Website & Graphic Design Services Terms & Conditions

The CLIENT named above (hereby known as “CLIENT”) has contracted with Cowgirl Media (hereby known as “COWGIRL MEDIA”), for the specific purposes detailed below.

1. Definitions:

2. Project Scope of Work: As defined in individual client contracts for website design and other services.

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.

2.1. Your new website will be designed for viewing on modern screens for desktops, laptops and mobile devices. We test for compatibility in the following desktop web browsers: Microsoft Edge, Mozilla Firefox and Google Chrome. We test for compatibility on the following mobile web browsers: Apple Safari, Mozilla Firefox, Duck Duck Go and Google Chrome.

2.2. Your website will be designed using Website Accessibility best practices, as much as is possible while maintaining design integrity and functionality required for the intended audience. COWGIRL MEDIA makes no guarantee of accessibility and recommends CLIENT work with an accessibility expert if necessary.

3. WEBSITE HOSTING

4. 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 and project is paid in full.

All changes must be in writing by email and any changes to this agreement will necessitate the creation of a written addendum specifying changes. All changes will be billed at the current hourly rate for the term of this contract (4 months).

5. Communication. During the initial website or graphic design project, we will communicate via email, as well as ClickUp, an online project management tool. ClickUp will be used for tracking tasks, uploading of files and images for website content, and keeping track of conversation threads within each task. After the initial project is complete, email is the preferred method of communication, for providing updates and forwarding new content updates and images. Weekly phone meetings are preferred to help keep the project momentum moving forward and tasks on track. COWGIRL MEDIA will not accept any content, at any time, that is submitted verbally, so that accuracy and reliability of content can be provided.

5.1. Failure to Communicate and Provide Feedback. CLIENT will do their best to respond to communications and provide feedback to COWGIRL MEDIA within 2-3 business days, so that the project can continue to move forward. Reminder emails to provide content or feedback are sent out when necessary, however if CLIENT is unresponsive and does not communicate for a period of two (2) weeks, the project may be paused until CLIENT is ready to proceed (not to exceed the contract term of 4 months).

5.2. Post-Project Work Requests. Upon completion of your project, all future requests for website updates or additional design work must be submitted via email only. Please include any images or text copy as attachments. Requests submitted through text messages or messaging apps will not be accepted, as email serves as the central and reliable location for tracking communications and ensuring all requested work is completed accurately.

6. Content Submission & Copy. With the exception of Home Page content, which is created by COWGIRL MEDIA (based off your responses to my Business & Design Survey), CLIENT will provide all copy for websites, advertisements or other projects in the final, print & web ready version. Content must be copy/paste ready so that it can be easily inserted into website or other collateral. 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.

7. Timelines & Due Dates. 

This is a typical timeline for a Ranch Hand Web Design Package. Your timeline may vary and will be detailed in your contract.

In order to keep CLIENT project on schedule, and to ensure there are no lapses in COWGIRL MEDIA’s schedule which can result in lost income, the following timelines and due dates are set:

COWGIRL MEDIA will not begin website construction UNTIL ALL CONTENT IS RECEIVED IN FULL.

WEEK 1. Onboarding & Business / Design Survey. Due 15 days from issuance.

This form provides valuable insight into your business and assists me in creating the included HOME page content. This form is sent to you automatically within 1-2 days and is requested no later than 15 days after the contract date.

WEEK 2 – 3. Kick-off Call + Content Creation Begins. 

This call is critical to getting your project started quickly and must take place no later than 3 weeks after the contract signing date. We will discuss your Business & Design Survey, create a content strategy, go over the project management platform and answer any questions you may have at that time. The Kick-off Call is the official start to the design phase of your project.

WEEKS 3 – 6. Client works on all inside page content. 

A full timeline will be available within the ClickUp project management platform. Tasks will be created and organized according to the planned page structure and strategy.

WEEK 7. WEBSITE CONSTRUCTION BEGINS. Once all of your content has been submitted, the website build process will begin. This process takes approximately 1 week (7 business days) to complete.

