Terms & Conditions

Below is our revised terms and conditions dated August 14, 2010

We do work with legitimate web design/developer and seo companies 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, for all contracts $1500 or more, we will provide a written agreement in a pdf format for you to sign and return via fax and/or email.

We are currently working on an electronic agreement as well that will be available online within our site.

 
The Process of Communication and Agreement:

  1. The initial casual contact once made between an interested potential client and Discovery Towers is usually via phone or email.
  2. We at that point stipulate that all conversations be via email, phone, instant messenger or skype as long as they are backed up by email for both of our records. What this does is establish "Intent"
  3. Intent to see if we are the right kind of web designer/developer/seo service the potential client is interested in.
  4. "A Free Sample Website Mockup"  Discovery Towers shows "Intent" on providing reputable web design services by creating and posting to the Internet a custom "Free Sample Website Mockup" (No Cost or Obligation) for the potential client to view.
  5. 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.
  6. At this point we are now establishing a "recordable email paper trail" of "Intent" by both parties
  7. Once the potential client gives Discovery Towers the verbal/email go ahead to proceed with the website project a Deposit is required.
  8. 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.

 
Payments / Fees:

We Do Not Accept: Net15, Net30, Net60 etc.  All balances are due at the time of completion of the project or may be financed under the terms and conditions of our website financing agreement.

    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.
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Update or Hourly Rate Agreement:  On occassion when an hourlyr rate is more appropriate we will charge a $70. per hour fee. However, WE DO DISCOUNT THE RATE BY 50% if the fee is paid within 3 days of invoice receipt. 25% discount if paid on the 4th or 5th day from reciept of invoice and NO DISCOUNT IF PAID AFTER 5 Days..

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.

  1. Balances must be paid upon the completion of the website. Unless financing is agreed on in writing.
     
  2. 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.
     
  3. 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.
     
  4. 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.
     
  5. Free Limited 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 Limited 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.

 
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.

CREDIT CARD CHARGEBACKS & PAYPAL DISPUTES:

We will be the first to authorize a refund if we do not perform. However, If we have performed and through a series of emails can show service delivered we will challenge the dispute.

USING A CREDIT CARD NOT IN YOUR PERSONAL OR BUSINESS NAME: Often we will have a client use another family members credit card, partner and/or significant other. If this is the case, you will be required to provide an authorization statement signed by the cardholders name.