June Lily, LLC is an Arizona limited liability company doing business as June Lily. For convenience, the client is referred to as “you” and “your” in these Terms and Conditions, and June Lily, LLC as “we,” “us,” and “our.”

Privacy Policy

We are committed to protecting your privacy. We won’t ask you for personal information unless we truly need it. We won’t share or disclose your personal information with anyone except to comply with the law. You may also choose to opt out of any email correspondence that you may receive from us at anytime.

Copyright Notice

All content and images that we create and that are displayed on this site belong to June Lily and are protected by U.S. Copyright law. Any reproduction or unauthorized use without our written consent is prohibited. None of the graphics, designs, layouts, formats or template codes may be altered, changed, shared or resold for any reason. You are only allowed to use the completed design on one website. Use on multiple websites is not permitted (without our written consent).

Authorization and Access

By scheduling your custom blog, website or ecommerce project with us and submitting a deposit, you authorize us to access your website account and hosting service with full access to files and other programs needed to fully complete the project.  The online security of our clients is extremely important to us here at June Lily, so we strongly recommend our clients change their passwords prior to beginning a project with June Lily and then again after the project is complete.

Quotes and Project Scheduling

We will honor price quotes for up to two weeks, after that time the price is subject to change. You will receive an estimated project start date at the time of scheduling and this start date will be included in your contract.

Project Rescheduling or Cancellation

We have the right to extend a project’s start date or cancel a project for any reason at any time. If we cancel your project before the planned start date or before any substantial work has been completed due to our inability to work on your project, and a deposit has already been paid to us, we will refund your deposit.

If you are non-responsive for longer than a week after we have made reasonable efforts to contact you anytime before, during or after the estimated project start date, we reserve the right to cancel the project and any paid fees will not be refunded.

In order to keep all projects on track in our schedule, you must have the design questionnaire complete and be prepared to work with us when your project starts to avoid cancellation. If we are not able to start your project design drafts within one week of the project start date due to your error, we reserve the right to reschedule or cancel the project and any paid fees will not be refunded to you.

Additionally, if we are not able to finish the project design within two weeks of the project completion date due to your error, the project may be subject to rescheduling, cancellation or additional fees for overtime.

Hosting and Domains

We do not provide or purchase domains or hosting for your project. It is your responsibility to purchase and set up a domain and reliable hosting for your website or blog project by the time your project is scheduled to start. If you do not have a domain or reliable hosting set up at the time we are ready to install your website or design, your project may be subject to rescheduling, cancellation or additional fees for overtime.

Project Completion

A website project may vary in the time it takes to complete. We will always discuss with you the estimated completion date and will send you an outlined plan of the project milestones from start to finish. We have the right to extend the project completion date if necessary due to your request, our request or project complexity.

Payments and Fees

Payment for all design projects and services is currently offered through Paypal. We currently do not accept checks (personal or business) for payment.

For custom blog, website and ecommerce projects, the price is separated into three payments. A non-refundable scheduling deposit of 25% of the total price is required at the time your design project is scheduled. At the estimated project start date, we require another 25% of the total amount, totaling 50% of the full amount before we begin work on your design project. The remaining 50% of the project fee balance is due in full just before installation and delivery of the finished website project.

For logo designs, branding and print projects, the price is separated into two payments. A non-refundable scheduling deposit of 50% of the total price is required at the time your design project is scheduled. The remaining 50% of the project fee balance is due in full just before delivery of the finished project.

Our fees for technical service or support requests may be required in advance.

Late Fees

We may, at our discretion, charge a late fee of 1.5% per month (18% per annum) on past due balances. In the event that we take any action to collect any sums you have agreed to pay, you agree that we may include all our costs, expenses and attorneys’ fees as part of any judgment we may obtain against you. You acknowledge that it is our policy to report any unpaid sums to credit reporting agencies after 90 days.

Change Orders

The quoted project fee is subject to change and additional fees may apply in the final payment if you require additional services after the initial quote. If you request services outside the scope of work outlined in the project contract agreement, you may be required to sign or acknowledge a separate change order defining the enlarged scope of work and corresponding additional fee.

Refunds

Except as provided in these Terms and Conditions or otherwise in writing by us, we retain the right to grant or refuse your request for a refund or partial refund subject to our sole and absolute discretion. We do not offer refunds based on your change of plans or change of preferences. If you are unhappy with any part of the project or our services, you are still responsible for the project fees listed in your contract. All paid fees are non-refundable and we do not offer refunds for any reason at anytime.

Credit Links

You agree to have a credit link to June Lily placed on the footer of your website. You agree not to remove or hide this link. Alternatively, you may elect to have the credit link removed for an additional 25% fee of the total project price.

Compatibility Guarantee

We guarantee that each design project completed will be tested for compatibility in the latest browser versions of Internet Explorer, Mozilla Firefox, Safari and Chrome. Additionally, we will browser check each online website project in older browsers, but do not offer support for Internet Explorer 6. We are not responsible for browser design errors that may occur after the design is uploaded to the website. It is your responsibility to maintain your website after the design is uploaded.

Blog and Website Transfers

We are not responsible for website or blog problems that may arise from a blog or website transfer. We guarantee that the website design will work and function properly, but we cannot guarantee that everything will transfer over perfectly. We are not responsible for missing, lost, or non-transferring comments; search engine page rank changes; url permalink changes; missing, non-updating, or non-validating blog feed; missing or non-transferring posts, pages, content or images that may occur due to a transfer. You assume all risk when deciding to transfer your blog or website content and design and you take full responsibility for any problems or ongoing website complications that may occur from the transfer.

