eVision Media Terms & Conditions

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Mission
To provide you, the customer with the highest quality products and services at a fair and reasonable price. Our goal is to meet and even exceed your expectations.

CUSTOMER MUST READ THIS AGREEMENT CAREFULLY and by accepting proposals or statements of work has agreed to all terms and conditions stated by eVision Media. Signature is not required by either party for enforcement of this agreement and this agreement is implied with payment or request of services.

Upon acceptance of a quote, proposal or agreement made with eVision Media, the following is eVision Media’s terms and conditions that are assumed to be agreed to when entering into a working arrangement with us:

Down Payments and Refunds
Upon acceptance of a proposal for website, SEO projects or larger projects, eVision Media requires half payable immediately before any work will begin on the project. The remaining amount owed will be due when the project is complete or the time frame noted in the estimate of acceptance of the proposal – whichever occurs first. If the project is not completed by the estimate time frame, for any reason, the final payment is still due and the project will continue to be completed as outlined in the initial proposal.

eVision Media is committed to customer satisfaction. If at any time during the initial 30 days of a project you are not satisfied, you may request a prorated refund less the costs for any work or research completed. Clients who agreed to a payment option plan may only request a prorated refund within the scope of this plan; otherwise, all payments are non-refundable.  All parties are bound by their initial scope of agreement and contract.

The down payment is non-refundable unless eVision Media has not begun working on the project in any way. Qualified refunds will be given up to 30 days upon acceptance of quote.

For smaller projects such as eStationery, eSignatures and Twitter Background designs, full payment is required up front before any work will begin.

Retainers
If, during the project timeline, new deliverables are added or time to complete the project is running over the estimated time it would take, there might be a need to adjust the overall project cost to reflect the extra hours spent. You will be advised if this occurs and available options will be discussed at that time.

For ongoing work agreements, some retainer fee is required. This fee will be no less than anticipated 50% of hourly work for each month. Initial hours will be applied against deposit until expended. Subsequently, Client will be billed on a monthly basis for each prior month’s hours. Payments are due upon receipt and review of detailed invoice.

Third party expenses incurred on behalf of Client are not included in any retainer fees and will be billed to Client at first convenience. Should client hours at any point in current month exceed current retainer fee deposit, eVision Media has the right to initiate payment to ensure deposit remains at least at 50% of anticipated monthly work.

Client may request a mid-month invoice review; however, it is up to the client to ensure work requested and completed be within anticipated monthly hourly perimeters to avoid multiple monthly required payments.

Scope of Project
If, during the project timeline, new deliverables are added or time to complete the project is running over the estimated time it would take, there might be a need to adjust the overall project cost to reflect the extra hours spent. You will be advised if this occurs and available options will be discussed at that time.

Content
It is expected that all information (text and images) relating to the website will be provided by yourself or someone you have appointed for the task (unless alternate arrangements have been made). All new content is to be provided in digital format, either via email or in a Text/Word document. Any digital images you provide should be in their original format (scanned at 100%, 150dpi) and we will adjust them to suit the area they will be placed in on the site.

Any images (such as stock photos), software or otherwise that eVision Media needs to purchase on your behalf in order to fulfil the deliverables listed above will be considered an expense that will be billed to you. All efforts will be made to ensure you are made aware of any of these added expenses as they arise.

Copyright
All website content (text and photos supplied by you) is considered client’s property. There will be a copyright notice displayed at the bottom of each page to reflect this. The website design itself is copyright to eVision Media and cannot be multiplied across any other domains (websites) or servers without express permission first.

All images, video, audio, text and content used must be copyright free and eVision Media retains the right to refuse to use/post copyright material if permission has not been obtained by the copyright owner. eVision Media will not be held responsible if any unauthorized copyright material is posted on the website.

Any of eVision Media’s source files that are used to create any design and/or functionality are considered the property of eVision Media. This includes, and is not limited to, original Fireworks, Flash, Illustrator, Photoshop files and any tools that are added to your site using software programming or programming languages. If at any time these source files are requested, a licensing fee will be charged. eVision Media retains the copyright permissions to the designs used for the development of the website but provide full use licence for the purpose of the website developed by eVision Media.

In the case of logo design, there is no licensing fee when providing the source Illustrator file for print use.

eVision Media reserves the right to display a small notice at the bottom of the website that it was developed/designed by eVision Media including a link to email or website.

No client shall have access to any proprietary knowledge used by eVision Media used in the course of their business. This includes all software, coding, graphics, SEO, eMarketing or any other aspect deemed proprietary by eVision Media and its vendors. All accounts created and used by eVision Media even in the behalf of clients fall under the umbrella of its proprietary domain unless specified beforehand. These include Google webmaster tools and Ad Words.

