Terms & Conditions
When Client (corporation, proprietorship, partnership or individual) appoints infinFX to act as Contractor on the Client's behalf for the purposes of a specified assignment, the Terms & Conditions below are in effect.
- Payment: First month payment must be received within seven (7) days of client leasing agreement. In the case of a prepaid contract, payment of 50% percent must be received within seven (7) days of contractual signing, and 50% upon completion, unless otherwise noted in proposal. For Web Marketing Plans, an initial $349 setup fee will be charged unless the Client is prepaying six (6) months, one (1) year, or two (2) years in advance.
- Commissions & Taxes: Taxes will be is added to all supplier invoices. Applicable sales tax is added to all production expenses invoiced, including production commissions billed.
- Invoicing: Itemized budgets are submitted in writing for client approval prior to expenditure. Client signature authorizes contractor to expend budgets. Client change orders after production begins will be billed as extras if additional charges are incurred. Unless otherwise indicated, budgets are valid for 14 days. Costs are subject to change if specifications, rates or vendor costs change. Expenses will be invoiced as necessary to meet supplier obligations; advance payments are required.
- Rights & Permissions: Client has obtained all rights and permissions required in order that data, recordings, artwork and printed materials supplied by Client to infinFX may be replicated onto or into compact disc(s); that the data, recordings, artwork and printed materials will not infringe upon any trademark, copyright, contract, property rights and that customer has paid any and all royalties or other charges to be paid pursuant to copyright law of the United States, any statute, order, or other law, right or contract governing such materials; and the materials do not contain matter which is libelous, defamatory, obscene or invades the rights of privacy or rights of any individual. infinFX registers and owns the domain name. Materials obtained by infinFX for license to this production will be invoiced to the client for payment before use. In some cases, copyright of creative work may remain with the outside vendor, and the Client will pay "use fees" for specific promotion al purposes. Client will receive a copy of creative developed and a infinFX representative must complete necessary adjustments, if any are required at a later date. Payment entitles the client only to usage as specified. infinFX retains the right to use creative developed for client in any future advertising. infinFX registers and owns the domain name.
- No Liability for Damages: In no event shall infinFX or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss)arising out of the use of or inability to use this product, even if the company has been advised of the possibility of such damages. In any case, infinFX and its suppliers’ entire liability under any provision of this agreement shall be limited to the amount actually paid for the website development, creative development, and hosting services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. In no way do we guarantee ranking or position on Search Engines or Directories.
- Termination: Client reserves the right to terminate any assignment at will, in which case infinFX will be compensated to the completion of the current status of work, and all expenses will be due and payable immediately. infinFX reserves the right to terminate any assignment without penalty and deliver current work on any assignment to the Client, with all invoices for work to date then due and payable immediately. In case of month-to-month payment agreement, if Client decides to terminate contract, a cancellation fee of $499 must be paid. Upon monthly payments concluding and/or two (2) year commitment being fulfilled, in order to maintain domain name, a fee of $20 per month is required.
- Copyright: Ownership of content is property of Client throughout the contract. Web site design and layout remain property of infinFX, LLC until contract fulfillment.
- Authority: The person signing on behalf of the Client hereby personally represents and warrants that she/he has full authority to approve this proposal. infinFX accepts any orders herein in reliance on that representation and warranty.
- Late Charges: All fees and expenses are due and payable when invoiced. Invoices not paid within 30 days are subject to interest penalties of 3% per month.
- Collections: If Client fails to pay as approved, Contractor will be entitled to all reasonable costs of collection, including attorneys' fees, court costs and all other related expenses. Laws of the State of Arizona shall apply.
* The term supplier refers to infinFX, LLC.