Phoenix Quality Management Inc. Terms & Conditions
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Mission
To provide you, the customer with the highest quality products and services at a fair and reasonable price. Our goal is to meet and even exceed your expectations.
CUSTOMER MUST READ THIS AGREEMENT CAREFULLY and by accepting proposals or statements of work has agreed to all terms and conditions stated by Phoenix Quality Management Inc.. Signature is not required by either party for enforcement of this agreement and this agreement is implied with payment or request of services.
Upon acceptance of a quote, proposal or agreement made with Phoenix Quality Management Inc., the following is Phoenix Quality Management Inc.’s terms and conditions that are assumed to be agreed to when entering into a working arrangement with us:
Down Payments and Refunds
Upon acceptance of a proposal for website, SEO projects or larger projects, Phoenix Quality Management Inc. requires full payable immediately before any work will begin on the project. The remaining amount owed will be due when the project is complete or the time frame noted in the estimate of acceptance of the proposal – whichever occurs first. If the project is not completed by the estimate time frame, for any reason, then the customer can ask for refund of the money or the project will continue to be completed as outlined in the initial proposal.
The down payment is refundable as Phoenix Quality Management Inc. provides money back satisfaction guarantee. However, under our money back satisfaction guarantee customer will be refunded entire amount except the domain and hosting cost as phoenix has to pay the same to the third party. Refunds will be given up to 15 days upon handing over the website to the customer
Retainers
For ongoing work agreements, some retainer fee is required. This fee will be no less than anticipated 100% of hourly work for each month. Initial hours will be applied against deposit until expended. Subsequently, Client will be billed on a monthly basis for each prior month’s hours. Payments are due upon receipt and review of detailed invoice.
Third party expenses incurred on behalf of Client are not included in any retainer fees and will be billed to Client at first convenience. Should client hours at any point in current month exceed current retainer fee deposit, Phoenix Quality Management Inc. has the right to initiate payment to ensure deposit remains at least at 100% of anticipated monthly work.
Scope of Project
If, during the project timeline, new deliverables are added or time to complete the project is running over the estimated time it would take, there might be a need to adjust the overall project cost to reflect the extra hours spent. You will be advised if this occurs and available options will be discussed at that time.
Content
It is expected that all information (text and images) relating to the website will be provided by yourself or someone you have appointed for the task (unless alternate arrangements have been made). All new content is to be provided in digital format, either via email or in a Text/Word document. Any digital images you provide should be in their original format (scanned at 100%, 300dpi) and we will adjust them to suit the area they will be placed in on the site.
Any images (such as stock photos), software or otherwise that Phoenix Quality Management Inc. needs to purchase on your behalf in order to fulfil the deliverables listed above will be considered an expense that will be billed to you. All efforts will be made to ensure you are made aware of any of these added expenses as they arise before the purchase is made.
Copyright
All website content (text and photos supplied by you) is considered client’s property. There will be a copyright notice displayed at the bottom of each page to reflect this. The website design itself is copyright to Phoenix Quality Management Inc. and cannot be multiplied across any other domains (websites) or servers without express permission first.
All images, video, audio, text and content used must be copyright free and Phoenix Quality Management Inc. retains the right to refuse to use/post copyright material if permission has not been obtained by the copyright owner. Phoenix Quality Management Inc. will not be held responsible if any unauthorized copyright material is posted on the website.
Any of Phoenix Quality Management Inc.’s source files that are used to create any design and/or functionality are considered the property of Phoenix Quality Management Inc.. This includes, and is not limited to, original Fireworks, Flash, Illustrator, Photoshop files and any tools that are added to your site using software programming or programming languages. If at any time these source files are requested, a licensing fee will be charged. Phoenix Quality Management Inc. retains the copyright permissions to the designs used for the development of the website but provide full use license for the purpose of the website developed by Phoenix Quality Management Inc..
In the case of logo design, there is no licensing fee when providing the source file.
Phoenix Quality Management Inc. reserves the right to display a small notice at the bottom of the website that it was developed/designed by Phoenix Quality Management Inc. including a link to email or website.
No client shall have access to any proprietary knowledge used by Phoenix Quality Management Inc. used in the course of their business. This includes all software, coding, graphics, SEO, eMarketing or any other aspect deemed proprietary by Phoenix Quality Management Inc. and its vendors. All accounts created and used by Phoenix Quality Management Inc. even in the behalf of clients fall under the umbrella of its proprietary domain unless specified beforehand. These include Google webmaster tools and Ad Words.
3rd Party Software
In the event your website uses any third party scripts or software applications (either by vendor or open source channel) that were installed in order to meet your requirements, Phoenix Quality Management Inc. will not be held responsible for any nefarious activity that may happen as a result of a software/script security breach by unknown hackers and harmful scripts.
