1. PAYMENT: Before commencement of work, owner shall make any down payments agreed to The Recendez Group. The entire contract price is due upon completion of work.
2. DELAY: The Recendez Group shall be excused for any delay in the completion of the contract caused by inclement weather, actions of the owner or owners agents, labor trouble, acts of public utilities, public bodies or inspectors, failure of the owner to make progress payments promptly, unavailability of materials from suppliers or other contingencies unforeseen or beyond a reasonable control of the Recendez Group.
3. LIMITATIONS: All copyrights are reserved by The Recendez Group. These broadly include the rights to copy, display, distribute, perform, or create a derivative work from an existing work, unless otherwise stated in writing, and agreed upon by both parties. All Intellectual Properties that CLEARLY belong to the client’s and not the property of The Recendez Group, will remain the client’s. No questions asked. (see below)
4. INTELLECTUAL PROPERTY POLICY: The Recendez Group (rgdmc) respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. rgdmc may terminate accounts for copyright or trademark infringement, or for any other reason rgdmc deems appropriate as it may relate to Client’s use of another’s intellectual property. If you believe your work has been copied and is accessible on an rgdmc’s website please call us immediately.
The Recendez Group will not use copyrighted or trademarked materials on any Client’s website without the express written consent of the copyright or trademark owner. It is Client’s responsibility to ensure that all content submitted to rgdmc is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client’s website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or the look and feel of Client’s website.
Client content that is sent to the Digital Media Consultants at the Recendez Group will remain the intellectual property of the Client. The Recendez Group does not return original content to the Client. Unless a request to return the original content to the Client is made in writing (electronic or by mail) upon submission of the content, the content will be destroyed. The Recendez Group will attempt to honor requests to return original content; however, rgdmc has no liability and does not guarantee the return of any content to Client.
Domain names purchased by the Recendez Group and website designs, databases, stores, or programs created by rgdmc are the property of rgdmc until Client has paid all fees including one full year of monthly hosting.
5. WEBSITE CONSTRUCTION PROCEDURE: With help and input from the Client, RGDMC will develop the website. Before work may begin on a website, the Client must electronically accept these Terms of Service. Client may submit content to RGDMC through RGDMC’s online Web Center.
In submitting content, links to sample sites the Client likes are for general information purposes only and assist RGDMC with the design of the Client’s custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in RGDMC’s invoice and/or Database Specifications Summaries and do not infringe upon the intellectual property rights of others.
RGDMC will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.
6. COMPLETION TIME-FRAMES: Client understands, agrees and acknowledges that RGDMC does not guarantee a time frame for completion of ANY website. This is in part because it is difficult to complete a website without design approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the site design, the completion time frame is increased. Other factors that may influence the completion date of a website include, but are not limited to, complexity of Client’s project(s), availability of RGDMC personnel, accounting status of Client’s account, etc.
If Client does not respond to RGDMC communications and, as a result, RGDMC is not able to start or complete the website, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Client’s website requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.
7. CLIENT APPROVAL: Client is responsible for testing the functionality of the website upon RGDMC’s request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, database, e-commerce store, payment functions, galleries, forums etc.
Client website may be posted live as soon as the website design is completed by RGDMC. Additional features, such as custom database programming, flash programming, etc., will be added to the site as they are completed. The website may be posted live within 30 days from purchase if RGDMC is required to complete content and design without complete Client input or content from Client.
The Client understands and agrees that if the Client does not respond within 5 business days to RGDMC’s request for approval and notification that the website has been completed and taken live, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website has been tested and approved by the Client.
The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to RGDMC’s notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information “as-is” or “under construction”.
In the event that RGDMC completes all of the work per the original sale and database write ups, RGDMC reserves the right to move the site live and deem the work to be completed without Client’s permission if Client will not give approval of the work.
8. SCOPE OF WORK: Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Client invoice and/or Database Specifications Summary lists the specific features, functionality and number of pages purchased. The website only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.
9. WEBSITE CHANGE REQUESTS BEFORE AND AFTER SITE IS LIVE: RGDMC agrees to build a website and/or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at RGDMC’s standard hourly rate. RGDMC is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If RGDMC does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
10. DATABASE/PROGRAMMING: RGDMC does not guarantee a time frame for completion of ANY custom database or custom programming completed by RGDMC or an RGDMC Partner. If database is completed by RGDMC A custom “Database Specifications Summary” may be presented to the Client. RGDMC agrees to complete the database design according to the specifications outlined. If the Client does not object or respond to the Database Specifications Summary in writing within 5 business days it will be deemed to be accepted by the Client and RGDMC may proceed with development of the custom database as outlined. A Database Specifications Summary may not be presented to the Client for purchase of pre-built database modules and e-commerce store modules.
If Client requests changes to a pre-packaged database, pre-built database module, or e-commerce store module, changes are to be billed to Client at RGDMC’s standard hourly rate. There is no guarantee that changes made by RGDMC to a pre-packaged database, pre-built database module, or e-commerce store module will work. Client agrees charges are valid and agrees to pay for all fees incurred for Client’s requested changes to pre-packaged databases, pre-built databases modules, or e-commerce store modules. Once work has begun on a database or custom programming there is No Refund if cancelled.
