior to the additional work being performed.

All changes must be in writing and any changes to this agreement will necessitate the creation of a written addendum specifying changes. All changes will be billed at the normal rate of $95 per hour for the term of this contract (6 months).

Graphic Design projects will be completed as agreed upon on a per-project basis as needed by the CLIENT. Pricing for graphic design projects includes up to two (2) revisions of original chosen concept. Additional revisions will be billed at the normal hourly rate.

4. Communication. During the initial website or graphic design project,we will communicate primarily through Dubsado, an online Customer Relationship Management platform. This will allow for easily tracking conversation threads and help to keep the project on task and organized. Additionally, we will use ClickUp for further project management and tracking of tasks and uploading of files and images. After the initial project is complete, email is the preferred method of communication, for providing updates and forwarding new content updates and images. All emails will automatically be tracked in Dubsado, so those threads will always be available for reference. On occasion, phone calls are preferable if there is a large amount of content to discuss. COWGIRL MEDIA will not accept any content, at any time, that is submitted verbally, so that accuracy and reliability of content can be provided.

5. Content Submission & Copy. CLIENT will provide all copy for websites, advertisements or other projects in the final, print & web ready version. Copy must be copy/paste ready so that it can be easily inserted into website. Basic formatting will be provided to ensure a pleasing layout with accompanying photos, etc. COWGIRL MEDIA will use the spell check provided with the various software applications that are being used for CLIENT’s project, and light edits to spelling & grammar can be provided. If additional copywriting services are needed to correct grammar, punctuation, sentence structure and/or sentence flow, additional charges may be incurred to cover these costs. It is therefore highly recommended that the CLIENT double check all copy, or work with a professional copywriter to avoid these additional charges. Application spell check is not fool proof and may not find errors in correctly spelled words that are used improperly. COWGIRL MEDIA will not be responsible for poor conversion of site visitors. CLIENTs are encouraged to consult marketing & copywriting professionals to ensure that their materials will be effective in selling their product or service.

CLIENT will provide all content and materials for this project, and complete all required design/development forms no later than 30-45 days of the date of this agreement, depending on your individual project. A Customer Project Timeline for content delivery will be provided at the onset of the project, via ClickUp task deadlines. FAILURE TO DO SO WILL RESULT IN THE PROJECT REVERTING TO THE END OF THE QUEUE AND THE PROJECT WILL NOT MOVE FORWARD WITHOUT AN ADDITIONAL INSTALLMENT PAYMENT OF 30% OF THE TOTAL PROJECT PRICE. 

If the site is COMPLETE, as described in the definitions at the beginning of this contract, and CLIENT has still not delivered content to COWGIRL MEDIA, final payment is due within 30 days of completion date. CLIENT can then deliver the remaining content at their convenience during the remaining period of this contract (6 months from contract signing date), however PROJECT REOPENING FEES may apply.

If the project or services cannot be completed within 6 (six) months of the date of this agreement due to delays created by CLIENT, this contract becomes null and void, the pricing provided in this contract will no longer apply and CLIENT forfeits any moneys paid. A new contract must be entered into and paid in full prior to COWGIRL MEDIA continuing any work on site.  

6. Website Maintenance and Updates. Hourly website maintenance and updates are billed at the hourly rate of $95 per hour, or the current hourly rate. Billing is in 15-minute increments, with a half hour minimum charge, so CLIENTs are encouraged to send as many updates as possible at one time.

7. Deliverables. Graphic design work will be provided in PDF, JPG, or PNG format, depending on what is suitable for the individual project.

WordPress websites are installed and built on either a live hosting account, or temporary server and then moved upon completion.

8. Copyrights and Trademarks (CLIENT Submittals). The CLIENT represents to COWGIRL MEDIA and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to COWGIRL MEDIA for inclusion in project are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend COWGIRL MEDIA and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.

9. Copyrights.

Logo Design Work. Copyrights for logos designs are automatically transferred to the CLIENT upon full payment for service. COWGIRL MEDIA retains all rights to all preliminary artwork that is provided to CLIENT prior to final versions. Should CLIENT cancel this contract after preliminary designs have been submitted, CLIENT forfeits the use of any of these preliminary designs for any future projects.

WITH THE EXCEPTION OF LOGOS, YOU ARE PURCHASING A FINISHED PRODUCT ONLY in the appropriate file format required for this project. Original artwork source files for all other graphic design projects will remain the property of COWGIRL MEDIA. If CLIENT wishes to be provided with these original source files, additional charges will apply.

