Service Terms & Conditions
1) ARTWORK SERVICES & OWNERSHIP
1.1) Websites produced by GM Web Services are supplied as a fully functioning website as described in the original brief or specification provided to us or created by us. This does not include any original artwork files such as Photoshop PSD files, Illustrator files or fonts used for the creation of artwork used to create the site.
1.2) The same applies for any other artwork services provided by GM Web Services for print or other media. The only exception being logo design whereby the original artwork is provided in EPS format for application as required.
1.3) Original artwork files are intellectual property of the author/artist/creator and GM Web Services is not obliged to supply these for use by clients or other service providers.
1.4) Fonts cannot be supplied to clients as this is a direct breech of copyright laws. All fonts must be purchased from the originating foundry or creator.
2) WEBSITE & SOFTWARE DEVELOPMENT
2.1) Each project development follows a predefined process. After each stage of development is signed off, if there are changes to be made that are related to the work signed off, additional charges will be incurred. For example, if the client signs off on a design concept, we move on to HTML programming and then the client requests changes that are part of the design concept stage, additional changes will be incurred at an hourly rate.
2.2) Any additional changes to the design of your site will incur an additional fee which we will quote prior to commencing additional work. This quote will be based on an hourly rate of $85.
4.1) Payment must be made as outlined in the quotation or proposal document provided by GM Web Services. When invoices are generated for progress payment, payment must be made before the next stage of development may commence.
4.2) Final balance payment is required before any files are uploaded to the web server and any other supporting documents or files are delivered to the client.
4.3) Once a payment has been received you have entered a service agreement with us to provide you with services as described in this document.
5.1) We provide all websites with a 3 month warranty.
If there is any issue with functionality or display of your website on any computer platform of browser, simply notify us of the issue and we will fix it for free with the 3 month warranty period.
5.2) Additionally, if you have made a mistake with the content you have supplied us, such as a name, phone number or anything else, we are happy to make those changes for you free of charge within the 3 month warranty period.
5.3) Custom Built products, unless otherwise specified, carry a DOA (Dead on Arrival) warranty under which GM Web Services will repair or replace defective products at our discretion for 15 days. Warranties do not cover damages caused by the misuse or mishandling of equipment by the purchaser or other users, nor do they cover parts installed by the purchaser or other users. Warranties are void if the product has been dismantled or altered. After the 15 warranty client must contact the parts manufacture for warrantee.
6) LIMITATION OF LIABILITY
GM Web Services does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free. GM Web Services does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and MWD disclaims any liability relating thereto.
You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use. The entire risk as to the quality and performance of the webpages and website is with client.
To the extent not prohibited by law, in no event will GM Web Services be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, however caused, even if GM Web Services has been advised of the possibility of such damages. Additionally, in no event will MWD be liable for any content provided by clients. Client shall indemnify and hold harmless GM Web Services and its managers, employees, agents, affiliates, and subcontractors from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including attorneys’ fees and costs) which arise out of, relate to or result from any act or omission of GM Web Services on Client’s website.
This Work Statement Agreement is governed by the laws of North Carolina without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with GM Web Services or relating in any way to your use of the created webpages or Internet website resides in the courts of the North Carolina.
7.1) EMAILS. All information you will need to set up your email accounts will be sent to you by email. Please print this information and keep it at hand for future reference.
7.2) You can contact us on (+1) 910.619.7070 with any queries regarding your account between the hours of 9am - 5pm EST Monday to Friday.
7.3) You can send enquiries to us by email anytime by emailing: [email protected] Please allow up to 12 hours for a response depending on the time of day you send your enquiry.
Credit Card Payments (Visa, MC & American Express) can be processed at:
Checks are also acceptable and are payable to:
GM Web Services
341-11 S. College Rd.
Wilmington, NC 2840
Our payment policy for website projects & software development is as follows:
New Website Projects & Software Development
Because there is a lot of work involved in developing a website, we require progressive payment to help us provide you with the best possible service.
