FDI Creative Services, Inc. Terms & Conditions: V2.02
1. A 50% deposit is required on all services performed by FDI; balance is due upon completion of services. Deposits and milestone payments are non-refundable. Overdue balances of 30 days or greater will result in the termination of project, removal of website content from the Internet and forfeiture of deposit or milestone payments.
2. Once a project deposit is received by FDI, client agrees to provide all necessary materials within 30 days from initial deposit. A project may be considered abandoned if the client does not provide all materials necessary to complete the project within 90 days of receiving the initial deposit.
3. No source code or graphics will be released to clients whose project has been deemed abandoned or if the client cancels the project. Source code, graphics or any work created by FDI will remain the property of FDI until the balance due is paid in full as defined in the FDI project proposal. This includes any riders added to the proposal.
4. Client may cancel project at any time by notifying FDI in writing. Any deposits or milestone payments made to FDI are non-refundable. Regardless of when the project is cancelled, the client remains liable for all billable expenses already incurred by FDI. Client will be liable for any remaining unpaid billable hours. In the event of project cancellation, client will also be responsible for any fees incurred by FDI in order to recoup the balance of payment due. Client remains liable for all billable hours, even if cancelling a project, for any reason. Although every effort is made to meet or exceed our client’s expectations, FDI does not guarantee that we will meet the client’s expectations in every instance.
5. Domain names managed by FDI on our client’s behalf will be released to clients with accounts in good standing and with no outstanding balance.
6. Client authorizes FDI to access administrative areas of web hosting server (either hosted by FDI or third party hosting company), for purposes of publishing, maintaining and removing content in the event that the client’s account is past due.
7. Upon final payment, websites and other digital products become the property of the client, and client acquires a non-exclusive license to the use thereof. Pre-programmed applications may be subject to limitations imposed by licensing agreements by which FDI obtained the applications. The design techniques used by FDI in creating websites and other digital products remain the property of FDI, and FDI reserves the right to utilize such techniques in rendering services to other clients, provided, that such techniques so used shall not contain data proprietary to client.
8. The client represents to FDI Creative Services, Inc. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to FDI Creative Services, Inc. for inclusion in web pages or 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 FDI Creative Services, Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
9. FDI Creative Services, Inc. its principals, staff and contractors are not responsible for any content or claims made by client's website or printed material. Client assumes all responsibility and liability for any rights protected images and/or text provided to FDI. Client is also solely responsible for claims made on printed materials or websites. Client will hold FDI Creative Services, Inc., our staff, principals and contractors blameless for any liability arising from the clients’ website or digital/printed material.
10. Client is responsible for making, creating and maintaining backups of materials created by FDI and/or email. FDI in no way provides data backup services. This includes our web hosting and email services provided to our clients.
11. FDI Creative Services, Inc. does not warrant that the functions contained in web pages or graphic design projects will meet the client's expectations or requirements or that the operation of web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will FDI Creative Services, Inc. be liable to the client or any third party for any damages, including any financial loss or other incidental, consequential or special damages arising out of the operation of or inability to operate web pages or website, even if FDI Creative Services, Inc. has been advised of the possibility of such damages.
12. In the event of a conflict with a provision of the FDI Terms and Conditions and a provision of any other agreements engaged with our clients, either written or verbal, The FDI Terms and Conditions shall prevail.
13. Any disputes in excess of one thousand (1000) US dollars arising out of this Agreement shall be submitted to binding arbitration before the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of FDI.
14. Regardless of the physical location of the client, the client agrees that for purposes of venue, this contract was entered into in Harris County, Texas, and any dispute will be arbitrated in Harris County, Texas according to the rules of the American Arbitration Association.
15. As a service to our customers FDI Creative does allow the use of credit cards as a means of payment. As a condition of using credit cards as payment, the buyer agrees that if the buyer's credit card company successfully charges back any amount to FDI Creative Services, Inc. for any reason, the buyer hereby agrees to repay FDI for such amounts immediately, plus reasonable attorney fees and costs of collection. In cases that the buyer is due a refund, all refund payments will be made to the client via FDI Creative Services, Inc. company check. At no time should the client charge back their credit card.
A 10% chargeback fee, minimum of $100 (whichever is greater), will be added to balances that are charged back to FDI.
16. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.