Technical Support

We guarantee the design project will be free from visible errors that may affect the layout, design, or function of your website.

Technical support is free for only 30 days after project completion. Free technical support is only valid for errors in the design that were caused by us. We agree to correct our own design errors within 30 days after the design has been uploaded to your website. Free support is not applicable for errors caused by you, whether accidentally or intentionally. Free support applies only to errors and does not include work for additional designs, design changes, coding development changes or website maintenance.

If you contract with us to provide continued support for a website after the design has been uploaded, any major or minor design errors that need to be fixed after 30 days from the time the design has been uploaded to your website will require an additional service fee and may be subject to delays based upon our availability. Technical support for projects are billed at our hourly rate with a half hour minimum charge for any work request.

We do not provide support for issues related to software and plugins. We cannot guarantee a fix if the error is caused by third party software.

Limitation of Liability

In no event will we be liable for any incidental or consequential damages, including, without limitation, loss of use, loss of data, loss of profit, liability to third parties, however caused, whether by our negligence or other-wise. In no event will we be liable to you or any third party for any damages or economic loss, due to technical or security problems that may occur with your host, server or website. Additionally, we are not liable for any technical or security problems that may occur on your host, server or website, as we cannot control how you choose to manage your own accounts and security.

It is your responsibility to manage your own accounts and security for your host, server and website. It is also your responsibility to manage your own email accounts, ftp files, database, plugins, memory and CPU usage. In addition, it is your responsibility to save and store a backup of all images, content and designs. It is not our responsibility to fix issues that you may have with your website or hosting account and it is not our responsibility to save the existing design or image elements for you. Additionally, we are not responsible for any lost website content that may occur anytime before, during or after the design is uploaded to your website.

Portfolio

You expressly grant to us your permission to display all finished blog designs, website designs, ecommerce designs, images, illustrations, design elements, logos and graphics in our blog and online portfolio as an example of our previous work.

Software Updates

Any software updates that you perform on your own, you will do at your own risk. We are not responsible for any errors or problems that may occur by a software update that you have implemented on your own website or blog.

Additional Information

You are choosing our design services based on the style and quality of design represented in our online portfolio. Before submitting a deposit, you must feel confident in our work and you agree to be reasonable and flexible in your design requests. While we will do our best to fulfill your website design vision, some requests simply may not be possible.

Fonts

For commercial logo designs and all website and blog projects, we will only use open source or commercial use fonts. When using commercial fonts, June Lily needs to hold the license in order to use the font legally in your project. As a result, if you choose to use a commercial font instead of an open source font, we will need to charge the full price of the font in order to purchase the font’s commercial use license. If you would like the font for your own use, you will need to purchase it separately as we cannot transfer the font or share the license with you.

After the license is purchased, we can display your project’s commercial fonts online within design images. To embed the commercial font into your website or blog by @font-face, the font terms need to specify that web embedding is allowed. Web embedding may incur additional fees when purchasing the commercial use license, per the terms of the font.

Stock Photos

If you would like to include a specific stock image in your design, you must purchase the image yourself and follow the specific commercial-use license rules for each image or stock website.

In most cases, stock images cannot be used for official logos or for print work unless an extended license is purchased for the image or permission has been granted by the owner. We are not responsible for any problems or concerns that may arise if you fail to acknowledge and follow the extended license rules and requirements for the image or logo.

Premade Templates and Designs

Premade templates, themes and designs are sold “as is” and we do not accept returns or issue refunds for these digital downloadable files and/or products. It is your responsibility to maintain the design on your blog or website and to obtain your own support for website maintenance and up-keeping. We are not responsible for any changes to the design or errors made by you or a third party.

All premade templates, themes and designs are for personal use only. All graphics and image content on the premade templates, themes and designs prior to purchase belongs to us. Purchasing does not transfer the copyright to you, the copyright to the templates, themes, designs, and digital elements belongs to June Lily, LLC. By purchasing you agree not to use the digital file on more than one site. You do not have the right to claim, reuse, resell or redistribute any design, template, theme or design image or element without our prior, written consent.

Free Downloads

Free downloads, files and printable designs are for Personal Use Only. Any reproduction, redistribution, or resale of free items from June Lily is prohibited. When downloading free items from June Lily, you will be required to submit your name and email address, by doing this, you agree to add your information to the June Lily newsletter mailing list. Per the Privacy Policy, you may choose to opt out of any future email correspondence that you may receive.

Commercial Use

Commercial licenses are currently not available.

Entire Agreement

The Terms and Conditions along with the Project Quote, Contract and any Change Order constitutes our entire agreement and supersedes all previous contemporaneous negotiations, commitments, and writings between you and us.

Governing Law

Our agreement is governed by the laws of the State of Arizona and any dispute between you and us is subject to the exclusive jurisdiction of the Maricopa County Superior Court or other court of general jurisdiction within Maricopa County, Arizona.

Attorneys’ Fees and Costs

If either party breaches their agreement and the other party seeks legal counsel in connection with the recovery of any losses or damages suffered as a result of the breach, the successful party in the lawsuit is entitled to recover all costs and attorneys’ fees in association with the litigation.

Penalties

Violators of these terms hereby agree to pay liquidated damages to June Lily, LLC per incident for any use violating these Terms and Conditions. In addition, should June Lily incur any attorney fees or other costs in collecting and/or enforcing this liquidated damages provision, violator agrees to reimburse all such fees and/or costs.