Disclaimer, Terms and Conditions Back to Home Page

Definitions:

  • 'Author' and 'Owner' will refer to Guy Morrell-Stinson unless show otherwise by the context of the sentence that these words are used in. This use of definitions is for identification purposes only and does not supercede or negate the legal rights and protection of assets and personal effects provided by legal entities into which this website and its contents may be placed for liability protection and asset protection purposes.
  • 'You', 'Your' and 'Yours' refers to you the reader.
  • 'TC&D' refers to 'Terms, Conditions and Disclaimers.'
  • 'Commission' or 'Commissions' refers to your acquisition of the author's services to produce a website, PowerPoint, flash, animation, graphic design or coaching, consultation or marketing services -- in writing or as per online agreement .
  • 'Losses' refers to, but is not limited to 'Losses, Costs, Claims, Liabilities, Risks, Lawsuits and Damages.'
  • 'Code' or 'Coding' refers to computer code in the form of scripts, programming, etc. This may include, but is not limited to database scripts, php, html, javascript, mysql, etc.
  • The term 'In writing,' includes, but is not limited to the use of email, typed and / or handwritten documents.

Disclaimer:

All material on this website is displayed on a goodwill, good-faith 'As is' and 'As Available' basis only. Images and content have been derived over many years and from many sources. Some have been originated by the site owner, some have been provided by clients and are hereby used as portfolio examples, some have been derived from clip art and photo art disks and others have been provided by online sources that claim to be royalty-free. The point is that the author tries to live by the principle of protecting and respecting creative copyrights, intellectual copyrights, trademarks, etc. -- for himself and for others. However, since the arena of copyright, of who is the original creator of an image, and so on, has become extremely complicated and convoluted, the owner of this website accepts no liability or responsibility in any way whatsoever for any breaches or infringements in said areas. The author may have used an image that was derived from a source that was believed to be royalty free, which source may have done the same to obtain the image from another source, believed to be royalty free and so on. In other words, it is possible that the author has made use of images believed to be royalty free, that may not have been intended to be royalty free by its original creator. Such use is inadvertent, unintentional and without knowledge that their may be a breach of copyright or conditions of royalty. Should such a breach of royalty, trademark etc be discovered on this website or in any of the materials or images used by the author, the author will not accept liability, claims of damages or compensation, or responsibility in any form whatsoever, as has already been stated. Similarly, the author will not accept liability for claims of loss of income, or of reimbursement to the original creator in any way whatsoever. However, the discrepancy should be noted by recording the website page address, (the URL), the URL of the image, and the date. This should be forwarded to the author with a clear explanation of why it is believed that there is a breach or an infringement. The explanation should also include clear details of the image's, or the copyright item's, owner / author's contact details and website details as well as the context of its original use. The owner of this website will respond by investigating the validity of the alleged discrepancy. If the author discerns that a discrepancy. has taken place in the form of a copyright breach, misuse of trademark, etc. the author will gladly agree do one or more of the following, but nothing more; [1] Remove the item in question from the website. [2] Give the original creator of the item in question credit for the creation of the item by [3] Including a referenced link to the original creator's website on condition that such a website is used within a family-friendly context. Such links and references back to the original creator will be considered to be a form of advertising in favor of the original creator, which will be offered without charge in order to 're compensate' the original creator for whatever reason. The links and references back to the original creator will be maintained only for as long as the original creator's material remains on this website. This author will retain the right and sole discretion to continue to maintain said links and references to the original creator after the original creator's work has been removed from this website. These steps will be done in a spirit of goodwill in order to credit the original creator of an image or trademarked item. However, if there is not a sense of goodwill reciprocated in return, the author will at his own and sole discretion, and without obligation, explanation or liability, be free to not take any of the above steps. The author is more than happy and willing to work in a spirit of goodwill and cooperation, and to give credit where credit is due, in order to build others up. The return of such goodwill and spirit of cooperation encourages the author to cooperate and assist where possible. Other approaches do not encourage cooperation and will be met with the above disclaimer and with the following terms and conditions.

