Authorization
The following Terms and Conditions of Service apply to all products and services provided by Anything Anymated, a Nebraska Company located at 7117 Farnam Street # 14 Omaha, NE 68164 as an independent contractor for the specific purpose of designing and/or improving marketing material. Hereafter, the client will be known as the "Client" and Anything Animated will be known as the "Designer."
Product Sales
Various product prices, features and requirements are displayed on the Anything Anymated website (http://www.anythinganymated.com) where these Terms and Conditions can be read at any time. Prices shown reflect a 50% discount of the total product price displayed within the product description. A minimum deposit of fifty percent (50%) is required to commence work. Once the 50% deposit is received by the Designer, basic design concepts will be put online for the Client's viewing and approval.
Alternatively, Designer may show Client the designs in person via lap top computer. Communication between the Designer and the Client is crucial during this phase to ensure that the ultimate publication will match the Client's taste and needs. Upon completion of this stage, the Client will be asked to confirm acceptance for the basic project design via e-mail or by signing a printed acceptance of the design. Once this acceptance is received from the Client, the remaining 50% cost will be due at that time.
The client will be able to view the project online and express their preferences or dislikes to the Designer. Upon completion of the material, an e-mail or letter and invoice will be sent to the Client advising the Client that the work has been completed. Final payment of the remaining balance plus any additional charges incurred will due at that time. After final payment has been processed, customized products will be delivered via e-mail and/or published online for viewing.
Product Sales/Turn-Around-Time
The Average-Turn-Around Time is the average time it takes the Designer to complete the designated task based on prior experiences. The Designer will make every effort to complete the project within this time frame.
In the event the developer is not able to secure the needed information, approvals or other items needed from the client by this time, then 50% percent of the remaining design balance will be due at this time, and work will be completed upon receiving the needed information from the client.
Rights of Access for Website Construction
The client agrees to allow the Designer all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow the Designer access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply the Designer with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Hosting Websites
Anything Anymated offers a limited hosting services through an out-sourced third party. The Designer does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Fees for hosting are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organizations are the responsibility of the client and the Designer is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Website Software Updates
Anything Anymated may utilize open source software/services such as (Joomla, Wordpress, etc.) when designing and developing websites, software/services updates may become available for security purposes. Should updates be introduced after the site or templates were sold to the Client, the Designer reserves the right to quote separately for any additional work needed. The Client will receive notice via email when these critical updates become available. Failure to update these types of software/services may result in technical conflicts, as technology and PHP language changes to become more secure. At the time of sale, these software/services will be current and up to date without web browser errors. The Designer is not responsible for third-party widgets and/or (iframe) coding may cause web browser errors.
Domain Registration
The Designer cannot guarantee the availability of any domain name.
Client Amends
Anything Animated prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of our business. To that end, we encourage input from the Client during the design process.
In the event that the Client requests significant design changes to items that have already built to the Client's specification or creation of further elements other that what is described in the product description, additional charges may apply. After Final Payment has been received the charge for updates will be applied at the rate of $50.00 an hour.
Copyrights and Trademarks
The Designer ‘s work shall be deemed to be a "commissioned work" and a "work made for hire" and, upon payment of final balance, the Client shall be the sole owner of content produced by the project.
The Client represents to the Designer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Designer for inclusion in the Client's material are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Designer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Any software, code, plugin or other third-party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not the Designer.
Design Credit
Client agrees that the material created for the Client may be included in the Designer ‘s portfolio.
Nondisclosure
The Designer its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any Confidential information obtained about the Designer to another party.
Entire Understanding
This contract and proposal constitute the sole agreement between the Designer and the Client regarding the sales of products online. It becomes effective upon processing a transaction online at http://www.anythinganymated.com. All work is carried out by the Designer on the understanding that the client has agreed to our terms and conditions.
Acknowledgement of Responsibility
The Designer, is exempt from any responsibility and will not be held liable for circumstances brought on or directly concerning usage of or manipulation there of work performed and their end use, and reverse side named customers breach of terms with any vendor.
Payment and Fees
The reverse-side named customer acknowledges Designer payment terms to be: All accounts are due and payable upon receipt of invoice unless otherwise stated on the invoice, and customer agrees to remit payment in accordance therewith. The reverse side named customer further acknowledges that the foregoing payment terms are subject to change for any reason. A monthly fee of $10 will be charged for any invoice overdue by 30 days, and will be charged every 30 days thereafter. Additionally, overdue invoices will be charged compounded interest at a 5% per month.
Use of work or production
The work performed by designer is for inspection only. Customer agrees not to use any work, files or artwork, prepared or performed by contractor in any manner whatsoever until all invoices related to that work are paid. This means the art cannot be output or reproduced in any such as copy\ied, scanned, televised, electronically stored or used in layout, sketches, photostat, mock-ups, excetera until customer pays the invoice and then only in accordance with the invoice terms.
Rights of Refusal
Anything Anymated will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. The Designer also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that the Designer does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow the Designer to remove the contravention without hindrance, or penalty. The Designer is to be held in no way responsible for any such data being included.
Arbitration
A material part of this contract is the agreement to arbitrate any disputes. Any and all disputes related to this contract including its validity, interpretation, performance, breach or other matter shall be settled by arbitration in Omaha, Nebraska pursuant to the rules of the American Arbitration Association. Judgement upon any arbitration decision rendered may be entered in the highest court having jurisdiction. The interpretation of the contract shall be governed by the laws of the state of Nebraska. The prevailing party is entitled to reimbursement for all attorneys fees costs and other fees associated with the arbitration.
Cancellation clause
The kill fee for the artwork is a flat 50% of the project estimate for work that has been done up to the time that the customer notifies designer that they are going to continue. Furthermore, any work done up to that point is owned solely by designer. If designer and customer agree, designer will turn over any work done for the project, but designer will charge the full price for any work done not just 50% and the customer must pay the invoice upon receipt.
Disclaimer
Anything Anymated makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The Designer will not be held responsible for any and all damages resulting from products and/or services it supplies. The Designer is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold the Designer responsible for any such loss or damage. Any claim against the Designer shall be limited to the relevant fee(s) paid by the customer.
Anything Anymated reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. The Designer will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Anything Anymated reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Anything Anymated, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.anythinganymated.com.
