| Terms and Conditions | |
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The package or service description outlined hereon, or listed on one of our Invoices, is what you will receive for this purchase. Should you desire additional work, other than what is listed hereon, you may be charged an additional fee, depending on the degree of difficulty. Changes to the design project and/or additional work requested, may extend the Completion Time listed hereon. |
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The design process will be followed as outlined on this page http://www.dbycm.com/design-process.htm of our web site. |
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A non-refundable retainer fee is due prior to project's commencement; no exception will be made. The balance on the account is due upon completion. For projects above $3,000, scheduled installments are available. Designs by CM will hold rights to domain, hosting, all web files, email and site login information, until account is paid in-full. |
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Client grants Designs by CM the right to use the completed web site for promotional purposes and/or to link it from and use in promotional materials as an example of our work. |
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In no way should Customer advertise or promote this project until it is complete. Completion is defined as Customer's final review of project, payment on the account is made in-full and files are transmitted to Customer. Designs by CM will make every effort to have the project finished by Completion Time frame given hereon; but in no way will Designs by CM be held liable for any loss of advertisement nor profits to Customer, nor any third party, for not meeting Completion Time listed hereon. The Completion Time given hereon is an approximate time and should not be misconstrued to mean anything else. |
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After project's completion, the entire risk as to the quality and performance of the project rests with Customer and Customer's ability to maintain the website. In no event will Designs by CM be held liable to the Client, nor any third party, for any damages, including, but not limited to, service interruptions caused by acts of God, the hosting service or any other circumstances beyond our control; any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this design project; failure of any service provider, or any telecommunications carrier, or the internet backbone, of any internet servers, you or your site visitor's computer or your site visitor's internet software. Designs by CM will provide a completed project to Customer and it is then the complete responsibility of Customer to keep and maintain the project in good working order. Any damages done to the coding or site files by Customer who decides to alter same, shall rest on Customer and Customer may be charged additional fee to restore the working files to their original state. |
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There are
those who try to abuse our kindness and therefore
this statement has become necessary to put into
plain writing for "those" kinds of folks: Designs by CM will not be responsible for your ability nor inability to use a computer system, a computer system's software, a web site, a web site software, etc. Designs by CM's job is to create and perform the service work you request. After completion and payment of said work, the stability of the files created for Customer for use on Customer's web site or Customer's third-party web site, shall be the Customer's sole responsibility to maintain (unless Customer pays a monthly maintenance contract to Designs by CM). Any Customer who overwrites the web files provided by Designs by CM to Customer, for whatever the reason, will not be the responsibility of Designs by CM. Customer is solely responsible for overwriting files, deletion of them, distortion of them, etc. Designs by CM is employed to create what the Customer desires, install it, make sure it works, and then pass on the upkeep of these files to the Customer (unless Customer pays a monthly maintenance contact to Designs by CM). After Designs by CM is done with any project, the Customer is in charge of maintaining a stable environment for his/her web files and Designs by CM will not be held liable for Customer's knowledge or the lack of knowledge to maintain any web site nor any desktop software. Designs by CM is not being hired by Customer to be a "teacher". Designs by CM is hired to create web files, change existing web files and other service work. It is not the responsibility of Designs by CM to teach the Customer anything relating to the everyday operation of the web nor any software on Customer's desktop computer. Customer must have basic knowledge of the web before embarking on such an endeavor of having a web site built and must have basic knowledge of all the motions, actions and movements involved with simply getting around on the web. Customer assumes all tasks related to the simple operation of web surfing and owning a web site and understands that Designs by CM is not here to provide education to the Customer. Designs by CM will not be badgered by a Customer who obviously does not possess these simple skills and refuses to acknowledge same. |
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Any and all terms and conditions set forth hereon are subject to change without individual notice to any current contracted customer. A visit to this website will provide both a current customer and potential new customer with most current terms and conditions. |