The following is the terms and conditions for services provided to client ("you", "client") by Key Web Studio ("us", "we", "our") for client. By agreeing to do business with Key Web Studio you are agreeing to this policy called ("Agreement" or "Customer Service Agreement") displayed in the http://www.keywebstudio.com website. This service agreement is subject to change without prior notification. Custom SLA agreements can be issued on a project by project basis and are in addition to this agreement. The custom SLA may rule over this agreement in some cases, except in the event of account cancellation, in which case this agreement will rule over any other. This agreement hereby precludes any previous versions of the Key Web Studio Service Agreement, and this document will be enforced and is applicable to all Key Web Studio customers (customers, clients = "people who do business with Key Web Studio").
This Agreement (including any claim or controversy arising out of or relating to this Agreement) shall be construed, interpreted and the rights of the parties determined in accordance with the laws of the State of Colorado (without regard to conflict of law principles that would result in the application of any law other than the law of the State of Colorado). The parties expressly agree that any legal proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby may be brought only in a court in Denver County, Colorado, so long as such court shall have subject matter jurisdiction over such legal proceeding, and that any cause of action arising out of this Agreement shall be deemed to have arisen from a transaction of business in the State of Colorado, and each of the parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such legal proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such legal proceeding in any such court or that any such legal proceeding brought in any such court has been brought in an inconvenient forum. Process in any such legal proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court.
Key Web Studio reserves the right to refuse business to anyone for any reason. Key Web Studio also reserves the right to quit a project or account for any reason at any time.
All material given to Key Web Studio for the purposes of design of said website is confidential and private. Key Web Studio agrees not to use said materials other than for the intended purpose. At the request of the customer, all materials will be returned and or confidentiality maintained.
All material given to Key Web Studio must be submitted in electronic format and through the medium chosen and required by our project team, unless otherwise negotiated between Key Web Studio and client. Invoices will be sent via email to a designated email you provid for billing purposes, and if you do not designate an email address specifically for billing purposes, the primary account email will be used for billing purposes. Paper copies ov invoices are not provided unless specifically requested by client.
All Intellectual property and technology included in the development and final design by Key Web Studio for said client is the property of Key Web Studio until payment has been received in full for said services and any associated fees. Upon payment in full, Key Web Studio will transfer all ownership of said property to the client, unless product is a licensed product in which case rules regarding ownership are referenced in the license agreement upon completion where applicable.
We do not allow or condone any content that is pornographic, drug or gang related, or illegal in nature. Client promises to abide by this rule, or client account canbe terminated without warning or refunds of any kind.
Client realizes that website design fees are for the original development of said website according to our understandig of the project scope aid forth, at best efforts by Key Web Studio. The website design fees do not include continual updates and changes to said website past the original release. Client is subject to additional fees for project work requests that are outside the scope of the original estimate of scope, as well as maintenance, cross-browser updates, changes, and any upgrades to original design. Client understands that Key Web Studio is the sole authority and decision maker in determining whether work is out of scope or not.
Once a project begins, all new ideas, upgrades, or major variances will be considered a separate project and will be quoted and billed in addition to original work. Electronic signature or emailed authorization by client is considered sufficient approval of new work and will be billed, and become due and payable. All quotes and proposals expire 30 days after issuance. Once quotes expire a new quote may be issued based on current pricing.
Unless otherwise negotiated and at the sole discretion of Key Web Studio, all project meetings will be conducted virtually using either email, or Virtual Collaboration Technologies selected by Key Web Studio. Online and vrtual collaboration may be recorded at the discretion of Key Web Studio. Communication and authorizations will be by and large conducted primarily by email. Phone calls must be scheduled via email to avoid communication delays due to variances in client and staff schedules. On-site meetings can be conducted at the at the sole discretion of Key Web Studio, and at the clients expense and approved meeting location, including any travel fees for air flight, lodging, and other travel charges associated. No on-site project meetings will be conducted without receipt of a project deposit of at least $25% of the project cost prepaid.
Unless previously negotiated, client understands that payments to Key Web Studio must be successfully paid on time in order for work to ensue or continue on. It is the client’s responsibility to ensure that payment arrives on time. It is the clients responsibility to ensure that credit card information is up to date and expiry is current prior to the date or planned charge date. We accept checks for annual hosting fees, and for project payments, as well as our preferred methods for all services which include Visa and MasterCard. If client check is returned, a returned check fee of $50 per check will be charged to client’s account, and payment will be due immediately, and client may be subject to late fees for late payment or no payment on this fee.
Payments are considered late at teh close of the next business day after the due-date stated on invoice, and exclusing Holidays. A late fee of $35 will be applied to each late invoice for each week that payment is not received in full. Accounts that have an any invoice(s) past-due for 30 days will be terminated, along with any services or projects. Dues and fees must be paid in full in order to resume project work or account services. In the event of a late payment, Key Web Studio reserves the right to change any agreed payment structure or custom agreements between client and Key Web Studio. Client agrees to hold Key Web Studio harmless of any delays and any subsequent issues or costs that may arise related to delays to project caused by late payment.
Client agrees to follow the Key Web Studio design Processes, which typically inlcudes a mix of five general phases or more as determined necessary to your goals by Key Web Studio: Planning, Prototyping (iterative design), Development (Coding), Testing (Cyclical), and Deployment. Design and Development methods, strategies, processes, and tools are non-negotiable, and client agreees to follow and abide by Key Web Studio Processes. If client refuses to abide by said Processes, Key Web Studio reserves the right to terminate client project without liability or refunds. Requests for changes can be made but any consideration or decision to accomoate said requests is at the sole discretion of Key Web Studio and accomodations will immediaty void any and all guarnatees or commitments to project timelines, industry standards of quality of code or design quality, and all responsibility for any project outcomes. Client understands and agrees to that in hiring Key Web Studio to perform web services, that said web services will be perfomred according to expertise of project team in a way deemed suitable and necessary to achieving the objectives set forth in the project plans, and client agrees to comply with professional web design and development Process.
Client agrees to payment terms negotiated between Us and Client and decided upon by Key Web Studio. Money paid to Key Web Studio for work done is non-refundable and non-transferrable. Any incidental exceptions are made solely at the discretion of Key Web Studio.
Client understands that Key Web Studio is not responsible for Copyright and Trademark violations of material provided or requested by client. Client understands and agrees that no fees can ever be retrieved from Key Web Studio beyond the dollar amount paid for the service associated in any dispute between client and Key Web Studio. Client agrees to hold Key Web Studio harmless against any legal disputes that might arise from the development and outcomes thereof of completed or partially completed projects. Key Web Studio is not responsible for any projected or non-projected income, profit or loss or any other financial potential or fact beyond the total amount paid by client.
By utilizing or continuing to utilize products or service of any kind from Key Web Studio, you are declaring that you are an authorized personal to act on behalf of self and or company you own or are employed with, and you acknowledge that you have read and accept the terms of this agreement, and promise to abide by all terms and conditions in this agreement for as long as you and said company do business with Key Web Studio.
For questions regarding our Service Agreement, please email email@example.com