Crimson Studios Terms and Conditions Quotation - A quotation not accepted within 15 days may be changed. Orders - Acceptance of orders is subject the receipt of down payment and content provided by customer. Canceled orders require compensation for incurred costs and related obligations. Experimental Work - Experimental or preliminary work including redevelopment of logo’s, products or company look for the sake of site development performed at customer's request will be charged to the customer at the provider's current rates. This work cannot be used without the provider's written consent. Creative Work - Sketches, copy, dummies; redevelopment of logo’s, products or company look for the sake of site development and all other creative work developed or furnished by the provider are the provider's exclusive property. The provider must give written approval for all use of this work and for any derivation of ideas from it. Accuracy of Specifications - Quotations are based on the accuracy of the specifications provided. The provider can re-quote a job at time of submission if copy, film, tapes, disks, and all other items supplied by the provider remain the provider's exclusive property. Preparatory Materials - Art work, type, negatives, positives, tapes, disks, and all other items supplied by the provider remain the provider's exclusive property. Electronic Manuscript or Image - It is the customer's responsibility to maintain a copy of the original File or File’s. The provider is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final output. Until digital input can be evaluated by the provider, no claims or promises are made about the provider's ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at prevailing rates. Alterations/Corrections - Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the provider's current rates. Mockup Proofs - The provider will submit mockup proofs for the customer's review and approval. Corrections will be returned to the provider on a "master set email" marked "O.K.", "O.K. with corrections/' or "Revised Mockup proof required" and signed by the customer. Until the master set is received, no additional work will be performed. The provider will not be responsible for undetected production errors if: proofs are not required by the customer; the work is constructed per the customer's O.K.; requests for changes are communicated orally or by email and confirmed by email. Printed Proofs - Printed proofs will not be furnished unless they have been required in writing in the provider's quotation. Any construction time lost or alterations/corrections made because of the customer's delay or change of mind will be charged at the provider's current rates and will not reflect the providers original estimated time to completion. Mockups - A mockups is used to simulate how the site or project will look. Because of differences in equipment, monitors, flat screen monitors, laptop monitors, differing operating systems, differing internet providers and other conditions between mockup and production operations, a reasonable variation in color, size and layout between mockups and the completed job is to be expected. When variation of this kind occurs, it will be considered acceptable performance. Mock-ups represent 50% of the completed project. Payment Schedule -- The customer agrees to the following The customer will be required to make a down payment at the outset of the project at the rate established by the provider. No work will be completed until initial down payment is made in full. Down payment reflects starting labor on project. As such, said down payment (equal to 50% of total project cost) becomes non-refundable upon delivery of website mock-up. Approval of mock-up has no bearing upon the non-refundable status of the down payment. The non-refundable status of the down payment upon mock-up delivery is non-negotiable. Upon completion of the project, the customer will be required to make a final payment of the balance remaining after the initial payment and any intermediate payments have been made. Until this final balance is paid, no site will be uploaded, and no completed projects will be delivered to the customer. The provider will deliver final work to the customer within 2 weeks of completion and receipt of final balance. Content -- The customer agrees to provide all content necessary for the completion of the project at the outset, as close to the delivery of initial payment as possible. Customer agrees that Estimated Time to Completion is based upon the amount of time between receipt of initial payment and content, and the completion of the project or site. Payment schedule is not dependent upon outstanding content. It is the customer’s responsibility to provide all content at the outset of the project. In the event that provider agrees to move forward without content in full, payment schedule and project completion will be based upon the development of the project as is, regardless of outstanding content, and neither payment schedule nor project completion will be delayed for new or outstanding content. Project Completion -- A project or site is completed when customer has given approval to the designs, and all coding and creation elements are complete. Project completion is not dependent upon new or outstanding content. Provider will not deliver final copy of completed projects to the customer in any form (uploading, delivery through mail, etc) without final payment. Further, Customer recognizes that uploading a website to the internet, purchasing hosting and a domain name, and any merchant account business necessary for e-commerce, are all external concerns beyond the actual website development, and will not expect any such external options without paying for them individually. Likewise, the provider will make prices for such options available when possible, and will guide the customer in purchasing from outside businesses when necessary. Outside Businesses -- The provider may at times recommend outside businesses to assist the customer in areas outside the provider’s control. The provider makes no guarantees regarding the quality, efficiency or service of any other business. The provider may assist the customer in the customer’s interactions with these businesses, but the provider will not be held liable for the actions of any outside business. Delivery - Unless otherwise specified, the price quoted is for a single shipment, without storage. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the provider will charge accordingly at current rates. Production Schedules - Production schedules will be established and followed by both the customer and the provider. In the event that production schedules are not adhered to by the customer, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action or government or civil authority, acts of God, or other causes beyond the control or the provider. In such cases, schedules will be extended by an amount of time equal to delay incurred. Customer-Furnished Materials - Material furnished by customers or their suppliers are verified by email or confirmation phone call. The provider bears no responsibility for discrepancies between confirmation email / phone calls and actual counts. Artwork, CD’s, DVD’s, film, color separations, tapes, disks, or other materials furnished by the customer must be usable by the provider without alterations or repair. Items not meeting this requirement will be repaired by the customer, or by the provider at the provider's current rates. Outside Purchases - Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable. Claims/Liens - Claims for corrections, must be made prior to site approval. If no such claim is made, the provider and the customer will understand that the job has been accepted. By approving the job, the customer acknowledges that the provider's performance has fully satisfied all terms, conditions, and specifications. After mock-up has been delivered the down payment is no longer refundable. As security for payment or any sum due under the terms of the agreement, the provider has the right to hold and place a lien on all customer property in the provider's possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred. Liability -- Disclaimer of Express Warranties: Provider warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed. Disclaimer of Implied Warranties: The provider warrants only that the work will conform to the description contained in the purchase order. The provider's maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will the provider be liable for specific, individual, or consequential damages. Indemnification - The customer agrees to protect the provider from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the provider harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence. Copyrights. The customer also warrants that the content provided by the customer is not copyrighted by a third party. The customer also recognizes that because content does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. To support these warranties, the customer agrees to indemnify and hold the provider harmless for all liability, damages, and attorney fees that may be incurred in any legal actions connected with copyright infringement involving the work produced or provided. Personal or economic rights. The customer also warrants that the content provided by the customer does not contain anything that is libelous or scandalous, or anything that threatens anyone's right to privacy or other personal or economic rights. The customer will, at the customer's sole expense, promptly and thoroughly defend the provider in all legal actions on these grounds as long as the provider: promptly notifies the customer of the legal action; gives the customer reasonable time to under take and conduct a defense. The provider reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper, or infringing upon copyright law. Storage - The provider will retain intermediate materials until the related end product has been accepted by the customer. If requested by the customer, intermediate materials will be stored for an additional period at additional charge. The provider is not liable for any loss or damage to stored material. Taxes - All amounts due for taxes and assessments will be added to the customer's invoice and are the responsibility of the customer. No tax exemption will be granted unless the customer's "Exemption Certificate" (or other official proof of exemption) accompanies the purchase order. If, after the customer has paid the invoice, it is determined that more tax is due, then the customer must promptly remit the required taxes to the taxing authority, or immediately reimburse the provider for any additional taxes paid.