2611 SW 17th St. Suite 209 Topeka, Kansas 66604

WE HAVE TWO SETS OF TERMS AND CONDITIONS THAT ALL CUSTOMERS MUST READ AND ACKNOWLEDGE WHEN ENGAGING WITH OUR AGENCY. BOTH SETS OF TERMS ARE PROVIDED BELOW FOR YOUR CONVENIENCE.

TERMS OF SERVICE - SERVICES PROVIDED BY JCRIPPS DESIGN

CONTRACT TERMS

After reaching an agreement about your contract terms, project scope, and price for services, you will enter into an official agreement on the original hiring platform. You will also be asked to sign a General Freelance Agreement, with or without Assignment or License, a Non-Disclosure Agreement, and an Acknowledgement and Agreement of Terms and Conditions of Service. These documents will be sent to you electronically, and the Agency will not proceed will not proceed with the next steps in onboarding without receiving these documents back from you. If you and your company require and contracts to be signed, please transmit these electronically to projects@jcrippsdesign.com for us to review, sign, and return to you.

ONBOARDING

The Agency will walk you through the process of onboarding your project with JCripps Design LLC. This is an important first step in making sure that your project is delivered on time, accurately, and within the scope of your original agreement. Depending on the services you have purchased, there may be multiple onboarding prompts, in various formats, for you to go through to get started. We will make every attempt to make this as brief as possible. Please be as detailed and thorough as possible. You know your business better than we do, and you are directly responsible for conveying accurate and concise information to the Agency in order to receive the professional results we have agreed to deliver to you in a timely manner.

We are not responsible for delays in your project delivery deadline that are incurred while searching for information you neglected to provide during the onboarding process. If we are required to extract this information ourselves to complete your project, we reserve the right to bill you at our regular hourly rates for these tasks.

PROJECT SCOPE

We are responsible for setting clear and realistic expectations for each of our clients, and adhering to all predetermined project scopes as strictly as possible. To stay on schedule, we will avoid “gold-plating” or “scope creep” at all times.

“Gold-plating” is the tendency for well-meaning contractors to over-deliver on the project scope, and adding additional features that were not originally requested or purchased. “Scope creep” is the tendency for clients to request new features to be included in the final delivery of a project. This occurs naturally, often through well-meaning and casual conversation during the course for the project. This causes the project scope to steadily “creep” to larger and larger expectations.

The issue here is not that we are unwilling to complete a new task, but that unplanned tasks can result in delayed milestones, late deliveries, and severe conflicts with the deadlines of other projects on our schedule. It also results in eateries that may operate poorly on delivery, where they otherwise would have been in working condition had they been planned during the original proposal. For this reason, we reserve the right to deny and/or delay any major adjustments during the life of the project if necessary to remain on task. We have developed a process for requesting changes to the original project scope or for other work needed.

CHANGES TO SCOPE

New scope requests will require a new contract and agreement, and are subject to approval based on scheduling and resource availability. Feature adjustments that reasonably fall under the original project scope will be considered on a case-by-case basis. We will make every attempt to include your updated requests, but requests will be denied by the Agency if we determine it will ultimately risk hindering the timeline or delivery of the original project, or if it will impact project schedules for other clients.

New requests to the original project scope should be submitted in writing and emailed to projects@jcrippsdesign.com, to be negotiated later. Clients should title this email “NEW SCOPE REQUEST,” provide as much detailed information as possible, and provide a requested deadline that would be ideal for delivery.

Requests may NOT be relayed during casual or working conversation or through other methods. Requests not submitted in this specific manner will not be considered valid, nor will they be acknowledged or addressed. We appreciate your understanding and cooperation as we safeguard our clients time and investments in their projects, including your own.

APPLICATIONS

We use specific applications during your project for communication, file sharing, meetings, billing, scheduling, and more. We will try to work with all clients in ways that make the most sense for them, which is usually by phone and email, but ultimately we are focused on providing excellent value to your project, and there are certain tools that we use that make that possible.

