TERMS AND CONDITIONS
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OCI3MEDIA reserves the right to modify, amend, update and change these Terms and Conditions from time to time with notice via email or other means. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that OCI3MEDIA shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.
INITIAL CONSULTATION
Initial consultation meetings, e-mails or phone calls where we discuss your aims and needs for a project are free.
PACKAGE PRICING, DISCOUNT PRICING & REGULAR/HOURLY RATES
Prices are based upon established Packages, Pricing sheets updated every six months and projects that are evaluated individually to estimate the total project cost, based upon the unique goals and features of each project . Prices are subject to change due to added features, overhead, or specific customer needs.
PAYMENT METHOD
OCI3MEDIA accepts check payment and credit card payment (Visa, Mastercard) via PayPal's secure payment system ONLY. Online credit card payment is authorized and executed in real time. Once an order is successfully submitted, the client is subject to OCI3MEDIA's cancellation and refund policy. No personal checks, cash or money orders are accepted at this time.
PAYMENT TERMS
Projects are billed either hourly or on a project-fee basis, depending on the project. For work contracted on an hourly fee basis, advance equal to the pay for 6 hours work is required, per project.
Net 3 days. Payment three days after invoice. Overdue payments shall be subject to interest charges of 1.5% monthly. 18% annually.
An eighty-percent (80%) non-refundable deposit of the total development cost is required to commence design work or development work on custom projects above $500. Payment in-full is required to commence design work or development work on custom projects up to $500. Retainer fees are applied to appropriate discounted/featured packages or services rendered through our online payment system. Payment in-full of any remaining balances (3) days after customer receipt of the final invoice and prior to delivery of any products or final services. For services involving website design or other electronic file mediums, the completed files will be published to the client's server or otherwise delivered upon confirmation of final payment. Flexible or scheduled payment terms may be available.
CANCELLATION & REFUNDS
In the event of cancellation or request for a refund of any project, a fee for work completed, based upon the contracted price and expenses already incurred shall be paid by the Client.
PROJECT ASSETS
ALL original assets including preliminary concepts and visual presentations produced for each project "IS" the sole property of OCI3MEDIA. If a client has requested, in writing, that they wish to retain these assets in whole or in part, client MUST agree to pay reasonable charges given by OCI3MEDIA.
TURNAROUND TIMES
All projects commence twenty-four to forty-eight hours after successful online transaction of payment. The turnaround times from concept delivery to target completion varies by project or services offered.
Orders sent to OCI3MEDIA after 4pm Eastern Standard Time will begin counting turnaround time the next business day during the regular operating hours.
Business days are Monday through Friday. Holidays, Saturdays and Sundays do not count when calculating turnaround.
CONCEPTS, MODIFICATIONS & PROJECT DURATION
If additional concepts, modifications or project extension are desired, there will be an additional charge at a per hour rate.
SUPPORT BOUNDARIES
OCI3MEDIA provides technical support to our clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support:
OCI3MEDIA provides support related to programs and/or scripts that WE custom install.
OCI3MEDIA does not offer tech support for application specific issues such as CGI, JavaScript or ASP programming,
OCI3MEDIA does not provide technical support for YOUR Clients.
If you can email, we encourage you to email support@oci3.com for assistance.
OCI3MEDIA does not offer tech support related to Operating System functionality, software application functionality, customer installed software/scripts, or Control Panel functionality. If there is a request and OCI3MEDIA is of some assistance to provide support, fees will be applied. Charges are applied at an hourly rate.
ASSIGNMENT OF PROJECT
OCI3MEDIA reserves the right to assign subcontractors to any project to insure the right fit for the job as well as on-time completion.
LIMITED LIABILITY
OCI3MEDIA works with reliable vendors. In the event, however, that a vendor does not follow through on work agreed to (such as in delivery schedules or work quality), OCI3MEDIA cannot be held liable for their actions. We serve only as a facilitator and are not responsible for the actions of vendors
PROPRIETARY RIGHTS
You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to OCI3MEDIA in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos and similar materials or information.
LIMITATION OF LIABILITYTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OCI3MEDIA OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY OCI3MEDIA TO YOU, EVEN IF OCI3MEDIA HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS OCI3MEDIA'S LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR OCI3MEDIA'S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO OCI3MEDIA UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
INDEMNIFICATION
You agree to indemnify and hold OCI3MEDIA, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys' fees, incurred OCI3MEDIA in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, or (ii) your use of any of the products or services provided by OCI3MEDIA pursuant to your Contract.
COPYRIGHT AND TRADEMARK NOTICES
All intellectual property of OCI3MEDIA, including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by OCI3MEDIA in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of is strictly prohibited.
Copyright © 2007 by OCI3MEDIA. All rights not expressly granted herein are reserved.
GENERAL
These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and OCI3MEDIA regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and OCI3MEDIA regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon OCI3MEDIA unless otherwise agreed to by OCI3MEDIA in writing. The failure of OCI3MEDIA to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
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