By placing an order with DreamCo Design LLC,
You, the client, agree to the following terms & conditions:
"Orders" are defined as any agreement entered into with DreamCo Design in which money is exchanged for products or services being rendered by DreamCo Design LLC. In the case of web design or app development projects, a document referred to as a "contract" is provided to you and once finalized, is signed off on by you, the customer. The terms and conditions linked to in each contract are as follows:
1.0 Work for Hire | Intellectual Property Rights
All projects produced by DreamCo Design are “work for hire” engagements in which you, the customer, pay for the creation of a logo, website, or app whereas DreamCo Design is the contractor responsible for its creation. Unless otherwise stated in a contract which references equity or terms otherwise, you, the customer, are the intellectual property owner of the services rendered upon final payment(s) and signed release of the project which notes its completion. Any copyrights, trademarks, licensing, patents, or other legal ownership associations are the responsibility of you, the customer, to obtain independently.
Website and app projects produced by DreamCo Design are often completed using open-source technology and existing code libraries, thus resulting in programmatic similarities and overlap from project to project. DreamCo Design can elect to reutilize any and all code it produces or sources from third parties at its discretion.
2.0 Workmanship Guarantees
DreamCo Design is responsible for the production of websites and mobile applications as they are defined in the contract. We guarantee that the websites and apps we design and develop will look and work as they are articulated in the contract at the time the final product is delivered and approved for release. Within reason, DreamCo Design may elect to slightly alter design, pages, programming, and feature specifics should such a situation cause issues to arise in which alternative choices can produce, in our opinion, a more superior product. Larger scope of work changes always involve our team working with you, the customer, to ensure a mutual understanding on any such changes from an original deliverable.
While DreamCo Design does carry out rigorous internal quality assurance measures during a project’s beta-testing phase, we are not obligated to guarantee a bug-free product that works indefinitely. Changes in browsers, languages, devices, operating systems, and security, often lead to code deprecation over time. Therefore, upon signed release, unless otherwise stated, all project deliverables are considered final.
3.0 Turnaround Times
DreamCo Design estimates website, mobile apps, and print project turnaround times in contracts that are issued. Under no circumstance unless otherwise stated in a contract shall a turnaround time be considered a contractual guarantee.
DreamCo Design does not offer turnaround time guarantees, rather it provides estimates in good faith that are based around the scope of work and what we anticipate as likely being needed in terms of time. In the event a project is running considerably outside of any such estimate, DreamCo Design provides its customers with updates as a measure of good customer service. Numerous phone calls and emails transpire throughout the course of any such project, often involving status updates as it relates to the turnaround time on a project.In the event of considerable delay on the collection of content or material(s) that may impact a project’s delivery schedule, DreamCo Design may opt to implement “latin filler text” or “placeholder images” as we determine.
3.1 Website Turnaround Times
All turnaround times stated in contracts for website projects are what we estimate as being needed for the delivery of the development link. The development link is the full project, as defined in the contract, completed after our testing, prior to your review and approval to go live. Revisions and/or decisions made by you, the customer, may impact the actual go-live date. Furthermore, DreamCo Design cannot control all aspects of a timeline. Content collection, approvals on various milestones, and other client and company engagement situations require collaboration, making the timeline on a project something not fully controlled by DreamCo Design.
3.2 Mobile App Turnaround Times
All turnaround times stated in contracts for mobile app projects are what we estimate as being needed for the delivery of a testing-ready product. For iOS, this may involve a “private Test Flight” as defined by Apple. For Android, this may be for a “beta release of an APK file”. In both cases, this involves the non-public release of an application in a format that can be viewed and tested by private parties.
Revisions and/or decisions made by you, the customer, may impact the actual go-live date. Furthermore, DreamCo Design cannot control all aspects of a timeline. Content collection, approvals on various milestones, and other client and company engagement situations require collaboration, making the timeline on a project something not fully controlled by DreamCo Design.Lastly, all apps are subject to the review and approval of each respective app store. We do not control the review and approval timelines by Apple or Google. We’ve experienced turnarounds on review as short as 1-2 days or as long as 3-4 weeks.
3.3 Print Turnaround Times
Most print pieces are designed within 3-4 business days, pending your approval. Time for printing varies, with options to rush printing jobs in some cases, and rush shipping via UPS, USPS, or FedEx. All print turnaround times are estimates.
4.0 Sale Terms
Upon signed execution of the contract, all sales are final. Regardless of the project size, phases, milestone payments, staging, finance options, idea changes, or the success of any such project, the full balance is considered owed upon signing.
The payment method to be utilized is typically cited in each contract, noting if payments are to be made via credit card, check, or wire transfer. As a measure of good customer service, DreamCo Design provides advance notice prior to the due-date for certain milestone payments to serve as a reminder.
