Proaxxs Web Design Policies / Terms of Service

This Service Agreement is hereby entered into by and between Proaxxs Advanced Technologies (Proaxxs, LLC), hereafter referred to as Proaxxs, it's design team and 'YOU' hereafter referred to as Client. When a Client signs up for our services from our order form or by making at least one payment to Proaxxs for our services, you agree to the following Terms and Conditions of Service.

Design Services

Proaxxs Design Services designs websites and other website-related services, including, but not limited to, new custom designed websites, support, updates, and modification of websites, graphic design, programming, coding, e-commerce, flash, and additional website-related services.

Communication

Once payment has been received and your design project has started, you must be available via e-mail, to answer all questions and complete tasks throughout the design process. Almost all communication will be done via e-mail and not by phone, fax, postal mail or in person. This process often requires many back and forth emails. The quicker we can communicate, the quicker we can get your project finished.

Hours of Operation

Our normal work days are Monday through Friday. Each designer sets his/her own hours. If you require work done outside of your designer’s normal hours, such as on weekends or holidays, you will be charged an additional charge for after-hours assistance. If your project’s deadline requires a designer to work outside of her normal business hours, a rush fee will apply. While we strive to complete projects quickly, we can not guarantee a time frame to complete. All time frames given are estimates only and are subject to change.

Ownership and Copyright

Client must have ownership or written permission to use all content he/she provides Proaxxs Design Services for use. It is up to each Client to ensure his/her design and/or content does not infringe on any trademark, service mark, or copyright. Proaxxs cannot be responsible for intellectual property infringements on behalf of Client.

Project Ownership

Ownership of final artwork designed by Proaxxs Design Services on behalf of the Client will be transferred to the Client upon final payment, unless otherwise specified by Proaxxs Design Services. This does not include code or software. Copyright on all software and code remains the property of Proaxxs Design Services or its otherwise respective owner.

Website Construction Procedure

Client must submit content to the design department before site construction begins on any custom website. After content is submitted, website design begins. The design and content layout are completed by the designer and presented to the Client for approval. After the Client approves the design, the website will then go into web page development. Once the page has gone through the programming stages and is ready for website functionality the Client will be contacted for final testing stages prior to going live.

Mockups and Sub Pages

Mockup of main page will be provided for your feedback and approval. Once approved, all sub pages will be created using the same design as the home page. Once you approve the mockups, we will start coding your site, if you ordered a package that includes coding. Once coding is finished, we will provide a temporary URL where you can view your coded design work.

Client Approval

Client is responsible for testing the functionality of the website upon request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages as determined by the original sale. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client. It is important to double check your website and make sure you do not require any additional design changes. Although text can be edited after this point, all design changes to images, headers, navigation bars, or site menus, will incur additional charges. The Client understands and agrees that if the Client does not respond within 5 business days to Proaxxs Design Services request for approval and notification that the website has been completed, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client, and the website will be taken live “as-is”.

Turnaround Time

Proaxxs Design Services takes pride in handling requests in a timely manner. Starting from the date of project initiation, Proaxxs Design Services will provide initial mockup within 24-72 hours, for your feedback, or approval. Once approved, we will move to the next phase of your project. Each design phase will be completed in the shortest time possible, which will usually be done within 24-72 hours respectively. If Website coding is requested, this can be very time consuming and may take several days to a week or more to complete, depending on project size.

Revisions to Website Design

We take pride in providing attractive professional designs, and the vast majority of our Clients are very pleased with the designs we create for them. However, design is a subjective art, and not everyone's tastes are the same. While we will gladly make initial minor modifications for no additional charge, it is important to be clear on how revisions to the look of a website design are handled. Design preferences should be specified prior to the start of any design work. If any design preference stated initially was not met, adjustments will be made free of charge. If Client changes his/her mind after the completion of the work, adjustments will be made either by quoting a flat rate or by the hour at $50 per hour. A revision is a minor change request, such as changing a font, pattern, or colors. A major change (such as requesting a different layout than the one you selected) is not a revision. That is a whole new design and requires placing a new order.

Revisions After Website Goes Live

There will be no charge for minor updates and changes to web site for one month beginning when web site is transferred to Client. Minor changes are limited to: changing wording, or making general design or text corrections. Proaxxs Design Services hourly rates will apply to retyping of lengthy text, adding new text, adding new images, adding new pages, re-coding or any other major changes not included in purchase. Be advised that once Client modifies and/or recodes a coded site, Proaxxs can not be responsible for inconsistencies in code.

Enhancements to Website

Client may purchase enhancements to the website at the time of initial sale or anytime thereafter. Enhancements to the website may include, but are not limited to, custom programming, flash, logos, galleries, rollovers, design changes, content changes etc. Client’s requests for enhancements to the original sale will be due and billed separately and at the time of request. Once work has begun on enhancements purchased by the Client there is No Refund if cancelled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale.

Cross-Browser Compatibility

Proaxxs Design Services codes designs to meet the standards that comply with the latest and most popular browser versions and is not responsible for inconsistencies that may appear when older browser versions are used. Any web site we create will be viewable in current versions of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome and Safari. We cannot guarantee error-free viewing in any browser that includes third-party plug-ins. Compatibility is defined herein as all critical elements of each page being viewable in these browsers. Client is aware that some Internet technologies may require a more recent browser version, operating system, and brand or plug-in.

