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Functional Online.com Service Policy Notice 1. Rates:
The client or an authorized signatory on such contracting party’s behalf acknowledges and agrees that all rates quoted for services provided by Functional Online are estimates only. Final charges assessed upon service completion will be based on the actual length of service provided. Rate estimated for a new website or graphic design project or existing website or graphic design project do not include out-of-pocket costs and expenses incurred in the course of the provision of services (which costs will be billed direct or charged/invoiced separately). All booking and any and all cancellation fees for outside vendor services made by Functional Online on behalf of the undersigned will either be billed direct or be charged/invoiced separately by said vendor providing any such services. Functional Online requires pre-payment in an amount equal to 50% (fifty percent-“Deposit”) of the fee for the total assignment days to be set forth in quotation document to commence the start of a new website or graphic design project. Fees are as follows: Website or Graphic Design $125.00 per hour, Illustration $125.00 per hour, Photoshop $125.00 per hour, Proofreading and Research $125.00 per hour, 1 day Rush Rate 50%-200% increase per hour, Holidays & Weekend Rates 55%-300% increase per hour. All other additions and edits to a website or graphic design project or will require update charges $125.00 and up. Functional Online is to be in receipt of the “Deposit” and a fully signed Agreement (which indicates the estimated length of service and scope of services) no less than five (5) working days prior to the date upon which the provision of services is to commence. Payment in full for finished website or graphic design project is due in upon completion. 2. Additional fees will be charged to Client for revisions, and for all revisions that reflect a new direction for the assignment or new conceptual input. 3. If the client does not make full payment on or before the due date of the account invoice, the account is subject to a service charge of 5% per month of all amounts overdue. 4. The Client's right to use the work is conditioned upon prompt payment. Functionalonline.com reserves the right to deactivate any website or graphic design project from viewing on the Internet until final payment is made. When there is a balance owing Functional Online retains ownership of all original artwork or parts contained therein, whether preliminary or final artwork/parts. 5. Any further website or graphic design on overdue accounts will only occur after the full payment is made on all outstanding invoices. If client has a history of late payment Functionalonline.com reserve the right to have the client pay in advance at an at the hourly rate for all services to be rendered. You will be able to view the design as it will appear online on the functionalonline.com server in a provided link. When the designs and/or services have been paid for in full, they will be uploaded to the client’s server. 6. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the work has been completed. 7. Functional Online does not disburse out-of-pocket costs and expenses incurred in the course of the provision of services. The client is to be charged or invoiced separately by said vendor providing any such services. 8. All payments are to be made in U.S. funds. There is a $50 fee for any returned checks. 9. E-mail is the preferred communication source Telephone conversations in excess of five minutes will be charged at $125.00 per hour. In person meetings are at $250.00 per hour within a 40 mile radius and are billed porthole to porthole. Office hours are: Monday - Friday 9:00 AM - 6:00 PM WST (Western Standard Time) Any required assistance after hours will need to be arranged and the cost is as follows: Monday - Friday: 6:00p.m. - 8:00 p.m. $300.00 and up per hour (one hour minimum) Saturday: 9:00 a.m. - 8:00 p.m. Holidays & Weekend Rates 55%-300% increase per hour (one hour minimum) Sunday: None Available Holidays: None Available 10. Functional Online does not operate or maintain archives of graphics and web design projects as a part of its service package. Not all files are linked to use by permanent URLs. Functional Online is not responsible for archiving files in any way. 11. Reservation of Rights: All rights not expressly granted above are retained by the Artist, including any electronic rights or usage and including, but not limited to, all rights in sketches, comps, or other preliminary materials. Any use additional to that expressly granted above requires arrangement for payment of a separate fee. Original art remains the property of the Artist Functionalonline.com unless expressed otherwise in the agreement. 12. Copyright and Trademarks The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to FUNCTIONAL ONLINE for inclusion in the website or graphic design projects are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend FUNCTIONAL ONLINE and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. The client represents to FUNCTIONAL ONLINE and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to FUNCTIONAL ONLINE for inclusion in website or graphic design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend FUNCTIONAL ONLINE and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. 13. Copyright Notice Infringement Information In accordance with the Digital Millennium Copyright Act, Functional Online has adopted a policy that provides for termination of website or graphic design projects by Functional Online that are found to infringe on copyrights of third parties, with images, text or ideas submitted by the client. If a copyright holder believes that there has been a violation of his or her copyright on a website or graphic design project that is designed by Functional Online, and the copyright holder wants Functional Online to remove the website or graphic design project or disable the material in question, Functional Online will remove the website or graphic design project or disable the material if the copyright holder provides us with all of the following information: A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. 14. Initial Consultation Fees Face-to-Face Consultations: The first in-person, consultation to discuss your site is Free within a 40 mile radius, billed porthole to porthole and is billed at a rate of $85.00 per hour. The appointment can be scheduled as early as 9:00 a.m. and the last appointment of the day is 5:00 p.m. Any initial consultations requested after these hours will require After Hours Consultation fees. All After Hours Consultation fees are due at the time of the meeting. Consultation fees are not credited towards your purchase. Rescheduling your Free Initial Consultation: If you have a scheduled Initial Consultation and need to reschedule, you may call us as soon as you become aware of the need to reschedule or up to 2 hours prior to your consultation. You may leave a voice message if your call is before business hours. If you call to reschedule once a consultant in enroute, any rescheduled consultations will be billed accordingly. No Call No Shows: If you are a No Call - No Show to your initial consultation, any rescheduled consultations will be billed accordingly. Consultation fees are not credited towards your purchase. Telephone Consultations: The first telephone consultation to discuss your site is Free and is for one hour only. During the design of your site, e-mail is the preferred communication source. Short telephone conversations for clarifications are included in your design fees. Long Distance Charges: Long distance charges will apply to all calls made outside of the local Los Angeles calling area and all faxes sent to areas outside of the calling area. The fee is ($0.9166 per minute) for telephone calls and faxes. 15. Miscellany: This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. Any dispute regarding this agreement shall be arbitrated in Los Angeles, California under the rules of the American Arbitration Association and the laws of California. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of California and courts of such State shall have exclusive jurisdiction and venue. |
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