Terms & Conditions

Terms & Conditions

The 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.

Project Acceptance

At the time of proposal, AOX MEDIA will provide the Client with a written estimate or quote. The Terms and Conditions can be read on the AOX MEDIA website.

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.

Service Charges

Charges for any services to be provided by AOX MEDIA will be set out in the written estimate or quote that is provided to the Client. At the time of the Client's signed acceptance of the estimate or quote, indicating acceptance of our Terms and Conditions, a NON-REFUNDABLE deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until AOX MEDIA has confirmed receipt of this amount.

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 any of our work DO NOT cover the release of copyright design files including, but not limited to, indd, psd, png, fla or any other source files. If the Client requires these files, they will be subject to additional fees or a 'buy-out' charge.

Charges For Other Services

Charges for any additional services over and above the scope of the respective project details will become fully payable (100% of the quoted amount) at the time of estimate or quote acceptance.

Methods of Payment

The Client will be provided with an Approval Form and Invoice prior to final publication and/or handing over of files. At this time, the remainder of the amount due will become payable and the Client will also be required to sign and return the Approval Form to AOX MEDIA. Accounts which remain outstanding for 30 days or more (after the date of invoice) will incur an extra charge of 5% per month of the outstanding amount.

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.

Payment Defaults

An account shall be considered in default if any balance remains UNPAID for 30 days from the date of invoice, or following a returned check. AOX MEDIA shall be considered entitled to remove any of the Client's materials from any and all computer systems and servers until the amount due has been successfully received AND cleared by our online merchant processor and/or banking institution. This includes any and all unpaid monies due for services including, but not limited to, hosting, domain registration, design, search engine optimization, site maintenance, photography, and video.

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

By supplying text, images and other data to AOX MEDIA for inclusion in the Client's website or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.

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 agrees that any changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be subject to separate charges outside the scope of the respective project.

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.

Licensing

Any design, copywriting, drawing, idea or code created for the Client by AOX MEDIA, or any of its contractors, is licensed for use by the Client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of AOX MEDIA and any of its relevant sub-contractors.

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

The Client agrees to AOX MEDIA's definition of acceptable means of supplying data to the company.

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.

Project Duration

Any indication given by AOX MEDIA of a project's duration is to be considered by the Client to be an ESTIMATION ONLY. AOX MEDIA cannot be held responsible for any project over-runs, whatever the cause may be. Estimated project duration should be deemed to be from the date that cleared funds are received and confirmed by AOX MEDIA for the initial payment or by a date confirmed in writing by AOX MEDIA.

Rights of Access

The Client agrees to allow AOX MEDIA access to all necessary servers, computer systems, and other locations, as required, in order to complete a project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The Client also agrees to allow AOX MEDIA access to any and all servers, computer systems, usernames, and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

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

AOX MEDIA considers a project complete upon receipt of the Client's signed Approval form. Other services such as printing, display panel production, filmwork, file uploading, publishing, etc. contracted on the Client's behalf may be subject to separate charges.

Web Design Projects

AOX MEDIA requires that a design template be approved by the Client prior to the implementation of the website's coding. Once a design template for the website is approved by the Client, coding will begin; any changes to navigation items, colors, structure or content that require changes to the design template will incur additional charges.

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)

AOX MEDIA offers a limited in-house hosting service through an out-sourced shared virtual server. AOX MEDIA does not guarantee continuous service and will accept NO LIABILITY for loss of service, whatever the cause may be. AOX MEDIA may request that Clients change the type of hosting account used if that account is deemed by AOX MEDIA to be unacceptable because of poor service, lack of bandwidth, or in any other way insufficient to support the website.

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

Due to the infinite number of considerations that search engines use when determining a site's ranking, AOX MEDIA CANNOT guarantee any particular placement. Acceptance by any search engine CANNOT be guaranteed. When a site is accepted, the time it takes to appear in search results may vary between one search engine to another. Rankings will also vary as new sites are added.

Design Credits

The Client agrees to allow AOX MEDIA to place a small credit on printed materials including, but not limited to, exhibition displays, advertisements, and/or a link to AOX MEDIA's own website on the Client's website. This will usually be in the form of a small logo or line of text placed towards the bottom (footer) of a page.

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 will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene, or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. AOX MEDIA also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that AOX MEDIA does include in good faith, and subsequently discovers is in contravention to the Terms and Conditions herein, the Client is obligated to allow AOX MEDIA to remove the objectionable material without hindrance or penalty. AOX MEDIA is to be held in no way responsible for any such data being included.

Cancellations

Cancellation of any project may be made initially by telephone contact or e-mail, however, following this, AOX MEDIA will need formal notification in writing to the company's postal mailing address. The Client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please Note: Any cancellation which is not formally confirmed in writing and received by AOX MEDIA within 7 business days of such instruction being issued, will be liable for the full cost of the project quote.

Disclaimer

AOX MEDIA makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. AOX MEDIA will not be held responsible for any damages resulting from the products and/or services it supplies. AOX MEDIA is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failures. 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 forth by the Client.

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.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. AOX MEDIA reserves the right to change any rates and any of the Terms and Conditions stated herein at any time and without prior notice.

Acceptance of Terms and Conditions

The placement of an order for design and/or any other services offered by AOX MEDIA, by e-mail, verbally, or in writing, is deemed to be acceptance of these Terms and Conditions, which are made freely available to the Client on every page of this website (http://www.aoxmediaweb.com).

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.