Terms and conditions:

  1. By entering this website, you agree to be bound by the TC&D on this page in every way and to the fullest extent of the law. You agree that these TC&D are fair, reasonable and in accordance with a good conscience in every way whatsoever. Should you not agree to any of these TC&D in any way, your only recourse is to close this website and leave now, because by continuing to enter this website, you are indicating that you agree to, and accept in full and in every way, these TC&D.
  2. You do not acquire any rights or privileges by entering this website. In fact, your entry into this website and further participation in it places you under its TC&D in every way whatsoever.
  3. All material on this website should be treated as copyrighted and protected by the fullest extent of the law in every way. As such, material, in every and any form, may not be copied, reproduced, transmitted, stored, emailed, etc., etc. by any means whatsoever. What is on this website, remains on this website.
  4. If breaches of copyright, or trademarks, royalties, etc. are noted, you agree to notify the author as per the above disclaimer. You agree and accept that the discovery of such a breach does not make the author liable for damages or costs and it will not expose the author to claims or suits in any way whatsoever. This is because of the author's stated intention to to honor trademarks and copyrights to the fullest extent possible, and because such breaches by the author will never be by deliberate intent or with harmful malice, as made clear by the disclaimer above.
  5. Repeat services:
    • When repeat services requiring payment from you to the author are required, you will be responsible for all payments, and that they are made in full, and on time. A grace period will be offered of 7 days beyond due date for no more than twice a year or 3 times in total, after which the author reserves the full right to terminate the commission or subscription and request payment for the full amount, which includes all payments past due and to the end of the full term of the agreement. 10% will be added to the outstanding amounts. When a product or service is commissioned on a monthly basis, you will still be liable for the full value of the product or service commissioned. For example, you may commission a website for, let's say, $300 and choose to pay for it monthly at $30 a month. If you terminate the commission after 2 months, you will still have to pay the balance of $240 plus a 10% surcharge on the $240 within 7 days of termination by either party. The author reserves the right to hand over your account to collection agencies or any other means to collect the outstanding amount after 30 days past due. You will be responsible for any outstanding amounts plus the costs associated with debt collection and you will be charged an hourly rate for the hours lost in production and consumed by the process of getting the outstanding payment from you. I apologize for the firm stand, but it does not effect decent people with the integrity, and respect to pay on time.
  6. Process : The process for commissioning the author is as follows:
    • Orders for Commissions should be initiated by means of a phone call to the author and the completion of this website's online form. You will be asked to accept these terms and conditions.
    • The author will review your request for a commission and contact you to clarify any issues and answer any questions. The author will go ahead with the commission. If you do not want to proceed send the author an email stating that you do not wish to continue. Please make sure that you receive a confirmation email within a day or two. If not, contact the author again to avoid being billed for work done.
    • Make sure that you get all the required material to the author as soon as possible. Gather this before you commission the author as gathering it afterwards results in delays that only serve to frustrate the process. The preferred method is to send the author your information, images and documents by email. Alternatively, use overnight FEDEX. Material will not be returned unless you state that you want it returned in your original package.
    • Place your money in escrow with the required agent.
    • [A] Phase 1: Concept: The author will produce a concept design, which you need to approve.
    • [B] Phase 2: Production: Your project is produced. You will be invited to comment as the project develops.
    • [C] Phase 3: Final proof: You will be asked to approve the final project.
    • [D] Phase 4: Delivery: The final will be delivered to you by email, or website download, or by FEDEX. Internet delivery is preferred.
    • Payment, as in the release of the funds from escrow, will be expected at the end of phase 3 and before phase 4.
    • Commissions may be charged at a flat rate or on an hourly basis. When a flat rate is charged you will be entitled to one concept proof and one set of corrections at the end of production. Any further corrections or adjustments will be charged at a minimum hourly rate, in which case a further deposit into escrow may be required.

