Website Terms and Conditions

Definitions

“aloha.af” and “Company” shall hereinafter refer to the owners, shareholders, partners and contractors involved in the operation of aloha.af.

“Customer” or “Client” shall hereinafter refer to You the purchasing party.

Agreement

By purchasing a web design product from us (aloha.af), you (the customer) agree that you have the authority to enter into this contract on behalf of yourself, your company or your organisation. You will give us the assets and information we tell you we need to complete the project in a timely and appropriate manner. You will review our work, provide feedback and approval in a timely manner too. You also agree to stick to the payment schedule set out at the end of this contract.

Scope of work

Our team will develop a website in accordance with the selected options in your purchase or as laid out and agreed upon in other written or electronic communications with the customer.

Changes and revisions

We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks which will be billed to client and may be subject to to invoicing separate from the final invoice.

Legal stuff

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Intellectual Property + Copyrights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selfs, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.

You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.

We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Your Investment

If at any point during the project if you wish to cancel you will be asked to pay a percentage of the remaining total that is equivalent to our progress on the site in relation to its due date plus 10%, as well as the cost of anything additional in the the website building process.

If you have paid a deposit on your site you will be billed for the final cost of your product once you have received and accepted the work. This bill may include things such as hourly rates or costs for additional functionality that exists outside the scope of work detailed in your purchase.

Moving Forward

Your site comes included with 5 hours of maintenance and support. Additional support hours are billed at $80.00. I highly recommend purchasing a Site Maintenance, Backup + Security plan to reduce the need for lengthy support due to simple errors.

If there are any outstanding debts owed to aloha.af or associates they will be billed to client at the end of the project with Net15 terms.

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