Effective as of August 12, 2013
Giant Terms and Conditions of Service
All Graphic, Web Design & Development services provided by Giant are subject to the following terms and conditions of service.
Estimates & Contracts
Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.
Prices for individual items in a package deal do not reflect what the price for those same items would be if the items are sold separately. A contract and estimate for a package of products implies that all of the projects are ordered by the client when the contract is signed. If the client wishes to change the contract and subtract or add more products, the contract will be cancelled, and work up to date will be billed hourly at $95 an hour. If the Client and Giant agree to rewrite the contract to reflect the changes then the client may still receive a discounted rate if there are multiple products being ordered.
The Design Process
We use a design process to keep projects on budget, meet our deadlines and get the best possible result for the Client. The Client plays a role in the process running smoothly at a few key steps in the process. The process is:
Learn – Information gathering, research, the Client Questionnaire, Client identifies and collects text and image content.
Plan – Identify a creative strategy, deliver mock-ups, identify all functionality of the site and desired user interface, build a wireframe of the site for more complicated sites, plan for future add-ons or features.
Design – This is were you put your trust in us. We have done the research, gathered all of the information, and will use all of the planning to create the site. The Client delivers all of the final content. The Client will view, approve and identify any final changes to the design and content.
Code – The design will get coded so that it has the approved function and design. Testing will be done internally and by the Client. It will be tested for functionality and user experience.
** Please note that once we have approved designs are in the coding state, and a layout change needs to occur, work will stop and a new work estimate will be required to continue. This is dependent on the scope and nature of the change.
Launch – The website is uploaded to the host and becomes a live operational website.
Maintain – Ongoing content management, seasonal or other sales, product or sale features are added, front page marketing ads can be changed, or style updates over time to maintain a current look. Calendar or newsletter, or email marketing is integrated with the site. Promotions like email marketing or social media to drive traffic to the site.
Point of Contact & Training
Giant will require one point of contact during the Contract for clarifying requirements for design, key features, usability and maintenance issues. Giant requires this person be available to answer questions arising from the project within 24 hours on workdays (subject to reasonable exceptions), and to have authority to make project related decisions. The Point of Contact shall remain the same for the duration of the project. Giant is not responsible for any training on how to use or make changes to the website unless the Client and Giant have agreed to a training component of the project. It will be assumed that Giant is being hired to do all aspects of the project and therefore will not be required to work in collaboration with any of the Client’s other contracted designers or coders or internal designers or coders.
This Web site may provide links or references to non-Giant web sites and resources. Giant makes no representations, warranties, or other commitments whatsoever about any non-Giant websites or third-party that may be referenced, accessible from, or linked to any Giant site. A link to a non-Giant Web site does not mean that Giant endorses the content or use of such Web site or its owner. In addition, Giant is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an Giant site. Accordingly, you acknowledge and agree that Giant is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
When you access a non-Giant site, even one that may contain the Giant-logo, please understand that it is independent from Giant, and that Giant does not control the content on that web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
Linking To This Site
All links to this web site must be approved in writing by Giant, except that Giant consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Giant; (c) imply that Giant approves or endorses you, your web site, or your service or product offerings; and (d) present false or misleading impressions about Giant or otherwise damage the goodwill associated with the Giant name or trademarks. As a further condition to being permitted to link to this site, you agree that Giant may at any time, in its sole discretion, terminate permission to link to this web site. In such event, you agree to immediately remove all links to this web site and to cease using any Giant trademark.
If we are unable to communicate with a Client on a project for a duration of at least fifteen days (15) by phone or email during any portion of any process, the project will be canceled without prior notice and no refund will be issued.
Our standard design rate is $95 per hour.
Our bulk work rate is $50 per hour.
To qualify for bulk rate work you must complete 40 billable hours with Giant per 15 day period. Hours will be tallied and invoiced every 15 days on the 1st and the 15th of each month. If you do not meet the 40 billable hours in a 15 day period, you will be billed at the $95 per hour rate. Bulk rate work invoices will be due 7 days after you have received them and your credit card will be run. You must have a credit card on file in order to qualify for the bulk rate billing.
Chargebacks, Disputes and Bounced Checks
All new web design projects require an initial 50% deposit that will be due at contract signing. The remaining 50% balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.
All new web design projects that exceed $600 US can be split into three payments. An initial deposit of 1/3 of the total project cost will be due at contract signing. A second payment of 1/3 the total project cost will be due upon acceptance of the design. The final balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.
Any check payments that do not clear will be charged a $50 fee. Giant retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items.
If you are on an automatic payment plan and your credit card charge does not go through, you will be charged a $50 inconvenience fee. If a payment is made late to Giant there will be an additional fee of $50 on the first day and an additional $25 per day that the payment is late.
If for any reason Giant receives a chargeback, dispute or cancelled check on in-process, or completed work, Giant will attempt to contact the client. In the event the client can not be reached on the same day, Giant will attempt to run the credit card, or redeposit the check and add an additional $75 fee. If Giant is unable to resolve the matter, all work will stop and will be held subject to the terms and conditions listed on this page. If the chargeback, dispute or bounced check are resolved, the payment will be applied to the remaining bill. In an event the funds are released, and the total is more than what is owed to Giant, the client will be refunded the proper amount.
