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Terms and Condition of Service
- Authorization: The client authorizes ASD, employees and agents to develop its web site.
- Client Legal Rights: The client is the legal owner, representative, or otherwise has a legitimate right to the web site and disclosed corporate intellectual properties for the development and maintenance of the web site. ASD shall have no liability to the client or any third party.
- Project Development Schedule & Client Responsibilities: Unless a detail project Response to a Request for Proposal (R-RTQ) is provided, all projects will be completed and launched within the standard 2-4 weeks. All website solution packages have an allocated number of development hours to it, sufficient to complete and launch the project. If the project requires more development time than is allocated for it, the Client agrees to pay for any overages or additional hours required to complete the project which will be billed as ongoing technical support rates (see below). It is the responsibility of the client, using the project management and reporting tools provided online, to actively manage both the financial aspects of the project. It is the responsibility of the client to make sure that all required information necessary to completing the project, including but not limited to domain name registration, web site content, verbiage, graphics, multi-media and other information is provided on within the 3 days of starting the project. It is the responsibility of the Client to make him/herself readily available to project manager & developers and respond in a timely manner to inquiries. Project launch date is determined by the number of development hours required to complete the project.
- Ongoing Technical Support: After Completion, Review and Launch of the project, ASD will continue to provides full on-going priority technical support for the Client and the web site. Each Client is assigned a Personal Technical Project Manager who is be the point for contact for the Client. Client is provided with 1 free hour of consultation with Personal Technical Project Manager every month. Additional client consultation is billable. Excluding project consultation, clients are fully advised of any and all billable technical support BEFORE work is done and billable technical support REQUIRES the approval of the Client BEFORE work is done. Technical Support for the project may only be requested by persons that the Client has authorized in writing. Client may authorize additional persons to request technical support for the project by completing Technical Support Authorization Form and return it by fax ATTN: Job-Track to 866.666.8673. Clients are completely responsible for keeping track of how much technical support they and their agents requests and approves. All technical support requests are fully documented, automatically tracked and managed by our online Job-Track manager. Clients are able to track, evaluate and approve each request, view estimated (quoted) time of completion and communicate with Project Managers. Job-Track is available online to Clients 24x7, enabling real control over your website project IT budget.
Ongoing Technical Support Billing: All Clients are on a Net 15 day Post-Pay billing. Qualified Clients can request a Net 30 Day Post-pay billing with Auto-Pay enabled. Post-pay technical support is $ 50/hr; invoices are automatically generated on the middle (14th) and last day (28th -31st) of every month. Invoices are emailed to the email address of the billing contact on file for the project. Invoices are automatically charged to the credit card information for billing account on file. ASD offers Pre-pay Technical Support Packages to even reduce your website IT costs further. Pre-paid support hours have not expiration, and are available to the Client until used up.
- Invoices & Payments: All invoices are automatically created and delivered electronically to the Client email address provided by the Client. Client agrees to make timely payments according to the ASD 1 Year Interest-Free (0%) Payment Plan Schedule for which web site development service is provided. The Payment Plan Schedule is effective from date of purchased by Client. The Client is required to maintain a valid billable credit card on each project at all times. Clients payments are to be automatically invoiced according to the Payment Plan Schedule selected by the Client. Individual check payments are accepted only for payments of $ 5000 or more. ALL invoices including scheduled payment plan and hosting fees are due on invoice due dates or according to the selected payment plan irrespective of the completion and/or launch status of your website.
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Late Fees and Penalties: If multiple payments are made late, ASD reserves the right to cancel the Payment Plan Schedule and demand full payment of any outstanding balance. ALL invoices including scheduled payment plan and hosting fees are due on invoice due dates and/or according to the selected payment plan irrespective of the completion and/or launch status of your website. Below is the complete penalty schedule applied for past-due invoices.
| Extent of Lateness |
Penalty |
| 1 week after due date |
A minimum of $ 25 or 5% late fee charged on total amount due |
| 2 weeks after due date |
Suspension of all technical support services |
| 3 weeks after due date |
Suspension of website & email hosting services |
- Liability: In no event will ASD be liable for any loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after web site development service, even if ASD has been advised of the possibility of damages. ASD's liability of any kind with respect to the services, including any negligence on its part, shall be limited to the price paid by Client for the services. Client and ASD agree that the sole and exclusive remedy for unsatisfactory work shall be, at ASD's option, additional attempts by ASD to complete the development of the web site according to the Client's specifications.
- Warranty & Quality Assurance: ASD provided limited guarantee on web site features developed. ASD will correct at no additional cost to the Client any bug found in the system prior to the launch and sign-off of the web site by the Client.
- Project Cancellation & Refunds: There are no refunds. A Client may cancel the project with a written notice to the Personal Project Manager. For clients taking advantage of the the ASD 1 Year Interest-Free (0%) Payment Plan Schedule, a project canceled within 3 days of purchase of a website solution or 10 hrs of development hours is not liable for the balance of the payment plan schedule. Projects canceled after 3 days from purchase of the website solution or 10 hrs of development hours is liable for and subject to the complete balance of the payment plan schedule, due immediately on cancellation of the project. All hosting and associated services will be suspended within 3 days of receipt of the written cancellation request. All web site project data will NOT be deleted, but archived until Client has completed its migration to a new service provider. No refunds will be provided for canceled projects; all payments made will be applied to the development time incurred prior to to the time of cancellation.
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