TERMS AND CONDITIONS
This is the web site of Askew Media Web Design.
We can be reached via e-mail at admin@askewmedia.net
or you can reach us by telephone at 8134467304
QUOTE
You will be sent a quote in PDF format, outlining the costs associated with your website and the way in which the project will be completed, as well as a timeline for completion. Whilst I aim to be as realistic in my estimation as possible, quotes are subject to change based on additional work required that may not have been outlined in original design brief documents. Quotes are valid for 30 days from the date they are developed.
STARTING
Once an agreement has been made to begin your website, a 50% deposit is required. If the total value of the project is over $2500, only a 33% deposit will be required. Your project will commence within 48 hours of your deposit and commencement form being received, unless otherwise specified. When you agree to go ahead with your project and pay your deposit, you also agree to all of the terms stipulated below.
If your project is more than $2000, a further progress payment of 25% will be required after the design has been finalized. The balance of the account is then required before the final website will be released. If you require additional services after your deposit has been paid, a new and separate quote will be forwarded to you and treated as a new project.
PROCESS
I will provide you with a website planning design brief and my concepts will be based on this information. If you give me as much information as possible, your initial concepts are more likely to be what you're looking for.
The design fee entitles you to two initial concept designs (if necessary - you can choose the first one if you like). If you are not happy with either of them, two further concepts will be sent to you. You can then choose from the concepts and have your design of choice revised. Revisions are "unlimited" but I appreciate your ability to be reasonable. The basic design will remain the same - if you do want a brand new design, an additional fee will be applicable.
INCLUDED
Due to the very diverse nature of web design, I have found it necessary to put some guidelines in place. If you are happy with the quote that you receive and wish to go ahead with your project, you will be sent a document which will guide you through the data you may be required to collect in order to successfully develop your website. For this reason it is essential that a means of posting/emailing documents to you is supplied before I begin.
WITHDRAWAL
If for some reason you are unsatisfied, you are welcome to leave a project at any stage. Cancelled accounts incur an administration fee of $150, which is payable within 7 days of cancellation. If your account is not finalized, any preliminary designs remain the property of Askew Media Web Design. Where Askew Media Web Design have fulfilled the requirements of the project, up to $500 of the deposit may be retained to cover work already completed. No other charges will apply.
CREDIT CARD DISPUTES (CHARGE BACKS)
Purposely disputing services that have been delivered is an act of FRAUD. We prosecute to the fullest extent of the law all persons and/or companies that act in this manner.
Upon charge back notification we will immediately terminate and delete the any and all web pages and e-mail messages without notice. All future account activations will be denied until the issue is settled. A charge back fee of up to $50.00 will be posted to your account. In addition to a charge back fee you will also be responsible for the actual charge disputed amount and a Re-activation fee.
FRAUD
Fraud orders are unacceptable and cost all of us plenty. With that in mind, prior to charging your credit card for purchases we may require a card holder signature for verification. If requested and we do not receive your signed, faxed contract within 24 hours of your submission your contract will be void and reported as a fraudulent charge to Visa/MasterCard/Discover/American Express. If you choose not to fax a contract because you have changed your mind please notify Askew Media Web Design via email at billing@askewmedia.net within 24 hours.
PAYMENT
Payment is required prior to or at the launch of your live website. If an account has not been finalized after 7 days, the client will be issued with a reminder notice. If the account remains unpaid after 30 days, an additional fee of 5% will be added to the account. If it remains unpaid after 60 days, it will be considered to have been defaulted and will be referred to a collection agency, at which time legal charges will also apply in addition.
DESIGN CREDIT
Client agrees that the Askew Media Web Design may put a byline on the bottom of their index.html or main.html web page establishing design and development credit. Client also agrees that the web site created for the Client may be included in the Askew Media Web Design's portfolio.
