Terms and Conditions

The following Terms and Conditions apply to all products and services provided by Greybox Media, LLC dba AXZM.

1. All work is carried out by Greybox Media, LLC dba AXZM on the understanding that the client has agreed to Greybox Media, LLC dba AXZM’s terms and conditions. By ordering our services in any way you are agreeing to be bound by our terms and conditions below.

2. Copyright is retained by Greybox Media, LLC dba AXZM on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

3. If a choice of design is presented, only one solution is deemed to be given by Greybox Media, LLC dba AXZM as fulfilling the contract. All other designs remain the property of Greybox Media, LLC dba AXZM, unless agreed in writing that this arrangement has been changed.

Project Acceptance

At the time of proposal, Greybox Media, LLC dba AXZM will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Greybox Media, LLC dba AXZM’s website. A copy of the written contract, estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Greybox Media, LLC dba AXZM. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Greybox Media, LLC dba AXZM’ terms and conditions. No work on a project will commence until either document has been received by Greybox Media, LLC dba AXZM.

Design Charges

Charges for design services to be provided by Greybox Media, LLC dba AXZM, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Greybox Media, LLC dba AXZM has received this amount.

Charges for Other Services

Charges for any additional services, such as web programming (PHP, CSS, XHTML, HTML, Javascript, Perl, Ruby, etc…) over and above the estimated website design / website development, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

The customer will be provided with an Approval Form and Invoice prior to sending final proof. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to Greybox Media, LLC dba AXZM. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 5% per day of the outstanding amount. Payments may be made by cash, check, or Money Order. Greybox Media, LLC dba AXZM does not accept Credit Cards.

Publication and/or release of work done by Greybox Media, LLC dba AXZM on behalf of the client, may not take place before cleared funds have been received.

Returned checks will incur an additional fee of $100 per returned check. Greybox Media, LLC dba AXZM reserves the right to consider an account to be in default in the event of a returned check.

Any client who is in breach of contract understands that they will forfeit any deposits and / or compensation paid on their project. It is at Greybox Media, LLC dba AXZM’s descretion what terms and / or compensation / refunds will be made on a case by case basis per services rendered.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Greybox Media, LLC dba AXZM shall be considered entitled to remove Greybox Media, LLC dba AXZM’ and/or the customer’s material from any and all computer systems, servers and / or networks until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Greybox Media, LLC dba AXZM reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Delays

If the client fails to provide relevant information for the completion of a contract, including but not limited to; design proofs, copy, revisions, images, databases, server login information as well as other necessary correspondence related to the completion of the clients website development or design project, the client relieves Greybox Media, LLC dba AXZM of any and all liability and / or loss of business that may arise from delays in the contract completion date. If a client should go more than 90 days over the contract completion date without communication or is unable to provide relevant information to complete the contract, the client will be considered in breach of that contract.

Scope

If request from the client regarding a design or development project should exceed the scope of the amount of hours quoted in a contract, the client relieves Greybox Media, LLC dba AXZM of any liability and / or loss of business that may arise from unfinished work on the project. After the alloted hours outlined in a contract have run out, a written change order with detailed labor hours will be provided for the client by Greybox Media, LLC dba AXZM no later than 60 business days.

Revisions / Alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that Greybox Media, LLC dba AXZM holds no responsibility for any amendments made by any third party, before or after a design is published.

Backups and Data Loss

Your use of the service is at your sole risk. Greybox Media, LLC dba AXZM is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Greybox Media, LLC dba AXZM servers.

Cancellations

Greybox Media, LLC dba AXZM reserves the right to cancel the account at any time. Customers may cancel at any time unless otherwise prohibited by contract. Greybox Media, LLC dba AXZM gives you an unconditional 30 day money back guarantee on our hosting solution’s. Refund requests after 30 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Indemnity

You agree to defend, indemnify and hold harmless Greybox Media, LLC dba AXZM and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy. We do not own your domain name nor do we want to and we do not claim ownership of your content. It is completely yours. All content on your web site is considered a publication of yours and we are not to be held responsible for anything you present on the web through your domain in any way.

Liability

In the event of a dispute, Client agrees that Greybox Media LLC dba AXZM’s liability will not exceed the entire value of the Contract. Client further agrees that any disputes under the Contract will be resolved in Dallas County, Texas. Furthermore, Client consents to Texas jurisdiction.

Limitation of Liability (Hosting)

Greybox Media, LLC dba AXZM shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Greybox Media, LLC dba AXZM’s servers going off-line or being unavailable for any reason whatsoever. Further, Greybox Media, LLC dba AXZM shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Greybox Media, LLC dba AXZM’s servers. All damages shall be limited to the immediate termination of your service. We will always do our best to keep things running smoothly and to ensure that your web experience is the best. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number, Password or security authentication; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability from your inability to use our mail service; or (9) loss or liability from the use of our mail service; or (10) loss or liability that you may incur in connection with our processing of your application for our services.

Refusal of Service

Greybox Media, LLC dba AXZM shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Greybox Media, LLC dba AXZM reserves the right to terminate any account at any time and for any reason. Greybox Media, LLC dba AXZM reserves the right to delete all content and files upon termination. Greybox Media, LLC dba AXZM reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Greybox Media, LLC dba AXZM reserves the right to refuse, cancel, or suspend service at our sole discretion. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Greybox Media, LLC dba AXZM may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Greybox Media, LLC dba AXZM as reflected in the original provision. Greybox Media, LLC dba AXZM reserves the right to change the Terms and Conditions without prior notice or warning. Non-enforcement of any part of the Terms and Conditions does not constitute consent. This Agreement, the Greybox Media, LLC dba AXZM fee schedule and the hosting terms of use together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Greybox Media, LLC dba AXZM, and supersede and govern all prior proposals, agreements, or other communications.

Copyrights and Trademarks

By supplying text, images and other data to Greybox Media, LLC dba AXZM for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Greybox Media, LLC dba AXZM on behalf of the customer, will remain the property of Greybox Media, LLC dba AXZM and/or its suppliers. The customer may request in writing from Greybox Media, LLC dba AXZM, the necessary permission to use materials (for which Greybox Media, LLC dba AXZM holds the copyright) in forms other than for which it was originally supplied, and Greybox Media, LLC dba AXZM may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Greybox Media, LLC dba AXZM, the customer grants Greybox Media, LLC dba AXZM permission to use this material freely in the pursuit of the design. Should Greybox Media, LLC dba AXZM, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Greybox Media, LLC dba AXZM to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Greybox Media, LLC dba AXZM free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.

Notice

These Terms and Conditions supersede all previous representations, understandings, contracts or Contracts. The payment of a retainer or deposit constitutes Contract to and acceptance of these terms and conditions. Payment online is an acceptance of these terms and conditions. Any failure of any portion of our terms, will not prevent the balance of terms from being enforced.

Acceptance

Payment of the retainer or deposit for the project is an acceptance of our terms and conditions. Failure to follow any term or condition will be grounds for severance of all contractual obligations, service level agreements and / or hosting services.

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