Clement Faria - Website Multimedia Developer

Terms of Use


Please take the time to read Clement Faria's terms of service prior to the start of any project. It is important that you understand and agree to these terms, to ensure the job process runs smooth, honestly and finishes on time.

Payments
All projects and design work under $500, requires 100% of the total payment in advance before work begins.
 
Projects where the total cost falls between $500 and $2500, will be divided into two payments for your convenience. An initial 40% deposit will be due up front, and the remaining 60% balance will be due upon approval of the completed design project before it is released to the client or published to the internet, or within 30 days of original payment. Projects with a cost of over $2500 will be divided in to two payments as well, 30% upfront and 70% upon completion. All payments are non-refundable upon receipt. There are no exceptions.
 
For projects or work completed on an as-needed basis, where there is no formal written quote, all payments for completed work will be considered due upon receipt.
 
All amounts must be in either US Dollars (US$) or Barbadian Dollars (BDS$) and can be made through Cash, Cheques, Wireless Transfers, PayPal or Credit Card Deposits.
 
Project Delays or Cancellation
If for whatever reason it might be that your situation changes, and you need to put your project on hold, Clement Faria will keep your quoted price for a period of 30 days from the project start date. After the 30 days, it may be necessary to reassess your project, if rates have changed. If you decide not to proceed, all deposits are forfeited. Any graphics, layouts or mock-ups will remain the property of Clement Faria, and may be resold or redistributed as necessary.
 
Samples, Mockups & Revisions
Clement Faria will present at least two website mockups for clients to review, based on information received. While the intention is to get it right the first time, Mr. Faria realizes and understands that there will always be the need for revisions and small tweaks to be made. If the client is not satisfied with the initial design, Clement Faria will be happy to provide a revised or additional mockup, with the understanding that any further revisions will be billed accordingly. Revisions done to Graphical or Multimedia projects are also billed hourly, or based on the amount of changes to be done.
 
Support & Communication
Once payment or initial deposit has been received, and the design of your website or project has commenced, you must be available via e-mail or telephone. You ust also be able to answer all questions and complete tasks throughout the design process, to help assist in development. Almost all communication is to be done preferably via e-mail or instant messaging. Communication by phone, fax, postal mail or in person should only be done for important matters.
 
You will receive support via email for 2 months after your site has been turned over to you. We encourage you to use this time to populate your website and process several test entries to become familiar with your site’s functionalities. After the 2 months, there could be a charge for future work, depending on the complexity of the task at hand. 
 
Authorization & Access
As the client, you are authorizing Clement Faria to install any scripts, software or programs relevant to the web design project, and to access your account via either your hosting service Control Panel or external FTP. You shall agree to provide Clement Faria with the login information and passwords necessary to access your website.
 
Credits & Usage
All graphics, illustrations, and layouts are intended to be kept whole as given to you. Unless other arrangements have been made, all work done by Clement Faria may not be used by anyone else but the specified client on the domain for which it was originally designed. All preliminary mockups to include graphics, layouts, etc., which are not selected by the client remain the full property of Clement Faria and may be used in future projects for other clients.
 
Clement Faria retains all rights to display artwork in portfolios and advertising materials. Testimonials from clients may be posted on his website.
All website and blog designs by Clement Faria require a text link or a graphic link back to Clement Faria, unless other arrangements have been made. The client guarantees that links back to Clement Faria will remain in place until such time as that website design is no longer being used or published on the Internet. Removal of this link is in violation of this agreement and subject to breach of contract.
 
Copyrights & Trademarks
When providing artwork, graphics, or photos for use on your site, we require that you have license to use it. This means that it must be a royalty-free stock image or custom designed artwork where the original illustrator, photographer or artist has given you permission to use their work on your site. This will apply to artwork we choose for you as well.
 
Project Ownership
Ownership of final artwork designed by Clement Faria on behalf of the client will be transferred to the client upon final payment, unless otherwise specified by Clement Faria. This does not include code or software. Copyright on all software and code remains the property of Clement Faria or its otherwise respective owner.
 
Clement Faria will retain a copy of the template and graphics for client for 12 months in the event of a catastrophic event.
 
Cross-Browser Compatibility
This agreement covers the creation of a web site viewable in current versions of Microsoft Internet Explorer, Mozilla Firefox, and Safari. We cannot guarantee error-free viewing in any browser that includes third-party plug-ins. Compatibility is defined herein as all critical elements of each page being viewable in these browsers. Client is aware that some Internet technologies may require a more recent browser version, operating system, and brand or plug-in.
 
Claims Period
Clement Faria will not negotiate charge backs with any person or company. His Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.
 
Liability
Any service purchased from Clement Faria is provided ‘as is’ without warranty of any kind that the web design project will be uninterrupted or error-free. In no event will Clement Faria be liable to you or any third party, on any legal theory for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use of any Clement Faria service, graphic or code, or the use of any hosting service, service provider, telecommunications carrier, internet servers, third party e-commerce programs, or your site visitor’s computer or internet software, including, without limitation, service interruptions caused by Acts of God and/or Nature, or any other circumstances beyond our reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
 
Hours Of Operation
Normal business hours are 9am-4pm from Monday to Friday. If you require maintenance after the posted hours, or on weekends or holidays, you will be charged an hourly rate.
 
Confidentiality
All correspondence and documents provided will be treated as confidential between the client and Clement Faria.
 
These terms and conditions supersede all previous representations, understandings or agreements. Terms are subject to change.
 
Project Consideration
Please note that Clement Faria is a professional person. Therefore, he will not accept projects that he finds morally questionable, unethical, or distasteful. Clement Faria is also given the right to refuse or discontinue any project from any client, which may be caused by bad attitudes, natural events, non payments or disputes.
 
Notice: This Agreement shall be governed by and construed in accordance with the laws of Barbados as well as International laws. 
 
Acceptance
Please note that by submitting your down payment for my services,  you are agreeing to all of my terms of service as written here. Clement Faria reserves the right to change or update these terms at any time without prior notice.