Client is responsible for testing the functionality of the website upon RGDMC’s request for approval and notification that the website has been completed. This includes, but is not limited to, testing the functionality of the custom database or programming. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.
RGDMC will instruct Client as to the use of the custom database and the inputting of data related to such database. However, data entry is the sole responsibility of the Client. If the Client requests RGDMC to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at RGDMC’s standard data entry rates.
11. E-COMMERCE/STORES: Client will be provided with instructions to input products into the store. If Client requests RGDMC to enter products into the store on Client’s behalf, the Client will be charged, and agrees to pay, for each product added to the store at RGDMC’s standard product-entry rates. Client is required to submit store content to RGDMC via RGDMC’s content portal. The e-commerce store module is pre-built and any changes to the look or functionality of the pre-built store require custom programming. The Client will be billed at RGDMC’s standard hourly rate for requested changes. (See Database/Programming)
Client is responsible for testing the functionality of the e-commerce store upon RGDMC’s request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. RGDMC is not responsible for functionality of third-party services such as, but not limited to, merchant account, or gateway. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.
12. ENHANCEMENTS TO WEBSITE: Client may purchase enhancements to the website at the time of initial sale or anytime thereafter. Enhancements to the website may include, but are not limited to, custom programming, database, flash, e-commerce, logos, galleries, rollovers, etc. Client’s requests for enhancements to the original sale will be due and billed separately and at the time of request. The monthly hosting fee will be adjusted according to the enhancements requested or the hosting package selected by Client.
Some enhancements such as, but not limited to, flash, custom programming, functionality, etc, may require that a specifications summary be presented to the Client. If the Client does not object to the specifications summary within 5 business days, the summary will be deemed to be accepted, and RGDMC will proceed with the development as outlined. Once work has begun on enhancements purchased by the Client there is No Refund if cancelled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.
13. EXPEDITED SERVICES: While RGDMC does not guarantee a time frame for the completion of any custom website, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by RGDMC at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s website including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that RGDMC will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.
The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of any and all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by RGDMC and Client’s timely cooperation with RGDMC in any solicitation for information related to the website’s development.
If expedited service is offered to Client by RGDMC, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the website, i.e. database, flash, e-commerce, design, and not necessarily to multiple elements of the website or to the website collectively. Under no circumstances will RGDMC guarantee the respective portion or portions of the website subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide RGDMC with requested information in a timely manner, RGDMC reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to RGDMC for any and all other charges related to the website’s development.
14. Additional Services: Client may purchase at an additional monthly cost additional services offered by RGDMC. Additional monthly services may include, but are not limited to, the Web Traffic Director program (WTD), spam filters, and back-up software. Additional monthly services include a monthly fee that is incurred and billed every month beginning from the date of purchase of the additional service. RGDMC will Not Refund any fees incurred for additional services or paid by the Client prior to the cancellation effective date for the additional service. Any fees invoiced and incurred are valid and Client agrees to pay. Additional services purchased may be cancelled with 3 days written notice.
15. ATTORNEY’S FEES: Should any action be taken or any remedy sought by The Recendez Group to enforce any provision of this contract relating to the payment for work and materials or for failure to return samples to The Recendez Group whether for damages at low or in equity, The Recendez Group shall be entitled to collection costs, including any collection agency charges, court costs and expenses, and reasonable attorneys fees, from the buyer.
16. TAX INFORMATION: The Recendez Group is not a Tax adviser. All statements about tax credits, deductions, and rebates are from information believed to be correct, but The Recendez Group assumes no responsibility for any inaccuracies of the applicability to the client’s specific circumstances. Any tax information must be verified by the owner’s tax adviser.
17. NOTICE: Any notice required or allowed under this contract may be given by one party to the other from time to time. After the notice is deposited in the mail, postage prepaid, it shall be considered received.
18. WARRANTIES AND REPRESENTATIONS: The Recendez Group has made no warranties, representations, or proposals, other than those explicitly stated in writing herein.
19. ENTIRE AGREEMENT: This contract constitutes the entire agreement and no other, whether collateral, verbal, or otherwise shall be binding unless signed in writing by both parties.
20. VENUE: In the event that legal action is necessary to enforce the terms of his contract, such litigation shall take place in the Fresno County Superior Court in Fresno, California.
21. PRICING: Prices and Terms of Conditions are subject to change at any time without notice, and some items are limited to stock on hand. We reserve the right to refuse service to anyone or to honor any incorrect Internet prices as we cannot account for the occasional human error. Any unique pricing package is only valid for the term(s) of agreement(s) by both parties as stated in the work order.
22. TERMS OF CONTRACT: Terms and conditions are subject to change at any time without notice. If, after this contract is accepted by both parties, it is discovered that work cannot be completed as proposed due to governmental or local requirements, or acts of God, including, but not limited to: riot, war, weather, earthquake, or strike; the contract shall be void and any down payment if applicable shall be returned and both parties shall hold each other harmless. Refund request must be submitted in writing, and be done before the 10th day of original project start date.