GUARANTEE
I guarantee the functionality and usability of my websites for a period of 2 months, during which time I will make technical alterations free of charge. These conditions are:
• the website has not been altered by a third party
• you have not made changes to the structure of your website, including:
•
changing the design
o removing Askew Media Web Design branding
•
adding or removing menus
•
deleting any files not created by you
• it can not be determined that work you have done on the website has caused the fault
• your account has been paid in full. This guarantee does not include any additions to the website's functionality or changes to the design.
CUSTOMER'S RESPONSIBILITY AND CONTENT
Askew Media Web Design will exercise no control whatsoever over (with exception of sexual content) , nor have any responsibility or liability whatsoever for, the content of the information passing through its network. Askew Media Web Design shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason. Furthermore, Askew Media Web Design shall not be held responsible for maintaining backups of Customer's data in the event of loss or corruption, and Customer accepts sole responsibility for maintaining any such backups. (We do run weekly back-ups of your website and applications, you are ultimately responsible to maintain a current copy of your site other than the one on our server).
All content is the responsibility of the Customer. We only accept original photos for web sites that are provided by the customer or from a licensed image company.
Existing Code with Additions From Us
If your site is an existing site and we add any type of code we only warranty the code that we are creating. We do not warranty your source code as we have not created it. You acknowledge and understand that neither Askew Media Web Design, nor any of its officers or employees, warrant existing source code not created by us. Askew Media Web Design specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied. Under no circumstances, including negligence, shall Askew Media Web Design or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use the existing code; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft or destruction. User ID's and Passwords are needed for us to post your website if you choose that service. We recommend setting up a temporary user id and password if you feel strongly about security. Changing your user id and password is usually done with your Hosting Provider and in some cases can be done on-line. We can arrange the date of your web posting and once your website is posted you can change your user id and password back to what it was. Your User ID's and Passwords shall be provided by you to ASKEW MEDIA WEB DESIGN at your own risk. Askew Media Web Design shall protect your User ID's and Passwords within its business office, but shall not be liable for any unauthorized use of your User ID's and Passwords by persons other than ASKEW MEDIA WEB DESIGN, or its officers and employees. Under no circumstances shall Askew Media Web Design or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages that result or have alleged to have resulted from the unauthorized use of your User ID's and Passwords by persons other than ASKEW MEDIA WEB DESIGN, or its officers and employees.
Virus and File Coverage
Although we scan for virus and file corruption after your website has been created, after it leaves our control whether via posting it for you, sending it via e-mail to you or sending you the code we DO NOT guarantee that virus and/or file corruption will not occur. We recommend running virus protection and scanning disk before loading anything on your computer.
DISCLAIMER AND INDEMNIFICATION
Customer agrees to use our products and services at Customer's own risk. ASKEW MEDIA WEB DESIGN shall not be held liable in any way for any improper or incorrect use of the contents in this website.
ASKEW MEDIA WEB DESIGN specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, regarding the use of this website or its services.
ASKEW MEDIA WEB DESIGN is not responsible or liable for the content of links to other sites, or sites linking to us and does not endorse either.
ASKEW MEDIA WEB DESIGN is not responsible or liable for any types of viruses or issues arising from viruses or malfunctioning computer code because of viruses.
Submitting your contract or online order over the Internet for fax is done at your own risk and discretion. ASKEW MEDIA WEB DESIGN holds has no liability if parties other then ASKEW MEDIA WEB DESIGN's officers and employees obtain the contents of your submission.
Under no circumstances, including negligence, shall ASKEW MEDIA WEB DESIGN or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use this website or its services; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to this website. ASKEW MEDIA WEB DESIGN further shall have no responsibility whatsoever to you or any third party for the accuracy or quality of information obtained through or in connection with this website or any of its services.
Customer shall defend, indemnify, save and hold ASKEW MEDIA WEB DESIGN harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages asserted against ASKEW MEDIA WEB DESIGN , its officers and employees, that may arise or result from this website or its services.
Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the twelve (12) months immediately preceding the claim or the term of this Agreement, whichever is less.
