Terms of service for AJIBOYE small business web solutions creative design, technical development and support services.
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Terms of Service

Updated / Effective:   May 30, 2013
 
  • Authorization: The Client authorizes AJIBOYE in the completion of its Project.
  • Client Legal Rights: The Client is the legal owner, representative, or otherwise has a legitimate right to the Project and any disclosed corporate intellectual properties.
  • Project Development Schedule:  The Client is required to purchase the required man-hours necessary to complete the Project. If the Project requires more time than initially paid for, the Client agrees pay for the additional time. If the Project requires less time than initially paid for, AJIBOYE will provide a full refund for the remaining unused time. Project launch date is determined by the number of man-hours required to complete the project.
  • Client Responsibilities:  AJIBOYE provides a comprehensive Project Management Tool, available securely, online 24x7. It is the responsibility of the client to actively manage ALL aspects of the Project using provided tools. It is the responsibility of the Client to make sure that all required information necessary to completing the Project, including but not limited to content copy, verbiage, graphics, multi-media and other information is provided promptly on request. It is the responsibility of the Client to make him/herself readily available to Project Manager and respond in a timely manner to inquiries.  
  • Ongoing Support: AJIBOYE will continue to provides full on-demand support for the Client and the Project. Technical support is billed based on Total Man-Hours (Time) spent working on the Project, irrespective of the nature of task completed. Client will be provided an estimated amount of man-hours required to complete every request. Client is required to APPROVE the work order BEFORE the request can be completed. Support for the Project may be requested ONLY by persons that the Client has authorized to do so. Clients are completely responsible for keeping track of how much support they and their agents requests, approves and consumed. All support requests are fully documented, automatically tracked and managed using the JobTrack. Client is able to track, evaluate, approve or decline requests, view estimated (quoted) man-hours and communicate with Project Manager.
  • Priority Support Billing: Standard Priority Support is $ 50/hr. Priority Support Invoices are billed on the first (1st) and middle (15th) of every month. Clients enrolled in the AS Programor OMS Program will be billed under the terms of those programs. Any support hours consumed by the project in excess of the available hours under the OMS plan, AS plan, Prepaid Priority Support will be billed at the same rate as our Standard Priority Support.
  • Hosting Service Billing: If applicable, hosting service is billed monthly on the day of the month that Project is purchased. For example, if Project is purchased on the 5th of the month, then hosting service fee is billed on the 5th of every month for the project. Hosting service fee is calculated based on how much server hosting resources the Project uses, primarily disk space and bandwidth usage. Hosting service fees are automatically recalculated and adjusted monthly to reflect current server resource usage, resulting in an increase or decrease in monthly hosting fee as appropriate. Increase/decrease in disk space is billed in increments of $ 1.00 per 1GB. Increase/decrease in bandwidth is billed in increments of $ 1.00 per 5 GB.
  • Payment Plan Billing: If applicable, payment plan invoices are billed monthly on the day of the payment plan is setup. For example, if a project is purchased with a payment plan on the 5th of the month, then payment plan invoice is billed on the 5th of every month for the project.
  • Web AS & OMS Plan Billing: If applicable, Web Operations Management Service (OMS) and Agency Service (AS) plan invoices are billed monthly on the day of the month that Project is enrolled in the program. For example, if Project is enrolled on the 7th of the month, then plan invoice is billed on the 7th of every month for the project for the duration of the term for which the Project is enrolled. We do not automatically enroll or re-enroll projects in the Website OMS program. The Client can and will be responsible for enrolling and re-enrolling Project in the programs as needed.
  • Billing & Payments: All invoices are automatically created and delivered electronically to the Client's email address provided by the Client. Client agrees to make timely payments. The Client is required to maintain a valid credit, debit or checking account information for billing purposes on the Project at all times. The Client agrees that on invoice due dates, service invoices are billed to the billing account provided for the project.  ALL invoices are due on invoice due dates irrespective of the completion and/or launch status of the Project. 
  • Late Fees and Penalties: All invoices are due on receipt of invoice. Invoices must be paid within 31 days of receipt to avoid late fees and penalties. Partial payments ( minimum 2% of amount past due ) are allowed to avoid late fees and penalties. A partial payment resets past due clock on remaining balance of the invoice. For every 31 days past due, suspension of services AND assessment of late fees will occur. Late fees must be paid immediatelyOur complete fees & penalty schedule is as follows: 
    DAYS PAST DUE TYPE OF INVOICE PENALTY
    Every 31 days past due ALL Invoices
    Late fee assessment: The greater of 1% of total amount due or $ 2.00.
    31 days past due
    ALL Invoices
    Suspension of HOSTING services
    7 days past due SUPPORT Invoices Suspension of SUPPORT services
    0 day past due LATE FEES Suspension of ALL services ( HOSTING & SUPPORT )
    Hosted projects may only remain in suspended status for 31 days. After 31 days, the hosted project is automatically canceled, and all hosted data removed from our servers.
  • Liability: In no event will AJIBOYE be liable for any loss of revenue, profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after Project, even if AJIBOYE has been advised of the possibility of damages. AJIBOYE'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 AJIBOYE agree that the sole and exclusive remedy for unsatisfactory work shall be, at AJIBOYE's option, additional attempts by AJIBOYE to complete the development of the Project according to the Client's specifications.
  • Warranty & Quality Assurance: AJIBOYE provides limited guarantee on Project features developed. AJIBOYE will correct at no additional cost to the Client, at any time, any error, or bug found in the Project.
  • Project Cancellation & Refunds: The Project can be cancelled at anytime. AJIBOYE will provide full refund, less the cost for the total man-hours already used for the Project.
 
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