7. Communications:

    • You agree that the author may communicate with you by whatever means the author deems to be appropriate. This includes, but is not limited to telephonic and email communications. The author adheres to a 'respect of privacy' policy and will not sell or divulge your personal and contact details. The author may be required to use your personal and contact details to secure a domain or purchase / activate a product, script or service in order to fulfil your commission. Similarly, the author may be obligated by law to share your information with an appropriate authority. The author does not believe in the idea of sharing your information with 'other parties who may offer you products and service of value to you,' and will refrain from doing so where possible.
    • Your use of online communications and technology such as mass email, online conferencing, etc. is entirely at your own risk. The author will not be held liable for losses arising from use of such technologies and mediums by you or those who for, with, or are associate with you in any way whatsoever.
    • Email is the preferred method of communicating 'In writing,' because emails are automatically time and date stamped as they pass through their email exchanges. As such, communications by email will be deemed to be legal documents that are binding to the same extent as a written document that is signed in person. Similarly, the online forms used by this site produce a record of the user's input that is sent to the author by email. As such, legitimate online forms generated by this site, will be deemed to be legally binding, as for emails stated above, and they will be deemed to be contractual forms that provide proof of commission where applicable. Forms that are generated by misrepresentation, imposters, hackers, false or fraudulent means will not be legitimate or legally binding. You will be asked to confirm that you are in fact entering an agreement to commission the author, by selecting an appropriate checkbox or control on the form. You may be asked for further confirmation by means of a follow up email or by some other means.

8. Commissions:

  • The author may be available for commissions either directly through this website, or via third party agents or online facilities. If contact is made via a third party agent or online facility, it is your responsibility to meet said third party's requirements, terms and conditions. Any claims, disputes, etc. that may arise between you and said third parties is for you and said third party to resolve. This author will have no liability, or obligation to get involved in matters between you and said third parties in any way whatsoever.
  • Third party escrow facilities. The author suggests that you consider using a third party agent that makes use of an escrow service to hold payment for projects commissioned on behalf of both the you and the author. Typically, you will commission a project. A quote per hour or per project will be given. If agreed upon, you will deposit the money for the project with an escrow service that will notify the author. The project is then completed. The escrow service pays the author when you are satisfied with the final project. Such systems are designed to protect both you and the author.
  • Do not contact the author through a third party agent and then try to circumvent the third party agent by doing a 'deal' with the author to exclude the third party agent. The author will not entertain unethical proposals.
  • A commission does not grant you any rights beyond the commissioning of the product or service itself.

