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All services provided by MaxMediaNY.com (Max Losk)
to the Customer are subject to the following terms and conditions.
1. Acceptance. A copy of these terms and conditions must be signed by all
new customers at the time of submission of work to Max Losk, indicating
agreement to and acceptance of these Terms and Conditions.
2. Communication. All e-mail communication between the Customer and Max Losk
is considered binding according to the date sent and received. Copies
of all e-mail sent and received will be stored and filed by Max Losk and
all instructions contained therein, is considered a binding contract
according to the date sent and received.
3. Charges. Once a design is agreed upon
via e-mail or post mail, charges for services to be provided
by Max Losk are defined by negotiation and project
agreement between the Customer and Max Losk. All
Web site design, Printing and Graphic design services require
an advance payment of 50% when returning this signed agreement.
Max Losk reserves the right to change the rates for
ongoing maintenance by posting the rate changes to the MaxMediaNy
web site (http://www.maxmediany.com). Payment for services
is due by check, money order, or credit card via PayPal.
4. Customer Review. Max Losk will
provide the Customer with an opportunity to review the appearance
and content of Web site or graphic materials throughout the
design process.
5. Turnaround Time. Max Losk will install and publicly post the Customer's
web site by the date initially specified in the communication between Max Losk
and the Customer, or if no such date is specified, within two weeks of
the date complete payment is received from the Customer, unless a delay is
specifically requested by the Customer.
6. Additional Payments. Invoices for additional
services will be provided by Max Losk upon completion
of the work for Web site design, graphic design services and
any maintenance services. The Customer may elect to receive
either e-mail or hard copy invoices. Invoices are due upon
receipt.
7. Default. Accounts unpaid thirty (30) days after the date of invoice will
be considered in default. If the Customer in default requests further
services or maintenance to their web site, Max Losk may decline until any
outstanding charges assessed to the Customer's account are paid. Checks
returned for insufficient funds will be assessed a return charge of $25 and
the Customer's account will immediately be considered to be in default until
full payment is received. Customers with accounts in default agree to pay
Max Losk reasonable expenses, including attorney fees and costs for
collection by third-party agencies, incurred by Max Losk in enforcing these
Terms and Conditions.
8. Termination. Termination of services by the Customer must be requested in
a written notice with the Customer's signature and will be effective on
receipt of such notice. E-mail or telephone requests for termination of
services will not be honored. The Customer will be invoiced for design work
completed to the date of first notice of cancellation for payment in full
within thirty (30) days.
9. Returns and Refunds. Since each order
is unique to customer and has no re-sale value, All Sales
Are Final. No Refunds or Credit for any Web, Graphic design
services or printing. Customer must notify Max Losk
within 5 business days of printing order acceptance to notify
any manufacturer defects discovered in the ordered product.
In order to receive replacement Customer must return 100%
of the received product within 15 days (on their own expense)
from the time when the ordered product delivery was taken.
All charges related to expedite printing (Rush Printing or
Shipping) are NOT REFUNDABLE, including for those orders that
are returned for any reason.
10. Legal & Content Restrictions. Max Losk's services may be used for lawful
purposes only. Submission, transmission, or maintenance of any information
or materials in violation of any state or federal statutes and/or
regulations is prohibited. This includes, but is not limited to, material
legally judged to be threatening, inappropriate or obscene. All hosted sites
are required to maintain the dignity of Max Losk and not reflect the Max Losk
in a negative way. Sites may not consist of pornography and/or
objectionable material (racist, sexist, foul language, etc.). All material
considered "adult" or profane by Max Losk will not be allowed on Max Losk's partner servers.
Flat Rate reserves the right to refuse service to anyone
without providing further reason or cause.
11. Copyright. Customer retains the copyright
to data, files and graphic logos provided by the Customer,
and grants Max Losk the rights to publish and use
such material in advertisement and promotion of Max Losk.