4.1 Inactive Projects
At times, DreamCo Design clients become unresponsive or fail to provide us with the required interaction needed to complete a project. This typically involves items such as:
DreamCo Design's inactive-project-policy is as follows:
Our team will attempt to contact you both over the phone and in writing multiple times for courtesy reminders as to what our requirement may be. Should we fail to communicate with you or be unable to obtain the required material as listed above within a 60 day timeframe starting from the date of request, we withhold the right to mark a project as inactive.
Inactive projects are subject to a one-time $300.00 fee to become active again. This penalty is in place due to our strategic planning and development cycle process which is broken should the project undergo negligence on your behalf. Upon payment, the project will be activated and resumed where it had left off.
DreamCo Design cares about each and every client and attempts to professionally resolve any matter. Communication is key to avoiding inactivity. Furthermore, it should be specifically stated that any balance owed at the time a project becomes inactive is still considered due and payable, regardless of which phase the project may be in.
4.2 Maintenance Required Websites
DreamCo Design offers some services that are bundled as a software-as-a-service alongside other components necessary to keep a project up and running. Specifically, projects labeled under "PageLynx" or informational style websites that have a flat monthly fee (typically $198) as opposed to our traditional payment terms noted below, require maintenance agreements as specified in each contract. These agreements require a minimum of a 1 year term. These maintenance programs start immediately, binding the purchaser to a 1-year contract (12 payments, or other - as per the contract specification) and then become month-to-month as an ongoing maintenance fee for the design, hosting, and marketing services indicated. Service on these contracts is required to retain an active website. Cancellation is allowed after (12) completed payments if the website is no longer needed. Should a subscribing client opt to want to cancel the service or request FTP access, database access, or full unrestricted website admin panel access, a $1,000 buyout clause will apply. Upon successful payment, such access will be released if needed. Upon (4) calendar years from the date of contract signature, websites falling under these terms are available for a 100% re-design and re-development in which a new contract can be executed to refresh the website accordingly. Each project is subject to their own specific terms found in the contract.
4.3 Dating Package Projects
DreamCo Design offers dating packages (involving web development, app development, or both) that utilize some of our pre-existing code infrastructure. Clients electing to purchase pre-packaged code are often able to save tens of thousands of dollars in initial development costs, and thus, develop a minimum viable product as specified in each contract for what amounts to pennies on the dollar versus full custom development. Maintenance and ongoing monthly payment requirements for dating projects, like any project, have specifications for the price and term in each contract. Should no term be explicitly stated, all dating package projects require a 1-year contract (12 payments, or other - as per the contract specification) and then become month-to-month. DreamCo Design's dating package options (iOS, Android, and web) are not open-source coding frameworks available to the public. Under no exception shall source code be issued to the purchasing client without a 1-time buyout of $100,000.00 USD for any such website or app. Therefore, work by third-party individuals or companies, sharing access via Git, FTP, or any other method, is not possible. This is contrary to all other project types as per our terms and conditions as a whole.
In the event the dating company opts to part ways with DreamCo Design, they may elect to do so independently without any use of code (thus abandoning the product they have built provided the 1 year term has been finished), or they can pay the specified $100,000.00 USD buyout as noted. This buyout is inclusive, meaning, regardless if the end-client purchased just an iOS app, an Android app, a website, or all of the above, the buyout total remains fixed, regardless of additions or duration of ownership of the product. All branding associated within the dating project (logos, content, etc...) remain subject to trademark and copyright laws, and are owned by the purchasing client. The member database (profiles associated with the dating project who have registered) is also data owned by the purchasing client, not DreamCo Design, since the independent business who purchased the product is the rightful owner of the business. The software that is being utilized to power the business is simply leased rather than owned without the buyout as stated. In some cases, as specified in each contract, popular websites and apps with larger databases are subject to increases in their hosting/maintenance fees.
4.4 Finance Options
Finance options are available through DreamCo Design during certain time periods however no guarantee is issued as to when financing may or may not be available. DreamCo Design's finance packages involve a no-credit-check process in which the client is fully obligated to pay a full balance, plus a convenience interest on the amount stated. The current finance plans offered by DreamCo Design are as follows, though subject to change at any time:
Regardless of the turnaround time of the delivered services or the financial or goal status set forth by the financing party, the full amount is owed. Interest is spread out across the duration of all payments. In the event an early payoff is desired, all remaining interest (all scheduled payments) are still due. Furthermore, it should be noted that any website under a finance policy is NOT owned by the party financing the website until 100% payment has been collected.