Duplicating or copying any content from this or any ASKEW MEDIA WEB DESIGN website or any patent pending modularized database solution that we create is a direct violation of copyright law. Unauthorized copying, distribution or use is strictly prohibited without written consent from ASKEW MEDIA WEB DESIGN.
All design, images, modular database solutions, control panel administration, functionalities, applications
and text are owned by ASKEW MEDIA WEB DESIGN and are subject to copyright protection. © Askew Media Web Design. All rights reserved.
All other copyrights remain property of their respective owners.
WEB DESIGN PACKAGES SOURCE CODE OWNERSHIP AND WARRANTY
The code that is being created for your web design package is custom created just for your account.
Ownership rights of the code purchased are transferred to the Customer when the project is complete and closed.
Because we are creating a program (website) code ownership allows you to make adjustments, transfer among servers if switching hosts another general business procedures.
Code ownership does not include making derivative works from the source code.
Unauthorized copying, distribution or use is strictly prohibited without written consent from ASKEW MEDIA WEB DESIGN.
Basically we don't want you to take code that is written for a specific project and copy it to make another project with the same code. That would be like buying a copy of any off the shelf code (such as Microsoft Word) and copying it to multiple machines.
You own the code for what is was written for, not to be copied over and over for personal or any type of gain.
We guarantee that the code written is ready to be posted to the World Wide Web and that there are no
malfunctioning links providing we post your website to its proper directory. We DO NOT guarantee:
That you will not inadvertently change the file structure, lose files, corrupt your system or completely have to start from scratch with regards to your website. We have no way of knowing your technical expertise with regards to computer technology. If for some reason you do inadvertently mess up the entire thing, feel free to call us and we will resend your website to you. We do not mind helping out with technical questions. We would rather you contact us if there are any issues than try to fix it yourself, especially if you are not technical with regards to programming technology.
All web design package website code is warranted for 60 days from the completion date except for the following reasons:
(1) If Non ASKEW MEDIA WEB DESIGN staff members access source code all warranties are null and void. Please understand that once a non ASKEW MEDIA WEB DESIGN staff member enters a site created by ASKEW MEDIA WEB DESIGN, we have no way of knowing the technical ability of that person therefore we cannot honor our warranty as that person may have changed the original code.
(2) Changes in transaction methods from 3rd parties.
(3) Changes in 3rd party URL's.
(4) Unforeseen changes from any 3rd party that may break current connection paths (links) to said 3rd party services.
Time to fix any issues created by non ASKEW MEDIA WEB DESIGN staff members will be billed at a specified hourly rate determined solely by ASKEW MEDIA WEB DESIGN.
3RD PARTY HOSTING
ASKEW MEDIA WEB DESIGN may at it's own discretion contract with 3rd party hosting companies to provide such hosting services.
If done, ASKEW MEDIA WEB DESIGN utilizes web hosting services from only reputable companies. As you depend on us for service, we depend on them for service. Due to circumstances beyond our control, downtime can occur. We reserve the right to change carriers at any time without notice.
If logins/passwords are provided to Customer and changed by the Customer, we must be notified immediately. If we are not notified we are not responsible for support.
Under no circumstances do we allow the contact record to be altered. Altering the contact record will result in account cancellation without refund.
You acknowledge and understand that neither ASKEW MEDIA WEB DESIGN, nor any of its officers or employees, warrant the hosting services offered or provided by 3rd party hosting companies. ASKEW MEDIA WEB DESIGN specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the hosting services. You shall be bound by the terms and conditions of the hosting company. Under no circumstances, including negligence, shall ASKEW MEDIA WEB DESIGN or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use the hosting services; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to the hosting service's records, programs or services.
Thank you for your consideration. I look forward to working with you!
Nissa Askew - Web Designer/Owner
Phone: 813 446 7304
Email: info@askewmedia.net
Askew Media Web Design – Tampa, Florida