Terms and Conditions
Terms and Conditions
Eye To Eye Multimedia (ETEMM) is a sub division of our main parent company, Eye To Eye Graphics (ETEG).
1.INTRODUCTION
The following information outlines Eye To Eye Graphics (ETEG) Terms and Conditions for Client. A copy of these Terms and Conditions will be included in the Project Plan/Agreement. Eye To Eye Multimedia (ETEMM) will be classified under our main registered company name in the state of New Jersey, Eye To Eye Graphics (ETEG), and Client will be classified as same throughout the following Terms and Conditions.
2. PROJECT PLAN/AGREEMENT
Client will receive a Project Plan/Agreement stating the Client is hiring Eye To Eye Graphics (ETEG) for multimedia services offered such as, website design/development, video services, presentation services, or other visual communication. The Project Plan/Agreement will include type of production, cost, estimated delivery date, copy of Terms and Conditions, and signature agreement section.
Description of project production will be outlined in Project Plan/Agreement – Scope of Work, which will include the specific multimedia service offered. Upon completion of project, ETEG and Client will initial signature agreement section confirming project is complete and agree any future production and/or revisions on project will include a new Project Plan/Agreement for said production/revisions.
3. WEBSITES BROWSERS
Websites designed and developed by ETEG will be tested in current browser versions of Explorer, Firefox, Safari, Chrome and Opera on Windows and Apple operating systems for functionality. During this testing phase, ETEG will make every effort to assure Client website will function correctly in current browsers. We do not guarantee websites to function correctly in browser versions released up to and/or older than five years. If requested by client, we will insert information on a web page that advises viewers to update to the latest browser for correct functionality.
4. DOMAIN NAMES AND HOSTING
ETEG website packages which include domain name registration for one year will use Client mailing address, email, and contact information when registering name. ETEG will pay the one year fee. Client will be responsible for domain name registration payments thereafter. Client will not hold ETEG accountable if domain name expires due to Client not renewing domain name and paying registration fee.
If Client is hosting with ETEG and has an established domain name registered, ETEG will request Client to complete a DNS (Domain Name Server) transfer update with the hosting company. ETEG will supply procedures to achieve transfer to Client.
If Client is using a different hosting company, ETEG will request user name and password for uploading files using FTP (File Transfer Protocol) to server.
5. CONTENT
Client agrees to supply ETEG with all necessary material items that relate to Clients’ company for project. These items include but are not limited to all text copy for project submitted in digital form such as a Word.doc, Adobe .PDF, or other word processing format. These items also include any visual branding of Client company such as logo, color scheme, photographs, and other material for purpose of project.
ETEG reserves the right to refuse projects and/or upload media to our hosting server;
a) which is unlawful or inappropriate;
b) which contains a virus or hostile program;
c) which constitutes harassment, racism, violence, obscenity, harmful intent or spamming;
d) which contains pornography;
e) which constitutes a criminal offense, infringes privacy or copyright;
f) which is questionable at ETEG own discretion.
6. TRADEMARKS and COPYRIGHT
Client will confirm with ETEG and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ETEG for inclusion in projects are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ETEG from any claim or suit arising from the use of such elements furnished by the Client.
The project copyright and all files relating to it will become property of Client once payment is received in full.
7. PROJECT DELIVERY
Estimated time for completion of project will be outlined in Project Plan/Agreement. Completion date is based on production, development, creation, and design according to type of project. Completion date is also based on Client providing material required to complete project by estimated date. ETEG will not be liable for delays if material requested from Client is not supplied in a necessary time frame to complete and deliver project outlined in time estimate within Project Plan/Agreement. Payment by check may delay production. Please see PAYMENTS section below.
8. PAYMENTS
A 50% deposit of total quote for project outlined in the Project Plan/Agreement shall be remitted upon signing Agreement. Client agrees to pay remaining 50% balance of project cost in full prior to transfer of project and/or site ownership. The project will remain the property of ETEG until paid in full. ETEG reserves the right to deliver project or remove site from service until paid in full.
Payments can be made with credit cards or bank transfer using PayPal, or company/personal checks. A PayPal account is not required to make payment. Company or personal checks need to clear first to begin or complete project and may delay completion date. Checks can be made out to our business account, Eye To Eye Graphics. New Jersey residents will have 7% state sales tax added to total. No tax for out-of-state orders.
9. TERMINATION/CANCELLATION
ETEG may terminate/cancel project under these Terms and Conditions at any time, without penalty, if the Client fails to comply with them. Failure to comply with these Terms and Conditions where ETEG would need to refer the matter to an attorney, the Client agrees to pay a reasonable attorney fee. Client also agrees to compensate ETEG for other collection costs and expenses. Client also has this option.
If client decides to cancel project before production begins, the 50% deposit remitted upon signing Project Plan/Agreement is non-refundable and covers ETEG administrative costs for preparation, consultation, communication, and other administrative tasks related to Clients’ project.
If client decides to cancel project after production begins, the 50% deposit remitted upon signing Project Plan/Agreement is non-refundable and deemed as payment for services rendered to date. All files are property of ETEG and are not transferrable.
If client decides to cancel project near production completion, the 50% deposit remitted upon signing Project Plan/Agreement is non-refundable and deemed as payment for services rendered to date. The remaining 50% balance of project will be due according to total cost of project and deemed as payment for services rendered to date. All files become property of ETEG and are not transferable unless requested in writing within ten (10) business days from cancellation request. All files will remain property of ETEG if written request is not received within ten (10) business days.
10. COMPANY LINK
Client agrees that ETEG may put a small text link to Eye To Eye Multimedia (ETEMM) website, a division of Eye To Eye Graphics (ETEG), on the bottom of their project for design credit and advertising. Client also agrees that the project created for the Client may be included in the ETEG online portfolio.
11. PRIVACY
ETEG, its employees and subcontractors agree that it will not at any time disclose or sell any private or confidential information to any company or person whatsoever.
12. PERFORMANCE LIABILITY
ETEG will not be held liable if operation of Client website is disabled or off-line for any amount of time from an act of God, power outage, or other interruption of service which ETEG has no control over. In no event will ETEG be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of natural interruptions. ETEG will make every effort to enable site if it is caused from technical error. Client is made aware that site may be disabled for a short time for any future server maintenance.
13. REVISIONS
Future revisions to these Terms and Condition may be edited without notice.
14. SUMMARY
These Terms and Conditions will constitute a sole agreement between ETEG and Client regarding multimedia services offered by ETEG and becomes effective only when Project Plan/Agreement is signed by both parties.
Total sum of project specified in the Project Plan/Agreement will be honored after both parties sign the Project Plan/Agreement. Additional services after that time will require a new Project Plan/Agreement.
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of New Jersey and The United States of America. The parties signing the Project Plan/Agreement will execute these Terms and Conditions stated in lines one (1) through fourteen (14) above, starting on the date signed within Project Plan/Agreement.
March 2010