Giant accepts payments via Cash, Check, PayPal and all major Credit Cards. Your payment should come from PayPal available funds or credit card. Your project will not be released to you or uploaded until full payment is received.
Hours of Operation
Our business hours are Monday-Friday from 9am-5pm EST. If you require maintenance after the posted hours, such as on weekends or holidays, you will be charged our base rate of $95 per hour with an additional charge of $50 per hour for after hours assistance.
Automatic Payment Plan
Giant reserves the right to extend an automatic payment plan for any job over $2500. An initial deposit of 1/3 will be due before work can begin. Payment plans will not exceed 6 months in length. A valid credit card must be kept on file.
Frequency of Payments
An automatic payment plan in the range provided to you in writing, electronically, or as described to you by Giant will be made in the frequency described in your contract. You will not receive any advance notice of this payment but you will receive post-payment confirmation by email.
Automatic Payment Plan Failure
If your automatic payment is declined, you will be contacted by phone or email. We may permanently restrict your ability to use a certain payment method if that payment method fails multiple times. Please refer to above terms and conditions for fees and penalties for late payments.
Cancellation of Automatic Payment Plan
You have the right to withdraw your consent to this Automatic Payment Plan at any time. To cancel your Automatic Payment Plan, email Giant at email@example.com. Your request to cancel your Automatic Payment Plan may take up to 24 hours to take effect.
Reestablishing Automatic Payment Plan
If you wish to reestablish your Automatic Payment Plan, email Giant at firstname.lastname@example.org.
Changing Automatic Payment Plan
If you would like to change your Automatic Payment Plan including, for example, making a change from one credit or debit card that was initially selected to another credit or debit card or bank account, you must authorize the recurring payment with the new credit or debit card or bank account by emailing Giant at email@example.com.
Access to Agreement
To access this Agreement in the future through the Giant website and click on “Terms and Conditions”. If you are viewing this Agreement on the Giant website, please print a copy of this Agreement for future reference. To confirm which credit, or debit card or bank account you authorized, email Giant at firstname.lastname@example.org.
Agreeing To These Conditions
By providing my credit, or debit card or bank account information (“Payment Method”), I AGREE that I have read and understand this Automatic Payment Plan Agreement. In addition, I authorize Giant to charge the full amount required by my payment plan to the specified Payment Method; and I authorize the financial institution for the Payment Method, specified above to charge or debit my account and remit payment for my service to Giant. This authority will remain in effect until I give notification, as required under this Agreement, to terminate this authorization.
Cancellation of Work
In the event of cancellation of this project, ownership of all copyrights and any original artwork shall be retained by the designer.
By Client: Client may cancel work on the website at any time by submitting written notice to the Giant. Giant will halt work upon receipt of the written cancellation request from Client. At that time, the Client will be responsible for paying for all work completed prior to Giant’s receipt of cancellation request. Work completed shall be billed at an hourly rate of $95 per hour. If, at the time of request for refund, work has been completed beyond the amount of work paid for by the initial payment, the Client shall pay for work completed.
By Giant: Giant reserves the right to refuse service and cancel any project if necessary, in which case, the balance of the initial payment will be returned to Client after all applicable fees have been deducted for work completed. If there is a balance due to to Giant, it becomes due immediately. Giant may cancel a project for any reason we deem necessary, including but not limited to the Client not providing necessary information, text, graphics or final payment in a timely fashion.
Web Site Design Credit
All Giant custom web design Clients will have a “Powered by Giant” link on their website in the footer of every page. This is non-negotiable. By hiring Giant to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay Giant a fee of $500 to have this link permanently removed. Should you have a new layout designed for your site by a company other than Giant, you must remove the credit from your website.
Copyright & Ownership
Upon completion of the project, Giant transfers all rights and ownership of custom designs and programming written by Giant to the Client. Software and third party graphics or programs are not transferred to the Client and remain under copyright of their respective owners.
Ownership and copyright of all Templates or Themes available to our Clients will be transferred to the Client upon final payment to Giant and at Giant’s discretion.
Giant reserves the right to resell custom designed web sites that remain unpaid by the original Client, unaccepted mockups or other graphics created by Giant but not in legal use by the Client.
Giant reserves the right to display websites and graphics that have been designed by Giant on their website, and in any marketing material to aid as examples of our work. If a non-compete contract is signed, it will be honored for one year from the date it was signed. After said date, the work samples will be used on Giant’s website to market the services they offer. If you would like to extend the right to not display work created by Giant on its website, a one time fee of $2500 must be paid to Giant.
Design Use Limitations
Acceptable use of all designs created by Giant will only be for use on products produced exclusively in the United States unless previously agreed upon by Giant.
Giant requires a deposit before we begin work on any project. A request to terminate services must be presented to Giant in writing. Refunds will be processed within 30 business days of request by the Client, if there is a refund amount due based on the terms above.
Because we resell hosting for a larger company, we are unable to offer refunds on hosting, SSL and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs.
