Please read the following information in regards to submitting a project proposal, or committing to a project. Confirmation (including verbal confirmation) of a received project proposal or quote shall be deemed a contractual agreement between Alienworx Media Solutions and the client, whereupon these Terms & Agreements will apply and shall constitute the entire agreement between Alienworx Media Solutions and the client.
All prices quoted in any proposal are valid for 30 days from the date of proposal.
Alienworx Media Solutions shall, under no circumstances, be liable for any damages resulting from loss of profits or any interruption of business arising out of or in connection with these Terms & Agreements.
If at any time during the term of the agreement a client fails to meet acceptable standards of creditworthiness, Alienworx Media Solutions reserves the right to invoice the client in advance the full amount of any further work.
Alienworx Media Solutions is partly a consulting firm. Meaning Alienworx Media Solutions has the right to decline a client's request for certain design elements.
In addition to any payment terms set out below, and excepting web development where special terms apply, Alienworx Media Solutions’ payment terms are on receipt of invoice, unless otherwise stated and agreed in writing. Alienworx Media Solutions does not extend credit and reserves the right to request payment of a deposit (up to 100%) on all new accounts.
Invoices are sent electronically and a copy may be sent by regular post. Payment by EFT (electronic funds transfer) is the preferred method of payment, and bank details will be supplied to the client to facilitate payment. Alienworx Media Solutions accepts payment in cash, by electronic transfer and by cheque. If a client wishes to pay using cheque, work will not commence until funds have cleared.
Accounts that remain unpaid seven (10) days after date of invoice will have all projects halted until payment is received in full.
Alienworx Media Solutions reserves the right to charge interest on any late pending payments. This interest charge may be up to 5%.
Any payment returned by the bank due to insufficient funds will incur a $20 administration charge. This will be added to the total outstanding amount owed by the client.
Alienworx Media Solutions reserves the right to request full payment in advance from any client requiring further services, where that client has previously defaulted on payment.
Alienworx Media Solutions reserves the right to suspend the website of any client whose account has outstanding payments.
Following receipt of a confirmed quote or proposal, the client will be invoiced 50% of the total web site design fee. Payment of the initial 50% fee falls due immediately and is required prior to any work being undertaken. Where applicable, the remaining 50% will be invoiced when either: the website is completed and prior to launch to "live status", or at 90 days from the date the order was confirmed if the site is not completed as a result of the content not being supplied by the client. Payment of the final 50% (where applicable) is required in full prior to the site "going live".
Web sites will be constructed in accordance with the client's instructions as specified on the order. Any additions or alterations to the brief made by the client once an order has been accepted by Alienworx Media Solutions will be carried out at the discretion of Alienworx Media Solutions, and where such additions and alterations are agreed, Alienworx Media Solutions reserves the right to charge an according amount for these and for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Alienworx Media Solutions all materials required to complete the site to the agreed standard.
Where a date has been given for completion of the site, Alienworx Media Solutions accepts no responsibility for failure to meet the stated deadline where the client is at fault due to: failure to supply the required materials, unavailability, or requiring changes or alterations to the brief. Any client who fails to provide us with the required information within four weeks of project commencement shall be deemed to be in breach of agreement, whereupon Alienworx Media Solutions reserves the right to close the project and the balance remaining will become payable immediately. In simple terms, please don't ask us to start a project unless you are completely ready to proceed.
Once a web site has been commissioned, any final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Once the client's web site has been placed live on the Internet, the client has seven days to make any changes through Alienworx Media Solutions, to the website. After this period, the client is deemed to have accepted that the web site is satisfactory.
Should a client later commission further work to be carried out on, or for inclusion on, the web site, then the client will be invoiced in full for this work whether the client uses the commissioned work on the site or not.
Prices do not include any hardware or software that may be required, unless specified on the order, and do not include any visits requested by the client to configure any hardware or software on the client's equipment.
Prices do not include the cost of any merchant accounts required by the client for on-line credit card transactions.
A design commission does not include maintenance of or updates to the client's site.
Alienworx Media Solutions cannot accept responsibility for any alterations caused by a third party occurring to the client's site once handed to the client. Such alterations include, but are not limited to additions, modifications, deletions or installation of third-party components.
Once the client has paid for a Content Management System Alienworx Media Solutions provides the necessary training and instructions on using the system. Any alterations to the system by a third party or the client itself is not supported by Alienworx Media Solutions.
Alienworx Media Solutions reserves the right to alter any content added by the client using the Content Management System that reflects any portion of the website's design. This includes text colour, text size, text positioning, images and image positioning.
Intellectual property rights - any intellectual property rights generated for a Alienworx Media Solutions client, including, but not limited to trademarks, drawings, diagrams, design, artwork, photographs, digital photographs, Standard HTML, ASP code, PHP code, Perl code, database coding and JavaScript, work manipulated on behalf of a Alienworx Media Solutions client, work commissioned by a Alienworx Media Solutions client, passwords, access codes, & flash code specific to the Alienworx Media Solutions clients' website, will remain the property of Alienworx Media Solutions.
All website content is to be provided by the client, unless otherwise specified by the client at the time of order where intellectual property rights will apply, and no responsibility is taken by Alienworx Media Solutions for any images or text displayed on the website, that subsequently has existing copyright associated with it, that may cause grievance with the original owner.
The client shall represent and warrant that the material supplied is not confidential to or owned by any other person whose written permission has not been granted for use thereof. The client shall indemnify and save Alienworx Media Solutions harmless from any costs, expenses and damages relating to any claim against him whatsoever and howsoever arising from the exercise of intellectual property/copyright rights under this agreement.
Under the 1998 Copyright, Designs and Patents Act, ownership of copyright remains the property of Alienworx Media Solutions as author.
Websites designed and developed by Alienworx Media Solutions will include some SEO and will provide an analytical account with Google Analytics. Any other SEO will be invoiced seperately and charged accordingly.
Any questions regarding these Terms and Agreements can be made through our Contact Page. Alienworx Media Solutions reserves the right to alter at any given time these Terms and Agreements accordingly.