4.5 Quotations Prior to Purchase
Prices posted on dreamcodesign.com or as cited in a quote or contract are considered written estimates good for 30 days. Pricing is then subject to change without notice.
4.6 Billing on Statements
Your credit card bill will read "Dreamcodesign.com" or "Web Design" or "DreamCo Des" or other terms which reference our company. Billing will be executed VIA the payment method initially provided on file unless specifically suggested otherwise in writing. Payment is due at development link in most circumstances but will always be paid VIA the statement issued in the signed contract. Some invoices may read "PageLynx" as a service. This is a DBA (doing business as) brand by DreamCo Design for alternatively structured maintenance agreements. The merchant account association is still linked to DreamCo Design LLC.
4.7 Declines and Missed Milestone Payments
In the event a website or mobile application is already live and a "hosting" or "maintenance" payment declines, an email will be sent to the primary contact on file. Our team will also place a follow up phone call to alert you of any such decline. Two consecutive declines for "hosting" or "maintenance" may result in the removal of your website or app from its hosting environment. Fees may apply to re-establish any such service. These situations are handled on a case-by-case basis. Domain names that decline are subject to not be renewed. Domains are billed at least 14 days prior to their actual expiration, thus granting a small window of time to reconcile any missed bill.
Milestone payments that decline (if via credit card) or are not made (if by check or wire) may result in work stoppage until paid as determined by our team. Continued declines or failure to pay the due payments may result in you defaulting on your signed contract, at which time DreamCo Design may opt to report no-payment to credit reporting agencies, debt collectors, business review boards who maintain databases of bad business practitioners, or litigation as noted in section 13 of these terms.
All websites and most mobile applications require hosting. While the vast majority of clients do host with DreamCo Design, the company does not require clients to purchase hosting through DreamCo Design unless the contract specifies that a maintenance or hosting package be required, the project is being financed, or the project still has a balance due. Our team holds the right to retain all files on our hosting platform until full payment has been made should the client elect to host the website and/or app independently. If an independent host is selected, the client agrees to provide DreamCo Design with all required access that is needed to fully test, upload, and manage the website itself. This usually involves both database access and FTP access. Costs may be applicable for some situations in which DreamCo Design needs to upload a website or mobile app to a third-party host.
Clients working with DreamCo Design that have elected our hosting service understand that hosting begins immediately upon purchase. Hosting is required to establish items such as placeholder pages, email accounts, and development related files. Hosting agreements are outlined as part of the signed contract document and are month-to-month arrangements, unless otherwise specified in the contract.
5.1. Hosting Cancellations
If for any reason a client decides to cancel any one of our month-to-month, no contract hosting packages, full ownership of the website and all of its files are turned over to the original client should the website be paid in full per the signed contract. The website can only be issued to the original client or authorized signing party (associated with billing) and not another web or app development company without the express written consent by the authorized owner. All final amounts owed to DreamCo Design for hosting will be paid the day the request to cancel has been placed and the website will be downloaded, backed up, and then forwarded to the client VIA email, direct download link, or (thumb drive), depending on the size of the website or app.
DreamCo Design is not responsible for any down time or loss of business due to the transfer of the website and/or app to another party, nor is DreamCo Design responsible for hosting stability and business warranty due to hosting stability. Clients enter into a separate agreement with DreamCo Design LLC for hosting and no guarantees on hosting are provided. Transferring and setup on 3rd party hosts is not our responsibility and is subject to additional charges.
6.0 Project Revisions
Revisions are defined as minor contextual and minor visual updates that do not involve the resizing or restructuring of the layout found on the website or mobile app. Examples include replacing filler content and changing out pictures. In order to eliminate revisions during the development cycle, DreamCo Design typically produces “mockups” which require your review and approval prior to continuation. Mockups may undergo revisions as necessary until approved. The approved mockups are then used during development, thus eliminating the possibility for revisions during the development cycle. In the event revisions are still desired and fall outside of the scope as noted above, DreamCo Design can issue a quote to complete any such work.
Project additions are defined as anything not outlined in the original contract. New pages, screens, tools, functions, and anything not defined in the project’s agreed upon scope of work are considered additions which require payment for completion.
7.0 Price Match Policy
The price match policy for DreamCo Design, as stated in some contracts, is a willingness to review any quote issued by another United States based company that employs at least 3 or more individuals. When reviewing the quote, we must determine that the exact same pages, functionality, and design direction are noted so that a legitimate 1:1 comparison is being reviewed. Should we believe the quote is valid, we may opt to match the lower quote plus take an additional 10% off the difference between the two prices. This price match policy must be executed prior to purchase.8.0 Meta Data and Included Search Engine Optimization
Any website that is built by and hosted by DreamCo Design qualifies for free basic search engine optimization. This includes: title tags, description tags, meta-keywords, manual submission to the major search engines as determined by us, and sitemap generation. At times, DreamCo Design may opt to also do ALT tags for websites. No additional SEO service is offered with the FREE SEO provided as a benefit to clients. Therefore, these items should not be confused with our additional marketing options. Mobile applications will also have their initial meta-data, keywords, naming, and icon set generated when being submitted to the iOS App Store or Android Store.