WEEK 8. Client Website Preview & Corrections/Revisions. Website launch + 30-day warranty period begins. You will receive a link to a video preview of your site, and subsequently the opportunity to view it live prior to launch. Corrections and revisions will be made during this period. Upon your signed Project Acceptance Form, your website will be launched and your 30-day warranty period will begin.

A. CLIENT will complete all required design/development forms no later than 15 (fifteen) days after the contract date, AND will provide all content and materials for the website project no later than 60 (sixty) days after the website project start date.This Project Start Date is most often the date of the Website Kick-off Call. A Customer Project Timeline for content delivery will be provided at the onset of the project, if necessary. FAILURE TO DO SO MAY RESULT IN WEEKLY FEES OF 10% UNTIL ALL YOUR CONTENT HAS BEEN SUBMITTED, UP TO 4 WEEKS AFTER THE 60-DAY PERIOD HAS ENDED, AND THEN YOUR PROJECT IS ARCHIVED. SHOULD YOU WISH TO UNARCHIVE THE PROJECT AND RESTART, THERE IS A 10% RE-BOOKING FEE, OR $250, WHICHEVER IS GREATER. ADDITIONALLY, ANY OTHER OUTSTANDING FEES MUST BE PAID IN FULL BEFORE THE PROJECT WILL BE UNARCHIVED.  

B. If, after the 4-month contract period, your website cannot be completed 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 for the remaining work and paid in full prior to COWGIRL MEDIA continuing any work on site. COWGIRL MEDIA WILL NOT RESUME WORKING ON THE SITE UNTIL ALL REMAINING CONTENT HAS BEEN PROVIDED IN FULL.

**Please note: Your project payments continue as normally scheduled, as per this contract, regardless of the status of your content or other delays on your part.

8. Changes beyond this Scope of Work, Website Maintenance and Updates. All changes must be in writing and any changes to this agreement will necessitate the creation of a written addendum specifying changes and any additional fees if the changes are outside of this Scope of Work (Paragraph 2). Hourly website maintenance and updates are billed at the hourly rate of $120 per hour, or the current hourly rate. Billing is in 15-minute increments, with a $75 minimum charge, so CLIENTs are encouraged to send as many updates as possible at one time. Hourly rates are subject to increase, due to increased costs and inflation, without notice.

9. Deliverables. WordPress websites are installed and built on a staging development site, then activated upon completion by updating the domain DNS to point to the server. Website deliverables are dependent on the Scope of Work in the attached proposal and will vary with every site.

Graphic design work, if part of this project, will be provided in PDF, JPG, or PNG format, depending on what is suitable for the individual project.

LOGO DELIVERABLES: As detailed in the proposal, if applicable.

10. 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.

10.1. AI Image Copyrights. If you are submitting any images, graphics, or illustrations created by an AI platform, be advised that you may be infringing on copyrights of other creators or artists. COWGIRL MEDIA is not liable for any copyright infringement issues or litigation that may arise from your use of these images. As you legally cannot copyright any images created by AI in the U.S., it is advised that you create original content of your own for commercial use.

11. Copyrights and Intellectual Property Protection.

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, artwork & images outside of the intended use. These copyrights do NOT extend to any stock images owned and 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 letterform graphic or 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. 

11.1 Artificial Intelligence (AI) Tools

All deliverables produced by COWGIRL MEDIA — including, but not limited to, on-boarding documents, design survey forms, mood boards, wireframes, custom website designs, custom design elements, website content created by COWGIRL MEDIA, manuals, tutorials, photography, graphics, branding materials, SEO strategy, or other project deliverables and/or any written materials — remain the intellectual property of COWGIRL MEDIA until full payment is received, and are subject to ongoing copyright protection thereafter.

CLIENT must not input ANY deliverable, in whole or in part, into any artificial intelligence tool, platform, or model. This includes but is not limited to AI image generators, language model tools, design platforms with AI features, or any tool whose terms of service permit the use of submitted content for model training.

