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Terms &
Conditions
Below is our revised terms and
conditions dated 09/04/07
We do work with legitimate web
design folks that need help or have overflow, but we
need to know up-front.
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It is the policy of Discovery
Towers to be as casual and easy to work with as
possible to the client. However, These Terms &
Conditions have been created out of necessity to
protect Discovery Towers from abuse by those that
abuse our casual verbal work agreements, work effort
and payment structure.
Although our attorney highly recommends that we
utilize a written agreement, we still believe in "A
Person's Word Is Their Bond". So what we have done
to keep the abuse to a minimum and still maintain a
"Easy To Work With" atmosphere is to create the
following Terms and Conditions. There is still no
official written agreement. However, |
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The Process of Communication and Agreement:
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The initial casual
contact once made between an interested
potential client and Discovery Towers is usually
via phone or email.
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We at that point
stipulate that all conversations be via email or
phone as long as they are backed up by email for
both of our records. What this does is establish
"Intent"
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Intent to see if we
are the right kind of web designer the potential
client is interested in.
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"A Free Sample
Website" Discovery Towers shows "Intent" on
providing reputable web design services by
creating and posting to the Internet a custom "Free
Sample Website" (No Cost or Obligation) for the
potential client to view.
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The next steps
usually are a combination of phone calls and/or
emails between both parties trying to see if the
"project/web package/price" is agreeable between
them.
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At this point we are
now establishing a "recordable email paper
trail" of "Intent" by both parties
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Once the potential
client gives Discovery Towers the verbal/email
go ahead to proceed with the website project a
Deposit is required.
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The Deposit is 50%
and in itself the confirmation by the now
"Client" as having agreed to the website project
and all that it entails as described in the
previous emails and the price as the 50% deposit
would indicate that it is half of the price
agreed on.
At this point, once the
deposit is received we then proceed with the project
and most projects are completed within or less than
the anticipated time of completion. However, on rare
occasions the client and/or us due to forces of
nature or other unforeseeable events, the client
fails to provide all of the needed content in a
timely manner. Or, we fail to meet the anticipated
deadline. These things happen and common sense
should prevail. |
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Payments / Fees:
Deposits:
50% is required to start the work
Balances Due: The remaining 50% is
due upon completion of the job and in some
instances is required before posting the
project, job and/or update.
We Do Not
Accept: Net15, Net30, Net60 etc.
All balances are due at the time of
completion of the project.
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Discovery Tower
Multimedia only accepts the following payment
options:
Credit Cards: Visa, MasterCard, American Express
Bank-Check-Cards: Bank check cards must have
the visa or MasterCard logo on the card.
PayPal Direct Pay: You can use your personal,
premiere or business PayPal account to send money
directly to our PayPal account by clicking on the
“Send Money” Tab in your PayPal account and typing
in our “PayPal Email Address”
rs@discoverytowers.com
We will accept
echecks from PayPal but the funds must clear
first before we begin or release any existing or new
work. This process has an additional delay of
approximately 3-4 days.
Western Union: We
accept Western Union money transfers as well.
Note: This should be used as a last resort if you do
not have a credit card or check card.
NOT ACCEPTABLE:
We do not accept
personal checks, business checks, bank checks or
drafts.
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Balances must
be paid upon the completion of the website.
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Final Payments / Completion of the website is
defined as, the hosting, domain name, a
basic customerservice@domainname.com
and email account and all pages stipulated by
the client via email are created and posted to
the Internet. The complete content does not have
to be existing within each webpage for it to be
considered complete. At which time the
Yearly
Free Updates Service Applies.
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Content: In
all instances, content is the responsibility of
the client. Images, text and pdf files. Content
that basically describes the who, what, when,
where and how of products and services offered
is the responsibility of the client to get this
information to Discovery Towers via email in a
prompt manner.
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Content Delay:
Often a client with good intentions will delay
in getting all of the content to Discovery
Towers. It is this reason that if all of the
conditions are met in #2 above then the balance
is due immediately. This however, does not end
the relationship between client and Discovery
Towers.
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Free Updates All Year Long:
What happens if the client for whatever reason
is unable to provide all of the content during
the initial web design process, there is no
problem as the "Free Yearly Update" service is
instantly activated from the day of the actual
posting of the website. So there is no pressure
on the client.
(A delay of
providing content cannot be used as an excuse to
delay making the final payment)
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Failure to pay for
the completed project will result in loss of
deposit and suspension of website up to 30 days.
Upon the completion of the 30 day suspension the
website and hosting account will be terminated. No
refund will be provided.
At least once a year we
get someone who starts a project and then for
personal reasons chooses to back out. Not as a
result of lack of performance on our behalf but
merely a change of mind.
Because we have literally accepted the deposit,
started and in many cases finished the job, the
client at that point cannot expect us to return the
deposit merely because of a personal situation or
financial difficulty expecting us to simply not
charge for work done. This is the purpose of the
deposit. To ensure that we get paid for work
produced. It’s a good faith process that the client
is confident that we will perform. However, once we
perform and do the work, we will not refund the
deposit.
REFUND EXCEPTION:
If Discovery Towers
Multimedia does not perform and complete the project
as agreed on and the client within a reasonable
period of time and there is good cause to
discontinue the service, The deposit will be
promptly refunded. However, If the project is a
difficult and/or lengthy process that was recognized
in advance by both the client and Discovery Towers
Multimedia and a major amount of labor and effort
has been applied to the project, the client may be
subject to a pro-rated refund. However, in most
cases the deposit amount may not even meet the level
of cost applied to the services/labor/features
already provided. In which case, the client may be
billed for the additional work that was not
accounted for in the deposit.
It is our intention to
be “Fair” in our practices and we expect our clients
and/or customers to be “Fair” in return. |
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SANDBAGGING:
Sandbagging is a term for the
client who attempts to add additional services
and/or features to their existing project
without payment.
Example: The
client agrees to a particular fee for particular
services and features. Then as the project is
started, the client says “I also need that
feature to do this extra feature”.
Unfortunately that extra feature was not
discussed and the original bid was given based
on “Not having that extra feature” Then the
client says “I thought that was included”.
This is a very
typical approach and is keenly done by many
folks out there. There are literally sales
classes that teach people how to “Negotiate a
Better Deal” and this is a popular technique and
will not be tolerated.
If you legitimately
do want an extra feature, a fee will be added to
that feature and you can select to have it done
or not. Our fees are below industry rates
already and we simply cannot afford to give away
services that extend our resources. |
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