Terms & Conditions
Terms & ConditionsThe following Terms and Conditions of Service apply to all products and services provided by AOX Media LLC (hereinafter referred to as "AOX MEDIA" or "AOX Media"). Any customer (hereinafter referred to as "Client") who accepts any services provided by AOX MEDIA has implied that they have read, understood, and accepted the Terms and Conditions outlined on this page.
All work is carried out by AOX MEDIA on the understanding that the Client has agreed to AOX MEDIA's Terms and Conditions. Copyright is retained by AOX MEDIA on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by AOX MEDIA as fulfilling the contract. All other designs remain the property of AOX MEDIA unless agreed to in writing that this arrangement has been changed.
A copy of the written estimate or quote is to be signed and dated by the Client to indicate acceptance of the proposed project and our Terms and Conditions and should be returned to AOX MEDIA. Alternatively, the Client may send an official order in reply to the estimate or quote which binds the Client to accept AOX MEDIA's Terms and Conditions, or an email acknowledging acceptance of the quote. No work on a project will commence until acceptance of the quote has been received by AOX MEDIA.
Unless otherwise agreed to, all of our services require an advance payment of a minimum of 50% of the project quotation total before the work is supplied to the Client for review. The remaining 50% of the project fee will be due upon completion of the work AND prior to upload to the web hosting server and/or release of materials.
Alternatively, for projects that require completion in less than 8 weeks, payments must be PAID IN FULL before work commences.
Charges for Source Files
Charges For Other Services
Methods of Payment
Payments may be made online via our merchant processor (Braintree), cash, check, money order/cashier's check.
Publication and/or release of any work done by AOX MEDIA on behalf of the Client may not take place until AOX MEDIA confirms all funds have been CLEARED by our online merchant processor and/or banking institution.
Returned checks will incur an additional fee of $89.95 USD per returned check. AOX MEDIA reserves the right to consider an account to be in default in the event of a returned check.
Removal of such materials does NOT relieve the Client of his/her obligation to render payment for any outstanding balances. Customers whose accounts move to default agree to pay AOX MEDIA reasonable legal expenses and third-party collection agency fees in the case of enforcement of these Terms and Conditions.
Copyrights and Trademarks
Any artwork, images, or text supplied and/or designed by AOX MEDIA on behalf of the Client will remain the property of AOX MEDIA and/or its suppliers.
The Client may request in writing from AOX MEDIA, the necessary permission to use materials (for which AOX MEDIA holds the copyright) in forms other than for which it was originally supplied, and AOX MEDIA may, at its discretion, grant such use. Such permission must be obtained in writing before we will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to AOX MEDIA, the Client grants AOX MEDIA permission to use this material freely in the pursuit of the respective project.
Should AOX MEDIA, or the Client, supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other graphical medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow AOX MEDIA to remove and/or replace the respective files.
The Client agrees to fully indemnify and hold AOX MEDIA free from harm in any and all claims resulting from the Client in not having obtained all of the required copyrights and/or any other necessary permissions.
Project Changes and Design Alterations
The Client also agrees that AOX MEDIA holds no responsibility for any amendments made by any third-parties, before or after a design is published and/or files have been handed over.
All design work - where there is a risk that another party may make a claim - should be registered by the Client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. AOX MEDIA will NOT be held responsible for any and all damages resulting from such claims. AOX MEDIA is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold AOX MEDIA responsible for any such loss or damage. Any claim against AOX MEDIA shall be limited to the relevant fee(s) paid by the Client.
Acceptable Data Formats
Text is to be supplied to AOX MEDIA in electronic format such as standard text (.txt), MS Word (.doc), on CD-ROM, via e-mail, or FTP.
Images which are supplied to AOX MEDIA in an electronic format are to be provided in a format as prescribed by AOX MEDIA: via CD-ROM, e-mail, or FTP. Images must be of a quality suitable for use without any subsequent image processing, and AOX MEDIA will not be held responsible for any image quality which the Client later deems to be unacceptable. AOX MEDIA cannot be held responsible for the quality of any images which the Client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.
Rights of Access
The Client agrees to supply AOX MEDIA with all necessary materials, electronic or otherwise, required to create and complete the respective project and to supply them in a timely manner.
Confirmation of Project Completion
Web Design Projects
Once a web design project is complete, AOX MEDIA will grant the Client an opportunity to review the finalized work. AOX MEDIA will make ONE set of minor changes at no extra cost within 7 business days of the start of the review period. Minor changes are considered textual changes and placement of static images on a page. It does not include changes to the actual images themselves, template color schemes, or any navigational features. Any minor changes can be notified to AOX MEDIA by e-mail.
If no notification of changes is received in writing from the Client within 7 business days of the start of the review period, AOX MEDIA will consider that the Client has accepted the original draft.
Website Hosting (offered to web design Clients only)
Fees for hosting on AOX MEDIA's shared virtual server are due at the start of any period of service and are ALWAYS NON-REFUNDABLE. Fees due to third-party hosting organizations are the sole responsibility of the Client and AOX MEDIA will NOT be held liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the Client and/or domain owner.
Search Engine Optimization
The Client also agrees to allow AOX MEDIA to place websites and other designs, along with a link to the Client's site on AOX MEDIA's own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
AOX MEDIA reserves the right to use the services of sub-contractors, agents, and suppliers and any work, content, services and usage is bound by their Terms and Conditions. AOX MEDIA will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.
AOX MEDIA and its Clients agree to comply with printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. AOX MEDIA recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made will be made available should the job be delayed.
Acceptance of Terms and Conditions
An estimate, validated by the Client's signature on the estimate or quote form, constitutes acceptance of the estimate or quote and agreement to fully comply with all the Terms and Conditions outlined herein and forms a Binding Contract of Business between the Client (signatory) and AOX MEDIA.