This restriction exists because:

• Most AI platforms retain the right to use submitted content to train or improve their models, even when a “private” setting is selected
• Submitting COWGIRL MEDIA deliverables to these tools may constitute unauthorized reproduction or distribution of copyrighted material
• COWGIRL MEDIA cannot be responsible for the accuracy, quality, or legal standing of any AI-generated output that incorporates or is derived from our work

If you are uncertain whether a specific tool complies with this clause, please contact us before use.

Designer is not responsible for implementing or supporting AI-generated recommendations that conflict with industry best practices, accessibility requirements, search engine optimization, security standards, or the agreed project scope. Any revisions resulting from Client-directed AI recommendations WILL be subject to additional fees.

12. Website Owners Manual (WOM). The WOM is protected by federal Copyright law and is provided for CLIENT USE ONLY and is not to be shared with any other web designers, developers, marketers, Search Engine Optimization agencies, or other freelancers in this space. In the event CLIENT terminates their relationship with COWGIRL MEDIA, they agree to not provide this PDF document to their new designer or developer.

13. Premium WordPress Products & Stock Images. COWGIRL MEDIA uses many premium paid developer versions of several WordPress products, such as themes, page builders and some 3rd party plugins and utilities. These may include Adobe fonts, site optimizers and more. COWGIRL MEDIA does not charge additionally for the use of these premium products, and during the course of this contract term and the future relationship with COWGIRL MEDIA, 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, or switches to another designer/developer for additional website work and/or updates, Client forfeits the right to use these products under the Cowgirl Media license, and these products will be deactivated or disconnected from Client website. Client must then purchase their own license to said product to maintain that functionality. 

COWGIRL MEDIA is in no way responsible for failures in software, hardware, viruses, bugs, or 3rd party theme and/or plugin failure. If an incident occurs COWGIRL MEDIA may attempt to repair any damage at the current hourly rate, however no guarantees are made as to performance or security of any software, themes or plugins used.

COWGIRL MEDIA cannot provide any ongoing support for any additional premium plugins or add-ons required for website functionality needed by CLIENT. Support should be obtained by contacting the author of said plugin, as support would be included in your purchase/subscription price for that plugin.

COWGIRL MEDIA may, on occasion, 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 any future relationship with COWGIRL MEDIA, Client may forfeit the right to use these images unless Client purchases usage rights at time of termination.

14. Access to website hosting & FTP accounts, cPanel & dashboards. COWGIRL MEDIA will require full access to CLIENT’s existing hosting account, FTP account, & hosting cPanel or dashboard, if your site is being migrated from a different hosting provider. Failure to provide access may 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.

15. Invoicing & Payments.

Website Design: In consideration of COWGIRL MEDIA’s performance of these services, CLIENT agrees to pay COWGIRL MEDIA a down payment equal to 50% of estimated cost upon execution of this agreement. The remaining balance for website work will be billed as follows:

• One (1) month from contract date: 25% of project amount
• Two (2) months from contract date or prior to launch, client training and turning over of all account log in credentials, whichever occurs first: Final balance due (25% of original contract amount, plus change orders and any Out of Scope work).

Your deposit is required to save your spot in my schedule. If you wait to pay this, you risk losing your placement and delaying your project start date. If work has begun on your project, your deposit is non-refundable.

If the project is completed within the first 30 days of contract, payment must be made in full prior to launch, video tutorial creation or turning over of website log in credentials.

Your subsequent progress payments will automatically be charged to your credit card on file on the anniversary dates stated on your invoice (to follow the digital signing of this contract). All payments are digital; checks are not accepted.

Control of website (including log on information and passwords) will not be handed over until payment has been received in full. 

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 as projects are completed. Projects over $150 will require a pre-payment in full prior to going to print. Pricing for printed products is subject to change at any time, due to stock availability, printing costs, shipping costs, etc. 