Deadlines

Proaxxs Design Services is not responsible for not meeting Client imposed deadlines that have not been pre-approved by both parties in writing. Proaxxs Design Services is not responsible for any delays that occur in meeting deadlines that result in Client providing incomplete, partial information/content or for Clients providing late/delayed feedback or response.

Customer Service

Proaxxs Design Services strives to offer the best customer service available. Representatives can be reached Monday thru Friday to help answer your questions and provide you with support. Customer service complaints or concerns should be sent through our helpdesk by opening a ticket to the feedback department.

Prices

Prices are subject to change without notice. However your price will remain the same as when you signed up, during your contract period.

Marketing Rights

Client agrees that Proaxxs may refer to Client, or Client's business in Proaxxs marketing materials, the Proaxxs website, and communication to Proaxxs' current and prospective Clients. Client grants Proaxxs a limited license and permission to use any Client trade name and/or trademark for such, and only for such, purposes, unless you selected the "White Label" option on order form.

Payment Policy

Unless shown otherwise in the payment options given at checkout, Proaxxs Design Services requires 100% of the total service or product price to be paid at time of purchase. Projects where the total cost has been divided into two payments for your convenience require an initial deposit (roughly 50%) up front. The remaining 50% balance will be due on completion of your project. All amounts must be in US Dollars ($ USD) and made by credit card or through PayPal, unless prior arrangements have been made. After project completion, Proaxxs Design Services charges 10% of the total outstanding balance for invoices not paid within 10 days, and then a $10 late fee each month late. Clients experiencing a financial hardship should contact Proaxxs to discuss payment options.

 

All invoices that remain unpaid after fifteen (15) days of the designated invoice due date may be referred to our collections agency. The collections agency used by Proaxxs may vary from time to time. In the event your account is referred to the collection agency, you agree to pay a "Collections Fee" of not less than $50.00 USD and not more than $150 USD, in addition to the original amount due and any additional charges that we added to your account. If civil litigation is deemed necessary to collect a past due balance, the Customer agrees to pay all of our court and solicitors fees, in addition to the collections fee, original amount due, and any related charges. The Customer agrees to a place of venue of the Company's choosing.

Refund Policy

Except as specified elsewhere in this agreement, all payments to Proaxxs are final and non-refundable. This includes the one-time setup fee and all subsequent charges or fees. Refunds will only be made where we are legally obligated to do so. We may also provide refunds at our discretion. If you believe you have been overcharged or falsely billed, you must communicate these concerns to our Billing Department within twenty-eight (28) days of such overcharge or false billing.

Billing Disputes

Initiation of any complaint or Bank Assisted Dispute (chargeback) against us constitutes a severe breach of this agreement. A "complaint or chargeback" shall be defined as initiating any form of complaint or chargeback with PayPal, your credit card issuer or bank. Upon receipt of a complaint or chargeback, or threat thereof, Proaxxs will immediately suspend or cancel all Services provided to the Customer. If we do not hear from you within twenty-four (24) hours of such suspension or cancellation, we will immediately cancel and terminate all services provided, not just the service that is being disputed. There will be an automatic minimum $35 chargeback fee added to your account. We will then initiate proceedings with our collections agency to collect and recover the full amount for services. In the event our collections agency is involved, the Customer agrees to pay a "Collections Fee" of not more than $150.00 USD in addition to the total of all charged back services.

Project Inactivity Penalties and Fees

It is imperative that Client communicates with Proaxxs on a regular basis. If Client does not updated Proaxxs within a reasonable amount of time, we may consider the project abandoned by Client, and Proaxxs reserves the right to cancel the project due to inactivity. If project is abandoned by Client, Proaxxs may sell the design to someone else, and Client will forfeit all deposits paid to Proaxxs, for work done. Proaxxs reserves the right to charge Client a monthly maintenance fee of $10 until project is sold. If project is still available during the maintenance period, and Client requests the project to be finished, Client agrees to pay balance in full, plus there will be a reactivation fee of $25 for logos and banners, $50 for other graphic work, and $100 for coded web design and development. These fees are used to cover search, project/design re-acquaintance, and designer workload restructuring associated with the project inactivity.

Termination

Proaxxs reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by Proaxxs. You agree that Proaxxs shall not be liable to you or any third party for any rejection, cancellation or termination of your order. In the event that Proaxxs rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Proaxxs will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.

Refusal of Service

Proaxxs reserves the right to decline to do business with any Client for any reason.

Jurisdiction

This contract and agreement shall be governed and construed in accordance with the Laws of the State of Wyoming, County of Laramie, in the United States of America and the parties submit to the non-exclusive jurisdiction of the Courts of the said State, County and Country.

Staff Abuse

Abuse or disrespect directed towards our staff will never be tolerated. If you are disrespectful, use foul language, threaten us, or do anything else we may find offensive, you will be considered in severe breach of this agreement. Violations of this policy carry heavy penalties including, but not limited to, warning, extended suspension or cancellation of all Services provided. Prior to unsuspension or disconnection of a Service suspended or canceled for violation of this policy may be subject to an "Administrative Charge" of $50.00 USD. As per this agreement, no refunds will be offered in the event that cancellation is considered.