3rd Party Software
In the event your website uses any third party scripts or software applications (either by vendor or open source channel) that were installed in order to meet your requirements, eVision Media will not be held responsible for any nefarious activity that may happen as a result of a software/script security breach by unknown hackers and harmful scripts.

Note: It is the responsibility of the site owner to ensure all softwares and scripts are maintained through upgrades, service packs and security fixes by instructing eVision Media to perform such tasks at regular intervals so as to avoid harmful uses of your website server space. eVision Media will advise you of the scripts that are used from a 3rd party vendor or open source channel.

Caveats
Certain design principles and writing styles are unique to the web environment; there may be times when we will have to assert our knowledge in these areas in order to maintain the integrity of the site, perhaps sacrificing some ideas that you would like to see when they are not feasible in this environment.

Our estimates are based on an estimated number of hours it should take to complete such a project. Any time invested above and beyond this estimate of hours will be billed at the pre-arranged, mutually acceptable hourly rate. If at all possible, adequate notice will be given when the maximum time allotment is being approached. We will make every effort to work within the guidelines of the agreement and if the need arises, notification of the extra billables will be made promptly.

Post-Launch Maintenance and Updates
For general maintenance or any issues pertaining to the website, e-marketing/promotion, email, design, HTML updates, tech support, phone and email consultations, and web server, you will be billed at our hourly rate in 10 minute increments with a 10 minute minimum per request.

All programming changes/updates that require “back end”changes to PHP, JAVA, ASP, and other programming features are billed at our programming rate, in 10 minute increments with a 10 minute minimum per request.

If you choose to retain eVision Media’s services on an on-going basis, we will cumulatively keep track of time spent on your project and send an invoice at the end of each month, payable within 15 days. We can also work out a fixed monthly fee schedule if there will be many updates to do on an on-going basis.

Late Fees for Final Payment, Maintenance and Subsequent Projects
All invoices are payable within 15 days of the invoicing date. A 5% late charge will be applied after 30 days of unpaid invoices.

Albeit we at eVision Media will make every effort to work with you in the event of payment for services be delayed for any reason, it is our greatest hope to ensure your web development project stays active and live.

However in extreme cases of lack of payment or returned cheques:

eVision Media reserves the right to suspend or cancel any client’s access to any portion or all of website and/or database functionality when eVision Media has not been paid for services rendered or if payment has been returned or refused for any reason. eVision Media may restrict access without notice should any web development payments have not been completed in a timely and agreed to manner. If the web development has been completed, and payment is in arrears for more than 30 days, eVision Media may remove their code and service from the client’s website.

Clients and vendors are personally liable for their debts incurred to eVision Media. All businesses and corporations must report all asset protection or business closure or sale within 30 days of insolvency or sale and provide trustee information directly to eVision Media within this time period. All debts occurred before these actions are fully liable of the client.

Any disputed invoices must be dealt within 30 days of issuance.

eVision Media may, in its sole and exclusive discretion, immediately suspend or terminate your Services without notice to you if you fail to provide payment, or valid payment information or authorization or fail to pay for any Services when due. eVision Media may charge a fee to reinstate any Service that has been suspended or terminated.

eVision Media reserves the right to refuse service at its discretion and reserves the right to cancel, suspend or terminate any account at anytime as it sees fit.

Any software, domain fees, hosting fees, paid advertising including: Google Ad Words, Facebook, Twitter, LinkedIn and off-line Marketing including printing requested by client and paid for by eVision Media are deemed personally liable and not sheltered by any incorporated veils or corporate liability shelters. All previously noted or not listed (which fall under these categories) will be deemed the responsibility of the individual and not the business entity or incorporated business.

eVision Media does not share or condone any sharing of personal client data including emails. eVision media is not responsible for any misappropriation of client lists, personal data including emails from any current, past or potential clients. We will not, in any circumstances, share your personal information with other individuals or organizations without your permission, including public organizations, corporations or individuals, except when applicable by law. We do not sell, communicate or divulge your information to any mailing lists. eVision Media is absolved from any use by clients or former clients of any email addresses used by these parties and all instances of misuse are the sole issue of the offending party. All parties requesting email additions to their platforms from eVision Media are solely responsible for the content sent and proper consent required by CANSPAM and other governing bodies.

eVision Media may update this Agreement at any time, without notification to you, and you should review this Agreement from time to time by accessing the the eVision Media website. Before you continue, you should print or save a local copy of this Agreement for your records.

Guarantee
It is our sincerest wish that we build a successful working relationship where you can count on eVision Media to provide you with excellence in service, integrity, and skill that you would expect in such an endeavour. You have our guarantee that we will strive to create a product that you will be fully satisfied.

Please contact us if you have any questions, comments, or concerns regarding these terms and conditions.