A deposit payment of 50% is required. If the project takes more than 4 weeks partial payment arrangements can be made with the final balance for either payment arrangement required before a website can be made live and final rights are handed over. This payment arrangement is designed to allow us to run our business effectively without compromising our service or delivery schedule to you.
Please note that there is no 30 day credit for any website development. Failure to fulfill a payment obligation may hold up the overall development schedule.
Changes to existing websites
For any additional work to a website, we will give you a quote up front. If the quoted amount is less than $1000, payment will be required on completion of the work but before we make the changes live. For quotes over $1000 a 50/50 split payment is required. The payments for these are as detailed above. Please note that there is no 30 day credit for website upgrade or maintenance work.
Graphic Design and Print Management
All payment is required before artwork is released or printing is delivered.
For clients that have been trading with GM Web Services for more than 3 months, invoices are issued and must be paid within 7 days. A credit application may be made for a 21 day account but will apply to clients who place jobs with GM Web Services on an ongoing basis.
1. Confidential Information.
Owner proposes to disclose certain of its confidential and proprietary information (the "Confidential Information") to Recipient. Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, to Recipient by Owner. Confidential Information disclosed orally shall be identified as such within five (5) days of disclosure. Nothing herein shall require Owner to disclose any of its information.
2. Recipient's Obligations.
A. Recipient agrees that the Confidential Information is to be considered confidential and proprietary to Owner and Recipient shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of its business with Owner, and shall disclose it only to its officers, directors, or employees with a specific need to know. Recipient will not disclose, publish or otherwise reveal any of the Confidential Information received from Owner to any other party whatsoever except with the specific prior written authorization of Owner.
B. Confidential Information furnished in tangible form shall not be duplicated by Recipient except for purposes of this Agreement. Upon the request of Owner, Recipient shall return all Confidential Information received in written or tangible form, including copies, or reproductions or other media containing such Confidential Information, within ten (10) days of such request. At Recipient's option, any documents or other media developed by the Recipient containing Confidential Information may be destroyed by Recipient. Recipient shall provide a written certificate to Owner regarding destruction within ten (10) days thereafter.
The obligations of Recipient herein shall be effective from the date Owner last discloses any Confidential Information to Recipient pursuant to this Agreement. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against Recipient, nor by the rejection of any agreement between Owner and Recipient, by a trustee of Recipient in bankruptcy, or by the Recipient as a debtor-in-possession or the equivalent of any of the foregoing under local law.
4. Other Information.
Recipient shall have no obligation under this Agreement with respect to Confidential Information which is or becomes publicly available without breach of this Agreement by Recipient; is rightfully received by Recipient without obligations of confidentiality; or is developed by Recipient without breach of this Agreement; provided, however, such Confidential Information shall not be disclosed until thirty (30) days after written notice of intent to disclose is given to Owner along with the asserted grounds for disclosure.
5. No License.
Nothing contained herein shall be construed as granting or conferring any rights by license or otherwise in any Confidential Information. It is understood and agreed that neither party solicits any change in the organization, business practice, service or products of the other party, and that the disclosure of Confidential Information shall not be construed as evidencing any intent by a party to purchase any products or services of the other party nor as an encouragement to expend funds in development or research efforts. Confidential Information may pertain to prospective or unannounced products. Recipient agrees not to use any Confidential Information as a basis upon which to develop or have a third party develop a competing or similar product.
6. No Publicity.
Recipient agrees not to disclose its participation in this undertaking, the existence or terms and conditions of the Agreement, or the fact that discussions are being held with Owner.
7. Governing Law and Equitable Relief.
This Agreement shall be governed and construed in accordance with the laws of the United States and the State of North Carolina and Recipient consents to the exclusive jurisdiction of the state courts and U.S. federal courts located there for any dispute arising out of this Agreement. Recipient agrees that in the event of any breach or threatened breach by Recipient, Owner may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Owner against any such breach or threatened breach.
8. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
9. No Assignment.
Recipient may not assign this Agreement or any interest herein without Owner's express prior written consent.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.
12. No Implied Waiver.
Either party's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.