Website Design Work. Copyrights to web graphics and website layout created by COWGIRL MEDIA are automatically transferred to the CLIENT upon full payment of this contract, to use as needed for the intended display purposes in this website only. CLIENT does not have rights to use these graphics & images outside of the intended use. These copyrights do NOT extend to any stock images used by COWGIRL MEDIA in client projects. As these designs are created for use in a website, resolution for use in other media may not be satisfactory. The recreating and/or reformatting of said images and graphics for print media and other uses can be provided, however additional charges will apply and will be billed at the current billing rate at the time the service is requested. If a logo design was not a part of this contract, and CLIENT does not possess a logo that was used for this website, the use of any company name graphic in the form of text that was created by COWGIRL MEDIA, is NOT the property of the CLIENT, and the CLIENT does not have copyrights to that graphic. If the CLIENT wishes to transfer that use to a logo design for print and other media, normal logo rates will apply.

COWGIRL MEDIA reserves the right to use all created materials for website or graphic design in a portfolio. CLIENT agrees to allow an author statement and a link to COWGIRL MEDIA in a credit portion at the bottom of each page of the website.

10. Premium WordPress Products & Stock Images. COWGIRL MEDIA uses many paid developer versions of several WordPress products, such as themes and some 3rd party plugins. COWGIRL MEDIA does not charge additionally for the use of these standard premium products, and during the course of this contract term, Client has permission to use these products for their website at no additional charge. If Client terminates this contract and the relationship with COWGIRL MEDIA, Client may forfeit the right to use these products unless Client purchases their own license to said product at time of termination.

COWGIRL MEDIA may also use our own stock images for client sites, if clients are unable to provide their own images that meet the criteria for the desired application. Client has permission to use these images for their website at no additional charge. If Client terminates this contract and the relationship with COWGIRL MEDIA, Client may forfeit the right to use these images unless Client purchases said images at time of termination.

11. Access to website hosting & FTP accounts, cPanel & dashboards. COWGIRL MEDIA will require full access to CLIENT’s hosting account, FTP account, & hosting cPanel or dashboard, with the web hosting provider of their choice. Website pages & changes cannot be uploaded without such access. Failure to provide access will result in unnecessary delays in completing the project for the CLIENT.
CLIENT agrees that they will not access the site prior to its completion by COWGIRL MEDIA. This may result in additional charges to the CLIENT, stemming from changes they have made that require additional revisions by COWGIRL MEDIA that are not built into the contract price.

12. Invoicing & Payments. 

All payment options and methods depend on the project itself and are fully detailed in your specific proposal and contract. Financing can be provided; additional fees depend on the amount financed and length of payment terms.

If the project is completed within the first 30 days of contract, payment must be made in full prior to launch, client training and turning over of log in credentials.

CLIENT training will not be performed, and control of website (including log on information and passwords) will not be handed over until payment has been received in full. Client training must be completed within 30 days of final payment, or client may forfeit the included training, unless prior arrangements are made.

Subsequent maintenance, updates and revisions will be billed monthly upon completion. Occasionally, progress billings are necessary that may differ from this schedule. 

In cases of hourly work only, a minimum $250 deposit is required prior to any work being performed.

Graphic Design Projects: Upon execution of this agreement, a $250 deposit is required on all projects up to $500, or the total of the project estimate, if less than $250. A 50% deposit is due on projects greater than $500. The balance is due prior to forwarding full resolution images, source files, or providing printed copies. Subsequent projects, depending on size, may be billed upon completion on an individual basis.

Printed items: Invoicing for printed items will be billed monthly as projects are completed. Projects over $100 will require a pre-payment in full prior to going to print.

Email Marketing Plans & SEO Packages: Full payment is due prior to commencement of project, if performed separately from Website project.

Terms are Net 15. Delinquent bills will be assessed a $15 late charge if payment is not received within 15 days of the due date. If an amount remains delinquent 30 days after the due date, an additional 5% penalty will be added for each month of delinquency. If late payments are assessed more than twice, COWGIRL MEDIA will not perform subsequent work without the benefit of a retainer.

COWGIRL MEDIA reserves the right to remove web pages from viewing availability on the Internet or remove any premium theme and/or plugin until final payment is made. Should collection activities become necessary, the CLIENT agrees to pay all fees relating to said activity.

Rush rates for any service are available for an additional fee. Any project required in less than 24 hours will be billed at a 25% increase. Any project required in less than 12 hours will be billed at a 50% increase, if COWGIRL MEDIA’s schedule allows. For rush items required outside of a 24-hour period but cannot wait for COWGIRL MEDIA’s normal work schedule to accommodate it, client will be charged an additional 15% of total project price. A pre-payment for project may be required.