Custom artwork and graphic logos designed by Max Losk
for use in the Customer's Web presentation will remain the
property of Max Losk; at its discretion, Max Losk
will grant the Customer rights to use such material in formats
other than Web presentations. A separate written agreement
must be entered into, in the event that the Customer wishes
to obtain all rights for custom artwork or graphic logos designed
by Max Losk. The Customer must obtain permission
and rights to use any information or files that are owned
or copyrighted by a third party. Third party art works and
templates might be used, in this case additional license must
be purchased by client. The Customer is further responsible
for granting Max Losk permission and rights for use
of the same and agrees to indemnify and hold harmless Max Losk from any and all claims resulting from the Customer's
negligence or inability to obtain proper copyright permissions.
Every contract for Web site design and/or placement or Graphic
design services shall be regarded as a guarantee by the Customer
to Max Losk that all such permissions and authorities
have been obtained. Evidence of permissions and authorities
may be requested by Max Losk and must be provided
within 10 days of first notification.
12. Standard Media Delivery. Unless otherwise specified in the project
proposal, this Agreement assumes that all text will be provided by the
Customer in electronic format (ASCII text files delivered on floppy disk or
via e-mail or FTP) and that all photographs and other graphics will be
provided physically in high quality print suitable for scanning or
electronically in .gif, .jpeg or .tiff format. Additional expenses may be
incurred and will be invoiced accordingly for corrective work, conversion of
media or outside facility charges. Although every reasonable attempt shall
be made by Max Losk to return to the Customer any images or printed
material provided for use in creation of the Customer's Web site, such
return cannot be guaranteed.
13. Design Credit. A link to Max Losk
may appear in either small type or by a small graphic at the
bottom of the primary "home" page of the Customer's Web site
or other Graphics. If a graphic is used, it will be design
to fit in with the overall site design.
14. Web Site Access Requirements. The Customer's
Web site will be installed on a third-party server, Max Losk must be granted temporary read/write access to
the Customer's storage directories, and those directories
must be accessible via FTP. Depending on the specific nature
of the project, other resources might also need to be configured
on the server.
15. Right To Pull. By signing this Agreement,
the Customer agrees to give Max Losk "on demand"
access to the Customer's installed Web site regardless of
where it is hosted, and further agrees that Max Losk
shall have the right to remove that site from public posting
for failure to adhere to the terms of this Agreement, including
violation of any licensing agreements or failure to pay fees
duly assessed.
16. Post-Placement Alterations. Max Losk cannot accept responsibility for
any alterations caused by a third party occurring to the Customer's pages
once installed. Such alterations include, but are not limited to additions,
modifications, or deletions.
17. Indemnity. The Customer agrees to indemnify and hold harmless Max Losk
from any and all claims resulting from the Customer's use of Max Losk's
services which cause damage to the Customer or a third party.
18. Disclaimer. Max Losk makes no warranties of any kind, whether express
or implied, for the services it provides. Max Losk also disclaims any
warranty of merchantability or fitness for a particular purpose. Max Losk
will not be responsible for any direct, indirect or consequential damages
which may result from the use of its services including loss of data
resulting from delays, non-delivery or interruption in service. The Customer
acknowledges and agrees that Max Losk cannot guarantee the absence of
service interruptions caused by Acts of God or other circumstances beyond
its control.
19. General. These Terms and Conditions supersede all previous
representations, understandings or agreements and shall prevail
notwithstanding any variance with terms and conditions of any order
submitted, save only for any exceptions specifically outlined in the project
proposal. The Customer's signature below constitutes agreement to and
acceptance of these Terms and Conditions. Max Losk reserves the right to
change the terms and conditions of the acceptance of future orders for
authoring and placement of the Customer's pages.
20. Governing Law. This Agreement shall be governed by the laws of the State
of New York of the United States of America, which shall claim venue and
jurisdiction for any legal motion or claim arising from this Agreement. This
Agreement is void where prohibited by law.
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MaxMediaNY.com does NOT use any visitor information for any purpose other
than to help improve the Web site. Email addresses submitted through our forms
and any other visitor information is never sold or used for any other purpose.
Information allows us to respond to inquiries if needed, improve our Web site,
and ban spammers and hacking attempts.
In addition, no visitor information is available at this Web site or anywhere else that is publicly available.
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