Note: It is the responsibility of the site owner to ensure all software’s and scripts are maintained through upgrades, service packs and security fixes by instructing Phoenix Quality Management Inc. to perform such tasks at regular intervals so as to avoid harmful uses of your website server space. Phoenix Quality Management Inc. will advise you of the scripts that are used from a 3rd party vendor or open source channel.
Caveats
Certain design principles and writing styles are unique to the web environment; there may be times when we will have to assert our knowledge in these areas in order to maintain the integrity of the site, perhaps sacrificing some ideas that you would like to see when they are not feasible in this environment.
Our estimates are based on an estimated number of hours it should take to complete such a project. Any time invested above and beyond this estimate of hours will be billed at the pre-arranged, mutually acceptable hourly rate. If at all possible, adequate notice will be given when the maximum time allotment is being approached. We will make every effort to work within the guidelines of the agreement and if the need arises, notification of the extra billables will be made promptly.
Post-Launch Maintenance and Updates
For general maintenance or any issues pertaining to the website, e-marketing/promotion, email, design, HTML updates, tech support, phone and email consultations, and web server, you will be billed at our hourly rate.
All programming changes/updates that require “back end”changes to PHP, JAVA, ASP, and other programming features are billed at our programming rate.
If you choose to retain Phoenix Quality Management Inc.’s services on an on-going basis, we will cumulatively keep track of time spent on your project and send an invoice at the end of each month, payable within 15 days. We can also work out a fixed monthly fee schedule if there will be many updates to do on an on-going basis.
Payment, Maintenance and Subsequent Projects
All invoices are payable within 15 days of the invoicing date. A 5% late charge will be applied after 30 days of unpaid invoices.
Although we at Phoenix Quality Management Inc. will make every effort to work with you in the event of payment for services be delayed for any reason, it is our greatest hope to ensure your web development project stays active and live.
However, in extreme cases of lack of payment or returned cheques:
Phoenix Quality Management Inc. reserves the right to suspend or cancel any client’s access to any portion or all of website and/or database functionality when Phoenix Quality Management Inc. has not been paid for services rendered or if payment has been returned or refused for any reason. Phoenix Quality Management Inc. may restrict access without notice should any web development payments have not been completed in a timely and agreed to manner. If the web development has been completed, and payment is in arrears for more than 30 days, Phoenix Quality Management Inc. may remove their code and service from the client’s website.
Clients and vendors are personally liable for their debts incurred to Phoenix Quality Management Inc.. All businesses and corporations must report all asset protection or business closure or sale within 30 days of insolvency or sale and provide trustee information directly to Phoenix Quality Management Inc. within this time period. All debts occurred before these actions are fully liable of the client.
Any disputed invoices must be dealt within 30 days of issuance.
Phoenix Quality Management Inc. may, in its sole and exclusive discretion, immediately suspend or terminate your Services without notice to you if you fail to provide payment, or valid payment information or authorization or fail to pay for any Services when due. Phoenix Quality Management Inc. may charge a fee to reinstate any Service that has been suspended or terminated.
Phoenix Quality Management Inc. reserves the right to refuse service at its discretion and reserves the right to cancel, suspend or terminate any account at any time as it seems fit.
Any software, domain fees, hosting fees, paid advertising including: Google Ad Words, Facebook, Twitter, LinkedIn and off-line Marketing including printing, etc… requested by client and paid for by Phoenix Quality Management Inc. are deemed personally liable and not sheltered by any incorporated veils or corporate liability shelters. All previously noted or not listed (which fall under these categories) will be deemed the responsibility of the individual and not the business entity or incorporated business.
Phoenix Quality Management Inc. may update this Agreement at any time, without notification to you, and you should review this Agreement from time to time by accessing the Phoenix Quality Management Inc. website. Before you continue, you should print or save a local copy of this Agreement for your records.
Guarantee
It is our sincerest wish that we build a successful working relationship where you can count on Phoenix Quality Management Inc. to provide you with excellence in service, integrity, and skill that you would expect in such an endeavour. You have our guarantee that we will strive to create a product that you will be fully satisfied.
Lowest Price Guarantee
Phoenix Quality Management Inc. guarantees lowest price in the industry. Customers can check the industry anywhere in Toronto GTA for a lower price than us and if the customers are able to submit an official invoice by any of our competitor which has a lower price than ours and which is also provide the same services like us the we guarantee to lower our price than their’s, however Phoenix Quality Management Inc. reserves the right to not accept the scope of work if the price is equal to cost or at loss for Phoenix Quality Management Inc..
Money Back Satisfaction Guarantee
The down payment is refundable as Phoenix Quality Management Inc. provides money back satisfaction guarantee. However, under our money back satisfaction guarantee customer will be refunded entire amount except the domain and hosting cost as phoenix has to pay the same to the third party. No Refunds will be given once the website is handed over to the customer or when it is uploaded on the domain.
If you have any questions, comments, or concerns regarding these terms and conditions feel free to contact us.