Terms of Service
Updated / Effective: January 21st, 2011
- Authorization: The Client authorizes AJIBOYE, it's employees and agents to develop its website ("Project").
- Client Legal Rights: The Client is the legal owner, representative, or otherwise has a legitimate right to the website and disclosed corporate intellectual properties for the development and maintenance of the website. AJIBOYE shall have no liability to the Client or any third party.
- Project Development Schedule: The Client is required to purchase the required man-hours necessary to complete the Project. If the Project requires more development 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 development 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 DNS management, website content, 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.
- Technical Support: After Project Completion, Review and Launch, AJIBOYE will continue to provides full on-going priority technical 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 a technical support request AND is required to APPROVE the work order BEFORE the request can be completed. Technical 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 technical support they and their agents requests and approves. All technical support requests are fully documented, automatically tracked and managed using the Client Project Management Console. Clients are able to track, evaluate, approve or decline requests, view estimated (quoted) man-hours and communicate with Project Manager.
- Technical Support Billing: Technical Support is $ 50/hr. Technical Support Invoices are billed on the first (1st) and middle (15th) of every month.
- 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 month that Project is purchased. For example, if Project is purchased on the 5th of the month, then payment plan invoice is billed on the 5th of every month for the project.
- 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 VISA, Mastercard, Discover or American Express card on the Project at all times. The Client agrees that on invoice due dates, service invoices are billed to the card on file. ALL invoices are due on invoice due dates irrespective of the completion and/or launch status of the Project.
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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. For every 31 days past due, suspension of services AND assessment of late fees will occur. Our complete Penalty Schedule is:
Extent of Lateness Type of Invoice Penalty Every 31 days past due ALL Invoices Late fee assessment: The greater of 1% of total amount due or $ 2.0031 days past due a) Hosting serviceb) Payment planImmediate suspension of hosting service31 days past due Technical support Immediate suspension of technical support service 93 days past due ALL Invoices Immediate suspension of hosting service and technical support service Projects may remain in disabled status ( i.e. hosting service suspension ) for 93 days ( i.e. 3 months). After this, the project is automatically canceled. - 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 bug found in the Project.
- Project Cancellation & Refunds: The Project can be cancelled at anytime. For a new Project, AJIBOYE will provide full refund, less the cost for the total man-hours already used for the Project. For an existing Project, Projects may remain in disabled status ( i.e. hosting service suspension ) for 93 days ( i.e. 3 months). After this, the project is automatically canceled.
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