Applications that you may be asked to interact with can include (1) Slack, (2) Trello, (3) AndCo,(4) Wave, (5) Google Calendar, (6) Google Drive, (7) Google Docs/Sheets.

If you have trouble understanding how to work any of these apps, please reach out to the Agency right away. We are happy to assist you to feel more comfortable during your project.

DEADLINES

We will make every effort to quote realistic deadlines and deliver our services on time.

Failure to respond to onboarding requests WILL result in deadline extensions. Failure to respond to revision/approval requests WILL result in deadline extensions. Failure to provide the necessary information and assets needed to complete your project inhibits our ability to stay productive on your project according to our pre-existing workflows, and this WILL result in deadline extensions. All out-of-scope requests, and all in-scope adjustments, WILL result in deadline extensions. Additionally, there are other instances in which it may be an error on our part that a deadline has been delayed. We will make EVERY effort to keep you informed if a delivery deadline changes, and to give a detailed explanation for why it has changed.

The best thing that you can do on your part is to make sure that all client deliverables are completed on time and according to requested instructions. We appreciate your understanding and cooperation as we safeguard our clients time and investments in their projects, including your own.

FAILURE TO RESPOND

If communication does not flow freely, and information is not exchanged in a timely manner, the original project deadline and scope will suffer. In an effort to safeguard project schedules, clients who continuously fail to respond to our questions or requests for more information may be dismissed from our schedule, and will forfeit all rights to file a dispute related to this matter.

If we have not heard back from you, even just to acknowledge receipt of our message, within three (3) days of contacting you, we must consider this a failure to respond. In some instances, we will hold working on your project until we hear back from you.

After two (2) incidents, we reserve the right to cancel our original contract with you. This is never our preference, but in some instances we must cancel unresponsive clients in order to maintain our level of professionalism with other clients. In many instances, we may be able to simply put your project on hold until you are prepared to proceed, but this must be determined on a case-by-case basis. In the event that we must cancel a contract due to a client’s failure to respond, we typically will not be liable to provide a refund except in very rare and extenuating circumstances. Please refer to our refund policy for more details.

REVISIONS

The majority of our services include two standard revisions. We strive to provide satisfaction, guaranteed, with all work that we perform, but we also rely on you to give thorough and timely feedback so we have an opportunity to accomplish this within a reasonable amount of time.

Any additional revisions (not due to our error or lack of reasonable understanding) will be subject to additional billing at the Agency’s regular hourly rate, unless otherwise specified.

UPGRADES

If we determine together that you require additional services not covered in your initial package, our standard recommendation is that you upgrade your package rather than itemizing additional services (if the cost of itemizing will be more expensive than upgrading). The charge for upgrading will be the difference in cost between the original package and the upgraded package. Upgrading will extend your delivery deadline in most instances, unless we notify you otherwise.

DISCOUNTS

We have several ways that our clients are able to earn valuable discounts towards our services. Orders placed for physical print products and travel surcharges are never discountable. The best way to be notified of new discounts is to visit our website at https://www.jcrippsdesign.com and sign up on our mailing list. You will receive occasional notifications about seasonal promotions, free tips to help you with your business, as well as an introductory email that explains all the different ways you can earn discounts naturally, just through working with us and referring others to our Agency.

We sometimes provide services Pro Bono for local non-profit organizations who demonstrate financial need and high impact for their surrounding communities. If your organization would like more information about working with JCripps Design at discounted rates, please email us at admin@jcrippsdesign.com with more information about your project needs, your organization, and your impact on your local community. We will evaluate all candidates and select the most fitting projects each quarter to donate our services to.

If you are a military veteran, law enforcement officer, or other emergency services personnel, please reach out to us to receive a unique discount code for use when ordering our services. Thank you for your service to our country, and our local communities. 

