The following terms and conditions apply to all website design / development and other services provided by Carlos Bauza to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Carlos Bauza are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Carlos Bauza reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of sixty (60) percent of the project quotation total before the work is supplied to the Client for review. A second charge of twenty (20) percent is required after the development stage, with the remaining twenty (20) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials. Payment for services is due by cheque or bank transfer. Cheques should be made payable to Carlos Bauza and sent to 1150 102nd Street, Apt 502, Bay Harbor Dr, Apt 4, Bay Harbor ISlands, FL 33154. Bank details will be made available on invoices.
3. Client Review
Carlos Bauza will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Carlos Bauza otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Carlos Bauza will install, publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Carlos Bauza receiving initial payment, unless a delay is specifically requested by the Client and agreed by Carlos Bauza. In return, the Client agrees to delegate a single individual as a primary contact to aid Carlos Bauza with progressing the project in a satisfactory and expedient manner. During the project, Carlos Bauza will require the Client to provide website content; text, images, movies, sound files, etc.
5. Failure to provide required website content:
Carlos Bauza is a personal small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently. If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so. NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this. Using our content management system you are able to keep your content up to date your self.
Invoices will be provided by Carlos Bauza upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of $75 per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse Carlos Bauza for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
Carlos Bauza makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Safari, Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Carlos Bauza cannot guarantee correct functionality with all browser software across different operating systems. Carlos Bauza cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Carlos Bauza reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Carlos Bauza will, at its discretion, remove all such material from its web space. Carlos Bauza is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will be assessed a return charge of $75 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Carlos Bauza reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Carlos Bauza in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Carlos Bauza services may be used for lawful purposes only. You agree to indemnify and hold Carlos Bauza harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Carlos Bauza the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Carlos Bauza permission and rights for use of the same and agrees to indemnify and hold harmless Carlos Bauza from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Carlos Bauza that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
All designs, concepts, sketches, logos, brands, ideas, suppliers and methodologies created and used for the development of any project, are the intellectual property of Carlos Bauza and will only be transferred to the client through a formally written realease signed by both parties after having been paid. by the client all of the amounts, invoices, agreements, company share, etc. previously agreed with the client. In the event that the client does not respect the intellectual property, he will be subject to the legal actions and penalties that the law establishes according to the regulations in force in the United States of America.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on pendrive or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Carlos Bauza to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
14. Design Credit
A link to www.carlosbauza.com will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of $5000 of the total development charges will be applied. When total development charges are less than $5000, a fixed fee of $1000 will be applied. The Client also agrees that the website developed for the Client may be presented in Carlos Bauza portfolio. In case the client proceeds to the deletion without permission, the client agrees to pay a minimum amount of $ 50,000 or more for the copyright that was not complied.
15. Access Requirements
If the Client's website is to be installed on a third-party server, Carlos Bauza must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
Carlos Bauza cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
Carlos Bauza may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Carlos Bauza. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or credict card autorization or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. The Client will not dispute any payment made with yours credit card company or online payment becouse constitutes agreement to and acceptance of these Terms and Conditions.
19. Web Design / Development
Each page is for a piece of art and is developed individually without using templates or pre-conceived or serial formats that detract from the value of the proposal. We use state-of-the-art technologies, both software and hardware, within a modern design focused on the 21st century and correctly projecting your business, turning your new website into its most aggressive sales tool within a highly competitive market such as the Hispanic market. and Anglo-Saxon in the United States.
20. Web Management
Web Management is defined as the monthly administration, maintenance and updating of the web page assigned by the client. Carlos Bauza will honour the components of your chosen Web Management package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
Corresponds to the design and development of web pages assigned to contain an online store with the products and services offered by the customer. The customer is responsible for maintaining timely payments from the various online store providers, credit card processors, inventory and shipping of products and everything related to the provision of the e-Commerce service. Carlos Bauza is not responsible for the non-compliance of any of these or other factors that affect the client to the people who bought your products or services.
22. Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Carlos Bauza will honour the components of your chosen Social Media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
Carlos Bauza hereby excludes itself, its Employees and or Agents from all and any liability from:Loss or damage caused by any inaccuracy; Loss or damage caused by omission; Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site; Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise. The entire liability of Carlos Bauza to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
24. Terms and Conditions Updates
Carlos Bauza reserves the right to update, change or extend these terms and conditions without prior notice.
25. Governing Law
These Terms will be governed by and interpreted in accordance with the laws of the State of Florida and any dispute under this agreement must be brought to this venue and no other.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms without affecting the remaining provisions herein.
27. Contact Information
Carlos Bauza welcomes your questions or comments regarding this Terms and Conditions. If you believe that Carlos Bauza has not adhered to this Statement, please contact at: Carlos Bauza : 1150 102nd Street, Apt 502. Bay Harbor Islands, Fl 33154. / Email Address: firstname.lastname@example.org / Telephone number: 1 (305) 965-2497. Effective as of February 10, 2003
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