Refund Policy
Our refund policy has been devised to define the situations under which 469 Design will provide a refund, the procedure for claiming a refund, and the responsibility of 469 Design in circumstances resulting in such a claim. All the information that we collect is utilized for improving our website’s content, notifying clients about updates, or addressing issues with their requests. If you do not wish to receive future emails from us, please inform us via email or letter.
Coverage & Scope
This refund policy covers refunds issued by 469 Design and/or any website owned and managed by 469 Design, a creative digital agency in Utah. This policy does not apply to companies that are not owned or controlled by 469 Design or individuals not employed or managed by 469 Design. It also excludes any third-party service or product providers bound by contract and any third-party websites to which 469 Design’s website links.
Filing a Refund Request
At 469 Design, we approach every project with a commitment to delivering the final product as expected. If a situation arises where a client is dissatisfied, we strive to resolve the matter amicably before considering a refund. We strongly encourage clients to reach out to us at mike@469design.com for a final discussion before requesting a refund. A refund request should only be filed if a mutual resolution cannot be reached.
Eligibility for Refund
469 Design values every project and ensures it is handled with professionalism. However, if a dispute arises, we assess refund requests based on the following terms:
- Full Refund: If the project has not yet started or if the initial design style has not been submitted to the customer for approval, a full refund will be issued.
- Partial Refund: If the Designer fails to deliver the project as per the agreed Work Plan, the Client shall pay for the Services performed up to the termination date. A prorated portion of the fees paid will be refunded for work not yet performed. The Client will not be refunded for any fees or expenses paid by the Designer.
- No Refunds: Refunds will not be issued in the following cases:
- The project has received initial approval and is awaiting client information.
- The project has been completed and uploaded to the server.
- The Client has failed to provide required information for project completion.
- The Client has provided incomplete information, causing project delays.
- Poor communication from the Client has resulted in project delays beyond the stated Work Plan timeline.
Retainer billing is not considered a deposit. No refund will be issued for work billed hourly or for retainer-based projects. All unused hours will remain active for the client’s use. If the client cancels services, unused hours will be forfeited without refund.
Processing of Refunds
Partial refunds will be processed within 30 business days from the date of termination. Refunds will be issued via the original method of payment or by check.
Website Maintenance
When adding new text or content to a page or a new page, the Client is responsible for providing all text (in digital format) and images/photos. Unused maintenance hours do not roll over to subsequent months. No refunds are provided for unused maintenance hours.
No refunds will be issued for fees related to website maintenance services. Additionally, all website maintenance cancellations require a written 30-day notice.
Any custom development work performed under a maintenance plan is non-refundable, even if the Client cancels the subscription early. Refunds will not be issued for technical issues related to the Client’s hosting provider, third-party plugins, or the Client’s own website code.
Website Hosting
Any outstanding invoice may result in the suspension or termination of web hosting services. A reinstatement fee of $295 applies. Access to the hosting account will not be restored until payment is received.
If the Client fails to pay the required fees, 469 Design may suspend or terminate the account and pursue collection costs, including arbitration, legal fees, and attorney fees.
469 Design will not activate new orders or services for clients with outstanding balances.
469 Design reserves the right to use hosting providers of our choice to ensure the best service for our clients. If necessary, we may switch hosting providers and transfer a client’s website at no cost if we determine that a better hosting provider will improve website performance.
469 Design is not responsible for transferring websites to or from our web server service and reserves the right to charge for any web hosting transfer requests.
Payment & Non-Payment Policy
1. Payment Terms
469 Design offers a milestone-based payment structure upon approval. Payment is required as follows:
• Deposit: 50% of the total project cost must be paid before work begins.
• Final Payment: The remaining 50% is due upon project completion or 30 days after the initial deposit is received, whichever occurs first. All outstanding balances must be paid before the website goes live.
For any work requested beyond the agreed project scope, additional invoices will be issued and must be paid before additional services are rendered.
2. Late Payment & Reminder Notices
Invoices must be paid within 7 days of the due date. If payment is not received, the following actions will be taken:
• 7 Days Late: A second reminder email will be sent, including a copy or payment link of the unpaid invoice.
• 30 Days Late: A final notice will be sent via email, warning of website suspension if payment is not received.
A 10% late fee will be applied to overdue invoices.
3. Temporary Website Suspension
If payment is not received within 5 days of the due date, 469 Design reserves the right to temporarily disable the website. A placeholder message will be displayed stating:
“Site Currently Unavailable. If you are the owner, contact your hosting provider for more information.”
4. Permanent Website Removal
If payment remains unpaid after 30 days, the website will be permanently removed from our servers. To restore the site, full payment of all outstanding invoices plus a $295 reactivation fee will be required.
If payment is not received within 60 days of the initial deposit date, 469 Design will permanently delete all website files and backup data. After this period, the website cannot be recovered.
469 Design retains full ownership of the website, design files, and digital assets until payment is made in full.
5. Domain & Hosting Rights
• If 469 Design purchased the domain on the client’s behalf, ownership will not be transferred until full payment is made.
• If the client provides their own domain but fails to pay for design services, 469 Design reserves the right to deny access to the website files until payment is received.
6. Legal Action & Debt Collection
For prolonged non-payment, 469 Design reserves the right to:
• Seek legal action to recover the outstanding balance.
• Submit the unpaid invoice to a debt collection agency.
7. Cancellation Policy
If a client chooses to cancel the project before completion:
• Any payments made up to the cancellation date are non-refundable.
• Work completed remains the property of 469 Design unless the client has paid in full for the work delivered.