BILLING AND TRACKING HOURS

In some of our monthly packages, we provide services to our clients on an “on-call” basis. Time tracking for on-call hours related to our consulting services start when the client initiates with a question or a request, or when we receive notice that we need to complete a task and begin working on that task. We will not bill time for requests or engagement that we initiated, during negotiations or basic reviews for evaluating new contracts, or that are outside of working discussions or the current project scope — like if we are negotiating new project terms with you, or if we take time over lunch to wish you a happy birthday! :)

Any projects requiring hourly billing or tracking hours that are either used or rolled as part of a package will be tracked using our internal services and submitted with any available supporting documentation to each invoice or platform submission. In the event that the Agency neglects to document time spent appropriately, we will determine the best estimate on a case-by-case basis, leaning mostly in favor of the client’s balance.

If at any time you feel that your time or billing is incorrect, please review this with the Agency in detail. Most of the time, a simple error has been made and we are happy to fix it! In the event of a true time dispute, please refer to our dispute policy for more information.

ON-CALL DISCLAIMERS

“On-call” does not imply that our Agency must respond immediately. Our Agency must reserve the right to respond to you when it is reasonable for us to do so, in coordination with our chosen work schedules, other clients’ appointments, personal schedules, etc. Even when a request is urgent and comes in the middle of the night, the request would need to be addressed first thing in the morning. In rare circumstances, a request may be so urgent that an Agency representative may choose to address it as soon as they receive notice, but often times things are not truly as much of an emergency as they initially feel like. We appreciate your patience and understanding.

FILING DISPUTES

All of our clients and Agency representatives have the right to file a dispute at any time. Private parties may file a dispute with our Agency, and our digital clients may file a dispute with the original hiring platform. Digital clients may also file grievances with our Agency in addition to filing a platform dispute.

We encourage you to work first to try to come to an agreement over your project prior to filing a dispute. In the event that you feel this is necessary, we will follow the matter closely and attempt to assist in finding a resolution that fits both parties. For any disputes handled in-house, we will undergo peer review to help you mediate the matter with the Agency and expedite a solution as quickly as possible. We want you to be happy with us as your contractor, and we want to be happy with you as our client, so we want to be sure to solve problems positively for both of us.

If we can assist you with a problem, please let us know right away.

REFUNDS

We pride ourselves on having outstanding customer service. While we will sometimes issue refunds in the event that we make a serious mistake, in most instances this is not the case. The reason is because we are a service-based business, and in many instances we most likely have already performed much of the work for your order. Nevertheless, we will consider all refund requests on a case-by-case basis, and if we determine it is the right thing to do, we will stand behind it.

Even if an order doesn’t qualify for a refund, that doesn’t mean that we don’t have a possible solution. We will work closely with you to learn from our possible mistake, revise our work, and make every attempt to remedy the matter. If you have given us an opportunity to address our errors and we still cannot meet your expectations, we will likely grant you a refund of your purchase, less actual project expenses. In any case, no matter what, we promise to do our best to deliver professional, quality results that you can take pride in, and when we “goof” (because we will at some point or another during the life of our Agency), we will be right here to get back up and try again to make it work for you.

PROHIBITED CONDUCT

At no time shall a client or Agency representative engage in abusive, threatening, harassing,demeaning, or otherwise destructive communication or behavior. Any engagement in this prohibited conduct by a client will result in immediate dismissal of your project. We will halt production on your project, and we will end your project with all down payments, milestone payments, and other applicable fees due immediately. In this instance we will NOT issue a refund or account reassignment, under any circumstances.

If you ever have issues with an Agency representative in this way, we encourage you to notify us immediately so that we can investigate the matter and take corrective action right away.

TERMS OF SERVICE - WEBSITE USE AND PURCHASE

OVERVIEW

This website is operated by JCrippsDesign. Throughout the site, the terms “we”, “us” and “our” refer to JCrippsDesign. JCrippsDesign offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall JCrippsDesign, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless JCrippsDesign and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Shawnee County - Topeka - Kansas US 66604.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@jcrippsdesign.com.