mpaq digital concepts agrees to furnish services to the client, subject to the following Terms of Service.
Use of any mpaq digital concepts service constitutes acceptance and agreement to these Terms of Service.
This document may be changed from time to time at the discretion of mpaq digital concepts. The client understands that change to this document by mpaq digital concepts shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Denton applicable to contracts enforceable in that state. Venue will be Denton County, Texas
1.0 Hourly Rate Services
1.1 Payment Terms
You are required to pay invoices within 30 days of the date on the invoice. If after that time the invoice is unpaid mpaq digital concepts reserves the right to personally remove or demand that you remove from your server or make unavailable the project or web site that is unpaid. If we are unable to receive payment mpaq digital concepts may, at its discretion, use legal measures to receive payment.
10% penalty added if an invoice is not paid within 30 days.
1.2 Service Rates
The client understands the nature of the service provided and that its associated rates and charges have been adequately communicated to the client. The client is also aware that mpaq digital concepts may, at our discretion, change those rates and charges from time to time.
1.3 Ownership
mpaq digital concepts is the legal copyright owner of all unpaid projects or web sites. Once the invoice is paid in full, the web site or project is immediately owned by you and you are the legal copyright holder. We will go back and modify any copyright notices to reflect this change. The exception to this is for source code, all source code will remain the property of mpaq digital concepts and shall not be given to the client under any circumstances.
1.4 Purchase of 3rd Party Artwork
Occasionally when the client does not have photography or artwork suitable for a project, mpaq digital concepts will purchase said artwork for a project. The license to this 3rd party artwork remains with mpaq digital concepts and does not transfer to the client. mpaq digital concepts will generally purchase Royalty-Free artwork, in which case the artwork may be used in future projects without additional cost to the client.
Purchase of and/or the time finding & recommending all still photography or video (collectively known as “artwork”) used on a project will be separate from any quote or estimate given. This will be added to the final project invoice. During the development it will be assumed that any artwork that is not provided by you will be an additional cost. You may provide your own artwork to be incorporated into the project provided that we are given the artwork before we begin.
Generally, the artwork is purchased by mpaq digital concepts upon completion of the website. This gives you ample time to make any necessary changes.
1.4.1 Return Policies for Artwork
Getty Images: After purchase you have 30 days to return the artwork if you are not satisfied, provided that it has not been used in a project where it is not removable (e.g. printed materials). This policy may change without notice, in which case the return policy for Getty Images shall change in accordance with their new policy.
iStockPhoto.com: There is no return policy for iStockPhoto.com. Artwork from iStockPhoto.com is non-refundable due to its low cost. Whether the artwork is used or not you will be billed for the purchase of the artwork.
Return policies for other sources shall use the return policies outlined by that source.
2.0 Hosting or Domain Registration
Our hosting and domain name registration services are provided by a separate service provider. Because of this arrangement there are certain aspects of these services which are out of our control. Including, but not limited to, network availability, speed, and quality of service. In addition to the terms of service in this document you are also bound to the terms of service of the hosting or domain name service provider. We reserve the right to move your website from its current provider to another source if we feel it is necessary to do so. If this is necessary we will do our best to keep any lapse of service to a minimum.
2.0 Payment Terms
You are required to pay hosting fees and domain registration fees within 30 days of the date on the invoice. If payment is not received within this time your website will be unavailable until payment is received. No monetary fines or penalties are charged, your site will simply be unavailable until payment is received. When payment is received the hosting will be re-instated or if your domain name is still available we will renew it. To ensure uninterrupted service please ensure that you pay your hosting and domain name registration fees early.
Hosting fees are non-refundable, all sales are final.
2.1 Service Limitations
The client is not allowed to access the server via FTP, TelNet, or other means of uploading or downloading files to and from the server. Access to the server's administrator, site, or user administrator panel is strictly prohibited. mpaq digital concepts manages all aspects of your website and it's operation. Your service may only be used to host a website, it is not a secondary storage location.
Violation of these service limitation shall be subject to suspension or cancellation of your service (see: "Suspension of Service or Cancellation)
2.2 Service Rates
The client understands the nature of the service provided and that its associated rates and charges have been adequately communicated to the client. The client is also aware that mpaq digital concepts may, at our discretion, change those rates and charges from time to time.
2.3 Suspension of Service or Cancellation
mpaq digital concepts reserves the right to suspend network access to any client if in the judgment of the mpaq digital concepts network administrators the customer's server is the source or target of a violation of any of the other terms of this document or for any other reason which mpaq digital concepts chooses. If inappropriate activity is detected, all accounts of the client in question will be deactivated until an investigation is complete. Prior notification to the client is not assured. The customer will not be credited for the time the customer's service(s) were suspended.
3.0 Non-Hourly Rate Services
Non-Hourly rate services include services such as printing, duplication, and others collectively known as our "branding" services. These services are generally provided by a separate service provider and are beyond the scope of our service offering. We work on your behalf with these service providers.
3.1 Payment Terms
You are required to pay non-hourly rate fees upon delivery of the service provided. At our discretion we may request that you send payment directly to the service provider not to mpaq digital concepts. You will no be able to take delivery of the product or service until payment is made in full.
3.2 Service Rates
The client understands the nature of the service provided and that its associated rates and charges have been adequately communicated to the client. The client is also aware that mpaq digital concepts may, at our discretion or the discretion of the service provider, change those rates and charges from time to time.
4.0 Limitation of Liability / Disclaimer of Warranty
mpaq digital concepts, its directors, employees, and affiliates shall be held blameless against, but not limited to, any loss of profits, and loss of business productivity, direct, indirect, incidental, punitive, and consequential damages due to, but not limited to, the site being unavailable, defective, or hijacked.
UNLESS OTHERWISE PROVIDED FOR IN A SEPARATE LICENSE AGREEMENT OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER IMPLIED OR STATED.
5.0 Severability
If any provision of this document shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this document is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, constructed, and enforced as so limited.
Last updated on: 1/5/2005
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