TERMS of SERVICE
August 99, Inc., (“A99″) will facilitate the creation of all necessary change procedures with the client under the below agreement.
- Fees and Payment Terms. Client is required to pay a down payment specified in the invoice upon signing of this Agreement. The remaining balance shall be due upon completion of the Project.
- Scope of Work: A99 will facilitate the creation of all necessary change procedures with Client, particularly: PSD to HTML, CSS, will ensure HTML works in latest browsers (Chrome, Safari, FireFox, IE), will ensure HTML is compatible with IE6 and IE7, will ensure conversion works on mobile browsers (iPad and Android). Client agrees to be responsible for all equipment and software (PSD) necessary to access A99′s services.
- Copyrights and Trademarks. Client unconditionally guarantees that any content furnished to A99 for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these content, and will hold harmless, protect, indemnify and defend A99 and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such content furnished by the Client.
Domain names purchased by A99 and website designs, databases, stores, or programs created by A99, are the property of A99 until Client has paid all fees including one full year of monthly hosting.
- Acceptable Use Policy (AUP). AUP is incorporated by reference in Client’s hosting services agreement with A99. Services may be suspended or terminated for violation of this AUP. Inquiries regarding the AUP should be directed [email protected]
- Progress Reports. Client is entitled to status reports of works in progress.
- Testing and Acceptance of Results. Client is responsible for testing and approving the functionality of all Services upon A99′s request and notification that the Services and/or website or marketing services have been completed. Client will inform A99 in writing, within 5 business days from receipt of notice, whether it accepts or rejects the final work of A99, or notifies any corrections and suggest a date for completion of required corrections. Failure to respond with the required period will be deemed an approval of Client of the final work of A99.
- Storage, Internet Access, Marketing Representations. Client acknowledges that A99 is not responsible for backing up Client’s website and data. Client is solely responsible for the access to internet. A99 makes no representations as to the marketing of Client’s products, services or sales.
- Additional Services. Any additions or changes to Services requested by Client outside the scope of the original terms of this Agreement will be billed at an hourly rate of $25.
- Warranty, Support and Maintenance. A99 will provide reasonable technical support and assistance to maintain and update the Services and/or website without additional cost, for a period of 60 days from publishing the Service and/or website on its final domain name with a maximum of two (2) hours. Any excess hours thereof will be billed at $25 per hour. After expiration of the Warranty Period, Client may enter into a new agreement with A99 for Services and/or website maintenance.
- Updates to Live Website. Based on Client’s monthly website service package, A99 may provide 4 to 12 hours annually of free updates and changes or design/development hours available to Client to use after the website is live. Any excess of Client’s available design hours will be billed at the standard hourly rate.
- Domain Names/Hosting Agreement (Optional). Client has the option to agree to a 1 year hosting commitment with A99, after which a month-to-month basis shall be continued which shall be billed every 30 days.
- Use of Client Information. Client hereby gives permission to A99 to use samples or links to Client’s custom website designed by A99 for marketing and advertising purposes.
- Contract Service Providers. A99 may contract with Contract Service Providers to complete a portion, or all, of the Client’s custom website and or Services. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider or any A99 employee directly for services. All payments for services rendered must be made directly to A99.
- Termination. A99, at its sole discretion, may terminate its Services and remove any content, for any reason, such as but not limited to (i) for lack of use, (ii) A99 believes Client has violated this Agreement, (iii) accounts are 30-days delinquent, (iv) unacceptable practices such as but not limited to pornographic material, offensive material, gambling, defamatory and other activities that A99 deems to be unacceptable; and A99 may discontinue providing Services, with or without notice. If Client terminates account before the Services is completed and with 30-days written prior notice, a cancellation fee is retained and no back-up copy will be maintained by A99. Termination under this provision is without prejudice to any unpaid fees incurred prior to termination’s effective date.
- Cancellation Fee and Refund Policy. Within 15 days of the initial sale and prior to the completion of the website, refunds or fees paid may be allowed for a minimum retention by A99 of: (i) 25% for no works started and no contents submitted; (ii) 50% if work has been presented to Client, or A99 made multiple attempts to work with Client and no response has been made; (iii) 100% and no refund if there are any changes and/or modifications made requested by Client on completed works and/or website is taken live; (iv) 100% and no refund if Client cancels after 90 days from the initial sale; (v) 100% and no refund for work begun on any enhancements, which is separate from the original sale, purchased; and (vi) no refund on monthly hosting fees or additional services fees incurred or paid by Client prior to cancellation date.
- Billing Disputes. A99 charges up to a $25.00 fee for returned checks and a $200.00 fee to handle unauthorized credit card disputes. If A99 does not receive payment in full when due, A99 may, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $5 per month, whichever is greater, on any unpaid balance.
- Amendments to Guidelines. Client acknowledges that A99 may establish general guidelines and limits concerning the use of A99′s Services and may modify these guidelines at any time.
- Disclaimer of Warranties, Limitation of Liabilities, Force Majeure. CLIENT’S USE OF A99′S SERVICES IS AT CLIENT’S OWN RISK. A99′S SERVICES ARE PROVIDED “AS IS”. CLIENT UNDERSTANDS AND AGREES THAT A99 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE A99′S SERVICES, RELIANCE ON A99′S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF A99′S SERVICES. Without limiting the foregoing, under no circumstance shall A99 be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control
- Notices. All notices required under this Agreement shall be in English writing, and shall be delivered personally, or email, facsimile, certified mail, postage prepaid addressed to: August 99, Inc. Unit 1015 Net Lima 5th Ave. cor. 26th Street, Bonifacio Global City, Taguig City, Philippines.
- Severability. In the event that any provision hereof is found invalid or unenforceable , the remainder of the TOS shall remain valid and enforceable.
- Governing law, Jurisdiction, venue. The TOS agreement shall be governed by the laws of the Republic of the Philippines. Any suit or legal action arising out of or in any way connected with this TOS shall be instituted and brought solely before the courts of Taguig City, Philippines only, to the exclusion of all other courts.