Additional Policies

Estimates & Contracts

Estimates provided to prospects will be honored for 30 days from the date of issue. After that time, a new estimate may be requested by the client. Contracts that have been drafted but not yet signed by the client will only be considered valid within 30 days of the delivery date. If the client fails to sign the contract within this time frame, the estimate will no longer be valid and a new estimate may be requested.

Non-Communication

If we are unable to communicate with a client on a project for a duration of at least seven days (7) by phone or email during any portion of the project, the project will be canceled without prior notice. In such an event, the provisions of the Refunds and Payments Policy will apply.

Point of Contact & Training

To ensure effective communication and efficient project management, Giant requires the Client to designate a single Point of Contact for the duration of the Contract. The Point of Contact shall be responsible for clarifying design requirements, key features, usability, and maintenance issues and shall be available to respond to questions arising from the project within 24 hours on workdays, subject to reasonable exceptions. The Point of Contact must have the authority to make project-related decisions.

Giant shall not be responsible for providing training on the use or maintenance of the work provided unless such training has been explicitly included in the scope of the project as agreed upon by both parties in writing. The Client agrees that Giant is being hired to perform all aspects of the project and shall not be required to collaborate with any other contracted designers, coders, or internal personnel of the Client.

In the event that the Client fails to designate a single Point of Contact or if the Point of Contact is unavailable to respond to questions within the specified time frame, this may be deemed a material breach of the Contract and may be grounds for immediate cancellation of the project. The provisions of the Refunds and Payments Policy shall apply in the event of cancellation.

Business Relationships

This Website may provide links or references to third-party websites and resources. Giant makes no representations, warranties, or other commitments whatsoever about any such websites or resources. A link to a third-party website does not imply endorsement of the content or use of such website or its owner by Giant.

Giant shall not be a party to or responsible for any transactions entered into between the Client and any third parties, even if the Client learned of such parties through a link on a Giant website. The Client acknowledges and agrees that Giant is not responsible for the availability of such external sites or resources and shall not be liable for any content, services, products, or other materials available from those sites or resources.

The Client is solely responsible for protecting themselves and their information from viruses, worms, Trojan horses, and other potentially destructive programs when accessing third-party websites. Giant shall not be held responsible for any loss or damage incurred by the Client as a result of accessing third-party websites.

Linking to this Site

The Client shall not link to this website without obtaining prior written consent from Giant, except as otherwise permitted in accordance with the following terms and conditions:

The link and the pages activated by the link shall not:

• Create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site;
• Misrepresent the relationship between the Client and Giant;
  Implied that Giant approves or endorses the Client, their website, or their service or product offerings;
• Present false or misleading impressions about Giant or otherwise damage the goodwill associated with the Giant name or trademarks.

The Client agrees that as a condition of being permitted to link to this website, they shall immediately remove all links to it and cease using any Giant trademark if Giant, at its sole discretion, terminates permission to link to it.

The Client agrees to indemnify and hold harmless Giant for any damages or losses resulting from the Client’s unauthorized linking to this website or the Client’s breach of the terms and conditions set forth in this section.

Web Site Design Credit

All Giant custom web design clients shall display a “Powered by Giant” link in the footer of every page of their website. This provision shall be non-negotiable and the Client agrees to this requirement as a condition of hiring Giant to work on their website. The Client acknowledges that the “Powered by Giant” link may not be removed without the prior written consent of Giant and that removal may only be obtained by paying Giant a fee of $2500.

In the event that the Client has a new layout designed for their site by a company other than Giant, the Client shall immediately remove the “Powered by Giant” credit from their website. The Client shall be solely responsible for ensuring compliance with this provision and shall indemnify and hold harmless Giant for any damages or losses resulting from the Client’s failure to comply with this provision.

Copyright & Ownership for Design Work

Throughout the course of any project and upon its completion, Giant retains full rights and ownership of all custom designs, programming, proprietary materials, and related files created for the Client unless an alternative arrangement is expressly agreed upon within these terms. This section outlines the conditions applicable to all design works and files, regardless of their intended use for online platforms or hosting:

• Modification and Access Rights: Giant reserves the right to modify, restrict access to, or enhance any design files and proprietary materials due to reasons including, but not limited to, non-compliance with the agreed terms, security concerns, or financial delinquency. Should the Client become delinquent in payments, Giant may suspend the provision of design services or access to files until the account is settled and compliant.
• Proprietary Rights, Software, and Licensing: All designs, whether intended for digital use or physical production and all software or dynamic templates used in the creation of these designs are the exclusive property of Giant. This includes all intellectual property rights in the materials produced, highlighting that such proprietary data and software cannot be shared, replicated, or distributed without Giant’s explicit written consent. Unauthorized use or disclosure may lead to legal actions, including but not limited to injunctive relief, to protect Giant’s interests.
• Ownership and Use of Design Files: Giant maintains ownership of all design files, including preliminary drafts, working files, and finished products, unless a specific agreement to the contrary is made. This ownership extends beyond the duration of the project, ensuring that Giant’s proprietary rights are protected indefinitely.
• Provision of Working Files: For valued, long-standing clients, Giant may, at its discretion, provide backups or copies of working files as a courtesy. This action is meant to facilitate ongoing collaboration and does not constitute a transfer of ownership or rights.
• Usage Restrictions: Any design files or proprietary materials provided to the Client are for the Client’s use only within the scope defined by the project and must not be distributed or used by unauthorized parties. Violations of these terms will prompt Giant to take appropriate legal action to rectify damages and enforce the agreement.
• Intellectual Property and Confidentiality: Giant’s provision of design services does not imply a transfer of intellectual property rights, except where explicitly agreed. Clients are required to maintain the confidentiality of all proprietary materials and information, using them solely for the project’s intended purposes as outlined in these terms.
• Acknowledgment of Design Limitations: Design works created by Giant are to be used as agreed, with limitations on their application outside the United States unless previously authorized by Giant in writing. This ensures respect for the proprietary techniques and materials used in the creation process.

Liability

The Client acknowledges and agrees that the services purchased from Giant are provided “as is” and without warranty of any kind. Giant shall not be liable for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the Client, including, without limitation, lost profits, business interruption, loss of data, or other losses directly resulting from the use of the website, services, and/or goods provided to the Client. The entire risk as to the quality and performance of the web design is with the Client.

No Guarantees

Giant makes no representations or guarantees with respect to the amount of traffic to the Client’s site or interest generated in the Client’s site. Giant makes no representations or guarantees regarding an increase in Client sales or top listing in any search engine or directory. Giant shall use its best efforts to perform under the contract but makes no representation or guarantee that the site will be accessible by all browsers and operating systems. Giant shall test the site on browsers no older than one (1) year from the date of contract and does not guarantee that the site will work or look the same using older browsers or operating systems. The Client shall be informed if features requested by the Client will negatively impact website accessibility, usability, and cross-platform use. The Client agrees to indemnify and hold Giant harmless against all claims concerning these matters.

International Customers

Giant is happy to accept projects from customers outside of the United States but requires full payment for all projects prior to the beginning of the project via credit card. This provision shall be non-negotiable.

Mitigation of Disputes

In the event of any dispute arising out of or related to this agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the parties are unable to resolve the dispute through negotiations, they agree to submit the dispute to mediation in San Juan County, Washington. If the parties are unable to resolve the dispute through mediation, they agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Juan County, Washington, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law.

Confidentiality

The Client acknowledges and agrees that in the course of performing services under this agreement, Giant may come in contact with or become familiar with information that the Client considers confidential. In recognition of the confidential nature of such information, Giant hereby agrees to maintain the confidentiality of all such information and not to disclose it to any third party except as required by law or as authorized in writing by the Client.

Giant shall take all reasonable measures to protect the confidentiality of such information, including, but not limited to, using the same degree of care to protect the confidential information as it uses to protect its own confidential information of a similar nature.

This provision shall survive the termination of this agreement and shall remain in full force and effect for a period of three (3) years after the termination of this agreement.

Acknowledgment and Agreement by Payment

• Payment as Acceptance of Terms: The Client acknowledges that by making any payment to Giant in relation to the services provided, they are expressly acknowledging and agreeing to all the terms and conditions outlined in this agreement. This includes but is not limited to, the terms regarding copyright and ownership, confidentiality, use of proprietary materials, and limitations on liability
• Informed Consent: The act of payment signifies the Client’s informed consent to the agreement as a whole, including their understanding of and agreement to comply with all its stipulations, restrictions, and requirements as set forth by Giant.
• Prior to making a payment, the Client is responsible for thoroughly reviewing the agreement and seeking clarification on any points as necessary. Payment made without such review does not exempt the Client from the obligations and responsibilities outlined in this agreement.
• Each payment made by the Client will be taken as evidence of their ongoing acceptance of the agreement terms, including any amendments or updates that may have been made to the agreement up to the point of each payment.

Changes to Additional Policies

We reserve the right to change these Additional Policies at any time. We will not notify you when we make changes to Additional Policies.

If you have any questions about these terms, please contact us at create@giant.is.