9.0 Order Refusal & Copyrights
DreamCo Design reserves the right to use its sole discretion to refuse to produce any website, app, or print piece we believe may be illegal, a violation of intellectual property rights, or otherwise. DreamCo Design is not liable for any damages resulting from violation of copyright, trademark, or patent laws, as you, the customer, are the owner of any work that is produced. Any information sent to us such as text, images, videos, and other forms of content is considered, without review, to be rightfully owned or reusable by you, the customer. In cases graphics or images are produced by our company, we will license stock photos or utilize photos found via search engines without any explicit marking as being copywritten, however, their utilization is still ultimately the responsibility of the party that owns the property which is you, the customer.
DreamCo Design's liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. DreamCo Design warrants that every product manufactured by it meets industry standard for such product and is free of any material defect in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. DreamCo Design makes no other warranty and no actions or words of DreamCo Design or its officers, employees or agents shall constitute a warranty. We do however guarantee that all web and app development work that we complete will operate as outlined in the signed contract (or as revised during revisions) as long as the project is hosted on our servers and no FTP information is owned by the client which allows product manipulation.Should the client request FTP access of their website and/or app, a release form is first signed off on by the client and access is given. All modifications, changes, stability, and features are then the responsibility of the client.
Furthermore, DreamCo Design LLC cannot and will not be held responsible or take on any liability for any website and/or app construction that does not meet local or state laws or that falls under a malicious attack such as a computer hack. All data, web programming, features, functionality, design, and construction becomes owned by the client at the time of sign off. Our company is not responsible for any stolen information gained by a hacker on a website we have built and delivered to a client. DreamCo Design is also not responsible for any down time or loss of business due to the development time needed to produce the agreed upon product.
In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a "Claim") is made or commenced against DreamCo Design based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the web (and/or) app development, marketing, hosting, or printing performed or product produced by DreamCo Design ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold DreamCo Design harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending DreamCo Design against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing DreamCo Design for any legal fees and expenses it reasonably incurs in responding.
12.0 Electronic Manuscripts/Images
It is the client's responsibility to maintain a copy of the original computer files, artwork and transparencies. DreamCo Design is not responsible for accidental loss or damage to media supplied by the client or for errors on supplied artwork furnished by the client. Until DreamCo Design can evaluate digital input, no claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize client-supplied files will be charged at our current rates. DreamCo Design does not archive your work for longer than it takes to produce the final product. Please save your work!
13.0 Disputes & Venue
For legal purposes, the venue for any dispute including all law suits, mediation, and legal exchanges, shall be Kane County, Illinois, USA. DreamCo Design LLC is a Florida limited liability company with principal offices located in West Dundee, Illinois in the United States.
In the event that legal action is taken DreamCo Design holds the right to "cease all work" on a project until resolve has been met; this circumstance is only valid if a project is still in any phase of development. In the event that legal action is taken after development has been completed, DreamCo Design holds the right to suspend a website (and/or) app project from our hosting servers if the item in dispute involves the website and/or app, hosting, or marketing services directly related to the website and/or app. DreamCo Design also holds the right to pause development of any project which enters ARBITRATION or charge-back status through any credit card merchant.
14.0 Right to Subcontract
DreamCo Design is proud to employ talented, intelligent, and hard working Americans. While all work is completed "in-house" at the above-stated address, DreamCo Design shall have the right to assign any portion of the work required to another contractor.
15.0 Privacy Statement
Any information DreamCo Design collects from order processing or from any inquiries is not shared with any other company outside of DreamCo Design or our sister companies / synergies which may benefit you, the customer, with other service opportunities. Your information is only used for contact, billing, and shipping purposes. Your credit card information is only stored internally by DreamCo Design within our internal CRM system and on secure paper documents. Should a request be presented for information to not be issued to any sister company of DreamCo Design, in writing, the request will be granted.
DreamCo Design might use your product for samples or advertising purposes. Even in cases in which a website is "white labeled", the agreement to these terms and conditions allow us to showcase your product as part of our work. DreamCo Design holds the right for portfolio demonstration of any product we develop without consent from any client or party.
DreamCo Design may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless stated otherwise. This policy was last revised on May 4th 2020.