All services provided by Femtech Meida Inc. are subject to and constitute acceptance and agreement of the following terms and conditions, superseded only by a duly written and signed agreement.
Femtech Media will provide Services to the Customer and will be entitled to charge the Customer for such Services at the current hourly or contractual rate.
Femtech Media shall be entitled to provide the Services remotely from its own premises and will not be required to attend the Customer's premises. If Femtech Media is required to attend the Customer's premises for any reason pursuant to this Agreement, the Customer will reimburse Femtech Media for reasonable transport and/or accommodation expenses incurred by Femtech Media in doing so. However this does not include transport or accommodation expenses where the Customer's premises are located within 25kms of Femtech Media’s office location.
Femtech Media will honour the cost estimate provided on our quotes. At Femtech Media’s discretion, actual time spent and Products supplied may be used as the basis for billing for any additional requests from the Customer, if such request was not previously covered under said Quote. Quotes provided to prospects will be honored for 30 days and must be kept confidential. If a new quote is required or modifications are requested, a new quote will then be provide. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date after which time it will be considered null and void.
New web design projects are subject to an initial 50% deposit due at the same time as the signed contract. The remaining 50% balance will be due upon acceptance of the completed web development project before it is released to the client or published to the Internet. Payments for long-term projects, such as shopping cart sites, can be negotiated at the time the quote is accepted. Any long-term contract must be completed within 60-90 days of signing.
Femtech Media will be entitled to invoice the Customer on an interim basis at least monthly for progress payments for any Services performed or Products supplied during the previous month (or during any earlier period which has not previously been invoiced) together with such expenses as the Customer is required to reimburse Femtech Media. Such invoices shall contain such information and detail as the Customer may reasonably require.
The Customer may choose to pay via Visa, MasterCard or cheque (Payment Methods). Credit card payments are subject to a 3% administrative fee.
If the Customer fails to pay any invoice by the due date for payment, then without prejudice to Femtech Media's rights under this Agreement, the Customer shall also pay Femtech Media interest on the outstanding amount at the rate of 1.5% per month or 18% per year.
NSF cheques are subject to the $35.00 fee. Femtech Meida retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)
Regardless of whether work performed constituted a contact or simple email request for maintenance, the work will not be released to the client or uploaded to the client server until full payment is received. Should an exception be made out of good faith, and payment is not received within 30 days, the work will be removed from the Internet and / or replaced with any original files.
Unless otherwise agreed in writing by Femtech Media, the copyright and all other rights relating to any code, graphics or software provided to the Customer by or on behalf of Femtech Media pursuant to this Agreement will remain the property of Femtech Media, or where applicable its licensors, until receipt of full payment
Femtech Media grants the Customer a non-exclusive and non-transferable perpetual license to use the Intellectual Property for the Customer's own business purposes, and in the case of the third party software, will obtain a sub-license in favour of the Customer in similar terms, where applicable.
The Customer must not de-compile, disassemble, decrypt, extract or otherwise reverse engineer any part of any software that is provided to the Customer by Femtech Media without Femtech Media's prior written consent.
Femtech Meida reserves the right to display websites and graphics that have been designed by Femtech Meida on our website, and in any marketing material to aid as examples of our work.
Femtech Meida will not negotiate chargeback requests. All work is covered under the terms of a writtne agreement or by these Terms of Service and have been performed explicitly at the written request of the client and with the client’s full cooperation. All clients are asked to read and agree to our terms of service prior to the start of any project.
Femtech Meida understands the importance of completing projects in a timely manner. We agree to complete web design projects within the timeframe negotiated with the client or within 90 days from the date of contract signing.
If the client does not supply Femtech Meida with complete text, graphic content and other requested materials for the contracted work within 30 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing which may be subject to an additional fee of 20% of the total project cost for every 30 days of extension. All extension fees are due upon agreement of the extension between Femtech Meida and the client.
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
These Terms of Service may be terminated in the following circumstances:
This Agreement shall be governed by and must be construed in accordance with the laws of British Columbia, Canada, and the Customer irrevocably submits to the non-exclusive jurisdiction of the courts of that Province.
Femtech Meida reserves the right to change or update these terms at any time without prior notice.