13. Cancellations. If CLIENT wishes to cancel this contract in its entirety, written notice must be given PRIOR to the commencement of any work by COWGIRL MEDIA. If work has already begun, CLIENT forfeits any deposit made, regardless of the amount of work that has been performed. THERE WILL BE NO REFUNDS. If work has proceeded to the extent that the deposit amount has been exceeded, the CLIENT will be responsible for any charges incurred for that additional work.

Should CLIENT violate of any portion of this contract, the remaining portions of the contract will remain in effect in their entirety, until such time as CLIENT provides written notice cancelling the contract.

14. Other CLIENTs. COWGIRL MEDIA retains the right to perform services for other CLIENTs.

15. Independent Contractor. The parties intend COWGIRL MEDIA to be an independent contractor in the performance of these services. COWGIRL MEDIA shall have the right to control and determine the method and means of performing the above services. CLIENT shall not have the right to control or determine such method or means.

16. Warranties, Disclaimer and Liability. COWGIRL MEDIA cannot guarantee that the functions of the website, printed materials, or other products and/or services will meet the CLIENT’s expectations of site traffic or resulting business. In no event shall COWGIRL MEDIA be liable to the CLIENT or any third party for any damages, including lost profits, lost savings or other damages arising out of the operation of, or inability to, operate these Web pages or Web sites, or the suggested ineffectiveness of other printed materials and services. COWGIRL MEDIA is not a promotion/search engine submission company and cannot guarantee specific placements or listings with search engines or directories.

COWGIRL MEDIA provides a 30-day warranty period effective immediately upon CLIENT receiving their log in credentials from COWGIRL MEDIA. This warranty is to ensure that all installed aspects of the site are functioning as intended without error. COWGIRL MEDIA recommends that client refrain from performing any updates to the site during this period. If this is not possible, CLIENT agrees that this may limit the warranty provided by COWGIRL MEDIA.

Post initial 30-day warranty period, in the event that CLIENT is performing their own website updates and maintenance, COWGIRL MEDIA cannot provide any warranty to repair, edit or correct any element of the site that becomes dysfunctional, as COWGIRL MEDIA does not have exclusive control of the website. Any work that is performed to repair or correct the website will be billed at the current hourly rate.

Rates for any services or products not selected under this contract, and future work performed by COWGIRL MEDIA are subject to change at any time without notice.
        
We will make every effort to locate and correct all errors prior to your review; however, CLIENT is responsible for final proof. Our responsibility is limited to providing you with original page(s) only and does not extend to duplicating changes. Errors or omissions found thereafter are CLIENT’s responsibility.

All typeset and print work requires a digital approval. Should an error in typesetting be found after print is run, CLIENT will be responsible for reprint charges.

COWGIRL MEDIA uses premium WordPress themes for site construction and owns developer licenses to these themes. During such time as COWGIRL MEDIA is performing work for the CLIENT, CLIENT has use of this theme for their website, and theme support can be accessed by COWGIRL MEDIA for theme updates, troubleshooting, etc. In the event that CLIENT terminates the working relationship with COWGIRL MEDIA, CLIENT may forfeit the right to use the theme for their site, unless they purchase their own theme license from the theme author at the current retail price.

17. Length of Contract. This contract defines COWGIRL MEDIA pricing for project(s) selected above in Paragraph 2. Hourly rates are subject to increase due to increased costs and inflation, however 30 days written notice will be provided. All other terms and policies of this contract are subject to change without written notice. This contract, and all terms therein, becomes null and void if client has not used COWGIRL MEDIA for subsequent work for the period of one (1) year.  A current copy of Contract Terms & Conditions is always available for viewing at Cowgirl-Media.com.

***NOTE: Site maintenance and updates to WordPress, 3rd party plugins & theme are critical to the security of your website. Sites that are not maintained and updated regularly are more vulnerable to malicious hackers. To make things easier for my clients, I offer a monthly maintenance plans to keep things up to date and reduce the risk of your site being hacked. Monthly maintenance plans start at $69/month, there are four plans to choose from. Please click here to find a plan that is suitable for you > Website Maintenance Plans

While no one can guarantee that your site will never be hacked, if you are not able to monitor and maintain it on a monthly basis, this service is very highly recommended for the security of your site.

During the contract process with COWGIRL MEDIA, you will have the opportunity to OPT IN or OPT OUT, of a maintenance agreement to monitor your site to help thwart hacking attempts.

Revised 2/11/19