Having received a brief of requirements from the customer, either verbal or written, Actively Media will produce a quotation detailing the design work to be carried out. The customer must provide written confirmation that the quotation is acceptable. The quotation will effectively form the basis of this contract.
This agreement constitutes the entire agreement between Actively Media and the customer. In making this agreement each party confirms that they have not relied on any inducement not recorded in this agreement.
Copyright and Content
The client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials supplied to Actively Media for inclusion on the clients web site. The client shall indemnify Actively Media against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The client shall have full liability for the consequences of the contents of their site as long as the site reflects the clients’ instructions to us.
Customer’s logos, artwork, graphics and photographs remain the Copyright of the customer. Design, graphics and programming produced by Actively Media remain the intellectual property, of Actively Media unless otherwise agreed. Copyright of any CGI or javascripts within the website will remain the property of Actively Media for the duration of the websites existence and shall not be modified or reused without the express permission of Actively Media.
All domain names are registered in the clients name and not that of Actively Media.
Actively Media withholds the right to refuse publication on the web of any content which it sees as being indecent, obscene or offensive towards others.
Design of Website
Actively Media will produce and publish temporarily on the Actively Media website a design proof for the customer’s approval. The design copyright of the proof shall remain the sole property of Actively Media. Use of the design in any respect without the express written permission of Actively Media will constitute breach of copyright.
Actively Media will complete the design and build of the customer’s website after receiving written confirmation that the design proof is satisfactory.
Actively Media will release website code and graphics when payment of the final invoice for the outstanding quotation value is received in full.
Once Actively Media has received written confirmation that the design proof is satisfactory, modifications to the design specification will be considered an amendment to the contract. All modifications must be confirmed in writing.
Invoicing, Payment and Tender Validity
Tenders and Quotes are valid for 15 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period.
Payment for the web design services must (unless otherwise agreed with Actively Media) be made as follows: 40% in advance, next 30% after approval and final 30% after completion of the project but before uploading. Design modifications will be charged extra. As far as Internet marketing services concern we charge 100% in advanced, if web design services include then we charge 50% in advance and final 50% after completion of the design.
Payment shall be made in USD, UK Pounds Sterling or INR to Actively Media. Payments are due within 14 days of presentation of invoice. If due to bank charges, transfer fees, or the like, Actively Media should receive less than its invoice amount, Actively Media will re-invoice customer for the shortfall. In the event that any amount remains unpaid fourteen days after invoice date, Actively Media reserves the right to discontinue, withhold, or suspend services to the customer to whom such unpaid amounts relate.
Once Actively Media has undertaken a commission for services, a cancellation fee of 75% will apply if the contract is terminated through no fault of Actively Media. An interim invoice will also be levied for 75% of the total quotation value if website content is not received within 30 days of commission.
The final invoice will be issued when work has been completed on the customer’s website design. website code and graphics will not be released to the customer until payment is received in full. Any further modifications to the website will be chargeable under separate terms.
Fraud
Actively Media will not tolerate any attempts to obtain goods by fraudulent means. Any fraudulent action will be reported to the relevant authorities. Please note that Internet host IP addresses are recorded when placing an order online.
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