9. Liabilities:

    • The author does not accept liability in any form, direct or indirect, that may arise from any commissions entered into between you and the author and for any losses whatsoever.
    • The author is not responsible for or liable for any profit increases, or losses, that may be made by you or rise up against you or your business, etc. in any way whatsoever as a result, direct or indirect.
    • The author is not responsible for or liable for any hosting problems, breakdown in hosting or third party products and services. Nor is the author responsible for or liable for any losses that may occur as a result of third party breakdowns.
    • The author is not responsible for any losses arising from the use or misuse of his products or services, commissioned or otherwise. Nor is the author responsible for losses arising from data corruption, hacking , identity theft, viruses, invasions of any kind , trademark infringements incurred in your commission, etc. The author's sole responsibility is to fulfill the commission, which will be limited to providing a product or a service only. Once said product or service has been rendered, you accept full liability and responsibility for all losses associated with said commission in every way possible.
    • The author is not liable for losses incurred by mathematical or formula errors that may yield incorrect, false or misleading results. The onus is you to check the finished product for errors and to report any to the author so that they may be repaired, if possible.
    • The author does not accept liability for any losses that may occur by making use of third party coding. Such coding may be derived from open source providers in good faith. Although the author has the ability to go a long way with basic cutting and pasting of code, or the compilation of coded elements into a project, the author does not claim to be expert in the use of coding or the writing of code as the author's specialty revolves around graphic design and the enhancement of images.
    • The author is not liable for the outcome and resultant losses of legal wars that appear to be brewing between open source providers and closed source providers. As such, you should be aware that all code could come under threat some time in the future.
    • The author will not be held liable losses arising from operator errors by you or your employees or your clients or any other party in any way whatsoever. The author will not be held liable for losses arising from data corruption or any form of product corruption in anyway whatsoever.
    • Coaching and Consulting: These services are offered by the author on a 'per-case' basis. The author is not liable for losses arising from the understanding, misunderstanding, application or misapplication of information derived from coaching or consulting services in any way whatsoever. The onus is on you, the client and the participants, to make wise application of any information shared by the author and imparted to you / the participants , with regard to your particular business and circumstances. The author will not be held liable for losses arising or incurred as a result of your application of any information shared by the author with you / participants during any coaching or consulting session.
    • The author reserves the right to terminate a project or commission at any time for any cause without obligation or liability in any way whatsoever or for any losses that may occur, direct or indirect in any way whatsoever. This clause may sound harsh and therefore be of concern to you. However, as an example, past experience has taught the author that this is necessary to protect you and the author since some 'clients' will commission the author and then never provide the materials or information required to the author to complete a commission. The result is that the project 'hangs' indefinitely, which is to no one's advantage.
    • Deadlines: The author has an exceptionally good track record of meeting deadlines. However, deadlines that have been missed are invariably the result of clients not providing the author with the information or material required to complete a commission on time. Similarly, clients shifting goal posts and objectives may result in missed deadlines. In addition, technical failures by technology or third party systems may also result in missed deadlines. As such, the author will not be held liable for losses that may arise from missed deadlines whether directly or indirectly in any way whatsoever. However, the author will commit to doing his utmost to meet every deadline in every way possible and, as stated above, has a very good track record in this regard.
    • The author does not accept liability for any losses that may occur as a result of your conducting an online business using the author's products or services in part or in whole, in any way whatsoever. This clause includes, but is not limited to identity theft, the use of ecommerce facilities, services or code, the use of gateways, payments gateways or providers in any form whatsoever. Similarly the use of technologies, and the risks and liabilities associated with said use in your commissions is at your own risk.
    • The author's role is not to replace appropriately qualified and specialized advice. You should seek out the advice of appropriately qualified experts where necessary and wise to cover your own risks wherever possible. The author will not be held liable for losses resulting from your failure to in this regard.
    • Domain names: You are solely responsible for determining if a domain name has been copyrighted or trade marked, or claimed by a third party in any way. The author may make suggestions based upon what domain names may be available for purchase from domain name vendors. However, the availability of a domain name does not guarantee that it is free from trademark or ownership claim in any way whatsoever. The author will accept no liability or losses that may arise, from the use or purchase of a domain name, in any way whatsoever. You should seek legal advice on this matter. Please refer to the United States Patent and Trademark office for more information at: http://www.uspto.gov/trademarks/

10. Termination:

  • The intent to terminate a commission or agreement needs to be made in writing to the author. Similarly, the author's intent to you will be made in writing.

11. Disputes:

  • There should be no need for disputes, because of the author's commitment to operating in a spirit of goodwill, integrity and excellence. If you share the same values, we will be able to work out any situation in a spirit of goodwill with a view to finding the best outcome for all. If you are not committed to the same values, we should not do business in the first place. However, in the event of a dispute, the author reserves the full and sole right to determine the best method to resolve the dispute. This may include, but not be limited to calling in a third party referee or arbitrator. The referee or arbitrator will determine the best procedure to settle the dispute and your continuation into this website or your commissioning of a product or service will bind you to these clauses in full and in every way. The referee or arbitrator's ruling will be deemed to be fair and binding in every way, to the fullest extent of the law. Alternatively, the author will have the sole right to determine the place and legal jurisdiction to settle the dispute.

In closing:

These terms and conditions may seem to be firm, but are designed to protect fair and good business relations between you and the author.

An image speaks a thousand words.