The Client understands that web hosting requires a separate contract with a web hosting provider. Giant can assist the Client in obtaining the hosting services. The Client agrees to select a hosting service which allows Giant full access to the website. Giant is not responsible for down time, poor performance, or loss of data caused by any 3rd party hosting provider.
Giant will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all Clients are asked to read and agree to our terms and conditions prior to the start of any project.
Development & Delivery
Giant understands the importance of completing projects in a timely manner. We agree to complete the web design project within 90 days from the date of contract signing. If the Client does not supply Giant with complete text, graphic content and other requested materials for the contracted Client within 45 days of contract signing, the contract becomes void and all deposits paid by the Client are forfeited. The Client may request a Project Extension in writing to Giant for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between Giant and the Client.
Services purchased from Giant are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall Giant be liable to the Client 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. This includes, 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.
Giant makes no representations or guarantees as to the amount of traffic to the Client’s site or interest generated in the Client’s site. Giant makes no representations and does not guarantee an increase in Client sales, nor does Giant promise top listing in any search engine or directory. Giant will use our best efforts to perform under the contract, and makes no representation or guarantee that the site will be accessible by all browser and operating systems. Giant will test the site on browsers no older than 5 years, from date of contract, and does not guarantee that the site will work or look the same using older browsing or operating systems. The Client will 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 with regard to these matters.
We are happy to accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via Credit Card. This is non-negotiable.
Mitigation of Disputes
This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration.
The arbitration shall be conducted by [one/three] arbitrator[s]. If the Parties are not able to agree upon the selection of an arbitrator, within [twenty] days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by [the American Arbitration Association/the London Court of International Arbitration/a state/federal court judge in [Hawaii] shall select the arbitrator in accordance with the terms of this agreement. [For three arbitrators, each party shall select an arbitrator within [ten] days of commencement of the arbitration who shall serve as a neutral arbitrator and the two designated arbitrators shall select a third neutral arbitrator within [twenty] days of their selection of the parties cannot agree on a third arbitrator. If the two arbitrators cannot agree on selection of a third arbitrator within [twenty days] of their appointment, [the American Arbitration Association/a state or federal judge in [Hawaii] shall select such arbitrator in accordance with the terms of this agreement.]
The arbitrator[s] shall have [ten] years of experience in [designate a particular area] [and also shall have served as an arbitrator at least [three] times prior to their service as an arbitrator in this arbitration.]
The arbitration shall be conducted in accordance with [the then existing Commercial Rules of the American Arbitration Association/the then existing rules of the Judicial Arbitration Group/the then existing Federal Rules of Civil Procedure].
The arbitration shall be conducted in [Kona, Hawaii].
The laws of the [State of Colorado] shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.
It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within [one hundred and twenty] days from the date the arbitrator[s] are appointed. The arbitrator[s] may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award.
Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of [all/both] parties.
The Parties shall [not] be entitled to discovery in the arbitration [except that any Party shall be entitled to request [no more than  pages of documents and to take [three] depositions not to exceed [eight] hours for each such deposition]. [Any Party shall be entitled to depose any expert who will testify in the arbitration proceeding but shall pay the regular hourly rate of such expert during such deposition.] [In addition to the foregoing, any Party shall be entitled to take the deposition of a witness who will testify at the arbitration but who is unavailable to testify at the hearing to preserve such witness’ testimony for the arbitration hearing.]
The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the arbitration, with a summary of the anticipated testimony of such witness [ten] days before the arbitration hearing.
The arbitrator[s] shall have no authority to award [punitive/consequential/special/indirect] damages. The arbitrators shall [not] be entitled to issue injunctive and other equitable relief. The arbitrator[s] shall award interest from the time of the breach to the time of award at the rate of [10%] [prejudgment interest under Hawaii law.]
The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing
suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement.
Each party shall pay its own proportionate share of arbitrator fees and expenses [plus the fees and expenses of the arbitrator it designated (if there are three arbitrators] and the arbitration fees and expenses of [the American Arbitration Association/the Judicial Arbiter Group]. The arbitrator[s] shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion].
In the course of performing Services, the parties recognize that Giant may come in contact with or become familiar with information which the Client may consider confidential. Giant agrees to keep all such information confidential and not to discuss or divulge it to anyone other than appropriate Client personnel or their designees.
This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. Exclusive jurisdiction and venue is as governed in the district court of District Court of Third Circuit, Kailua-Kona, Big Island, Hawaii.
Please note that by submitting your initial payment, you are agreeing to all of our terms and conditions as written here. Giant reserves the right, in its sole discretion, to change the terms and conditions under which http://Giant.is is offered. The most current version of the terms and conditions will supersede all previous versions. Giant encourages you to periodically review the terms and conditions to stay informed of our updates.
Changes to Terms
Giant reserves the right, in its sole discretion, to change the terms and conditions under which http://Giant.is is offered. The most current version of the terms and conditions will supersede all previous versions. Giant encourages you to periodically review the terms and conditions to stay informed of our updates.
Giant welcomes your questions or comments regarding the terms and conditions:
77-133 Queen Kalama Ave
Kailua-Kona, HI 96740
Effective as of August 12, 2013