All services provided by AZDeveloper Web Services (AZDeveloper) to the Client are subject to the following terms and conditions.
1. Acceptance. A copy of these terms and conditions must be signed by all new Clients at the time of submission of work to AZDeveloper, indicating agreement to and acceptance of these Terms and Conditions. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions.
2. Charges. Charges for services to be provided by AZDeveloper are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. AZDeveloper reserves the right to alter or decline to provide a quotation after expiry of the 30 days.Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Charges for web design work does not cover the release of source files; if the Client requires these files, they will be subject to a separate quotation.
Payment for services is due by check or paypal transfer. Checks should be made payable to Rich Johnson and sent to PO Box 1342, Gilbert AZ 85299-1342.
3. Client Review. AZDeveloper will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies AZDeveloper otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control. AZDeveloper will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon AZDeveloper receiving initial payment, unless a delay is specifically requested by the Client and agreed by AZDeveloper.In return, the Client agrees to delegate a single individual as a primary contact to aid AZDeveloper with progressing the commission in a satisfactory and expedient manner.
During the project, AZDeveloper will require the Client to provide website content; text, images, movies and sound files. If content is not provided within four (4) weeks of an official request by email then AZDeveloper reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email request then the Client is considered to be in default of the commission, the project will be terminated and the Client sent the final invoice for immediate payment. AZDeveloper will agree, at its discretion, to recommence the commission after agreement is reached on a new quotation document and once the original fees have been paid.
5. Payment. Invoices will be provided by AZDeveloper upon completion of the work for Web Design and any associated services. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Payments are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or $30 per month of the total amount due.
6. Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on AZDeveloper's Web space, AZDeveloper will, at its discretion, remove all such material from its web space. AZDeveloper is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Checks returned for insufficient funds will be assessed a return charge of $35 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay AZDeveloper reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by AZDeveloper in enforcing these Terms and Conditions.
7. Termination. Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
8. Governing Law & Legal Restrictions. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Arizona, United States of America, excluding its conflict of laws rules. You agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of The Southeast Judicial District of the Superior Court of the Maricopa County, Arizona.
9. Copyright. The Client retains the copyright to data, files and graphic logos provided by the Client, and grants AZDeveloper the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting AZDeveloper permission and rights for use of the same and agrees to indemnify and hold harmless AZDeveloper from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to AZDeveloper that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
10. Standard Media Delivery. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by AZDeveloper to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
11. Design Credit. A link to AZDeveloper will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $5,000, a fixed fee of $500 will be applied.
12. Access Requirements. If the Client's website is to be installed on a third-party server, AZDeveloper must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
13. Post-Placement Alterations. AZDeveloper cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
14. Domain Names. AZDeveloper may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of AZDeveloper. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
15. General. These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
16. Liability. AZDeveloper hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of AZDeveloper to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
17. Severability. In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.