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.

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.

15.1 Hourly Rate. The current hourly rate at contract signing is $120 per hour. The hourly rate is subject to change at any time, without notice.

16. Cancellations | Failure to Pay | Project Abandonment.

16.1 Cancellations. If CLIENT wishes to cancel this contract in its entirety, written notice must be given within 30 days of contract date, or PRIOR to the commencement of any time spent on project admin or design work by COWGIRL MEDIA, or CLIENT forfeits any deposit or progress payment made. Refund requests may be considered within 30 days of contract date, however any costs for on-boarding, project set up, admin costs, credit card processing fees and other associated costs will be deducted from any refunded amount. 

THERE WILL BE NO REFUNDS after 30 days of contract date, or if design work has proceeded to the extent that the deposit amount has been exceeded and the CLIENT will be responsible for any charges incurred for that additional work. 

If the website is near or at completion, THERE WILL BE NO REFUNDS.

16.2 Failure to Pay. Failure to pay will result in the website being removed from view after 15 days. After 30 days the website will be archived and removed from the server. A backup will be saved and kept for a period of 4 months. There will be an unarchive fee of $350 to restore the site and make live again, as well as any remaining balance in the original term must be paid in full. The site will then be turned over to client in full. In lieu of restoring the site to COWGIRL MEDIA servers, CLIENT may purchase the back up file for $500.

16.3 PROJECT ABANDONMENT. At any time, during the course of the 4-month contract term, if CLIENT becomes unresponsive to emails, phone calls or other types of communication for a period of two (2) months, and COWGIRL MEDIA cannot communicate with CLIENT during this time, the project may be considered abandoned. COWGIRL MEDIA reserves the right to remove the website from viewing availability (if applicable) and will not restore website until communication is reestablished, and any moneys owed are paid in full. 

17. Other CLIENTs. COWGIRL MEDIA retains the right to perform services for other clients, including those in the same industry and/or location as CLIENT. There is no exclusivity granted, or conflict of interest assumed.

18. 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.

19. 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. 

Website design work is performed using Website Accessibility best practices, as much as is possible while maintaining design integrity and functionality required for the intended audience. COWGIRL MEDIA makes no guarantee of accessibility and recommends CLIENT work with an accessibility expert if necessary.

19.1 Privacy & Compliance Disclaimer (CIPA):
Designer will implement consent banners, cookie management tools, and similar privacy-related features as part of the Website; however, Designer does not provide legal advice and does not guarantee compliance with the California Invasion of Privacy Act (CIPA) or any other privacy, data protection, or electronic communications laws. Client acknowledges that responsibility for legal compliance rests solely with Client and agrees to consult with qualified legal counsel regarding privacy policies, consent practices, and regulatory obligations. Designer shall not be liable for any claims, penalties, or damages arising from Client’s use of tracking technologies, analytics, pixels, or data collection practices.

COWGIRL MEDIA provides a 30-day warranty period effective immediately upon website launch. This warranty is to ensure that all installed aspects of the site are functioning as intended without error. The warranty period is NOT to be used for continual uploading and adding of subsequent content that was not provided during the collection of assets. Any additional content that CLIENT submits during this time will be charged additional, at the normal hourly rate, unless arrangements have been made previously.

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.

COWGIRL MEDIA cannot provide support beyond the 30-day post launch warranty for third party premium plugins. As these plugins are purchased from the company that provides them, support is included in the cost of your subscription with them.

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.

20. Length of Contract. This contract defines COWGIRL MEDIA pricing and terms for the project(s) stated above in Paragraph 2. This contract allows 4 (four) months from contract signing for completion of said project(s). Hourly rates are subject to increase, due to increased costs and inflation, without notice, after the 4 month contract term. All other terms and policies of this contract are subject to change without written notice. Should CLIENT wish to continue working with COWGIRL MEDIA after the completion of this initial project, all terms and conditions of this contract will carry through and apply. 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. 

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.