By using the akiosu.com web site, support center, client billing area, web maintenance services, web development and all other services (“Service”) of Akiosu, Inc. (“Akiosu”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
If you do not agree to these Terms of Service please do not use this website or Service. Akiosu reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.akiosu.com/terms
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
The web maintenance service (“Web Maintenance”) is a month to month service. Web Maintenance is not transferable to another web site, another client, or another Web Maintenance period.
Web Maintenance covers:
Contacting a third party for technical support on behalf of the client, including the waiting time will be billed accordingly. Akiosu will not perform routine check of the maintained Web site. Akiosu does not edit Web content and is not responsible for mistakes and inaccuracies. The Web Maintenance agreement starts at the 1st of the month and ends on the last Friday of the month. In order for the Web Maintenance work to be considered within the month, the specs have to be received two days prior to the end of the maintenance period. Web updates and other maintenance specs will be receive only through our support center website or email (no fax or telephone). The client will receive an account statement at the end of every maintenance period. The Web Maintenance fee is $65/hour, without a contract, billable in 15 minute increments, with one hour minimum per month. Maintenance Contracts are available which reduce this rate. Any maintenance work will be performed only if and after the Client account covers the entire cost of the maintenance work.
Payment, Refunds, Upgrading and Downgrading Terms
Cancellation and Termination
If you do not agree to these Terms of Service please do not use this website or Service. Akiosu reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.akiosu.com/terms
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
Web Site Development and Programming Terms
- Authorization.
The client is engaging Akiosu as an independent contractor for the specific project of design, development and/or re-design of a World Wide Web site, or any and all programming, to be installed on the client's web space on a Website Host Provider's computer. The client hereby authorizes Akiosu to access this account, and authorizes the Website Host Provider to provide Akiosu with "write permission" for the client's web page directory, CGI-bin directory, and any other directories or programs, which need to be accessed for this project. The client further authorizes Akiosu to place a statement that reads: “web design and maintenance by Akiosu” and provide a hyperlink to the Akiosu website in that statement. - Standard Web page packages only.
Standard Web Site Package include the following elements:- Project definition and estimate, UI prototyping, HTML/JavaScript coding, 2-3 illustrations and/or photo manipulation, minor text editing). Website hosting and Search Engine registration recommendations, communication of project status, QA testing.
- Website will have a logical and professional layout. The design will be consistent with existing marketing materials (color, typeface, photos, etc.). Site navigation will be simple and intuitive.
- Installation of Web pages on the client's web site host provider’s
server/computer. Minor updates and changes to existing Web pages for
three months. (Up to 1 hours per month, subject to the limits outlined
below. Additional changes billed at hourly rate.)
- Changes to Submitted Text.
Please send us your final text. Time required to make substantive changes to the client submitted text after the Web pages have been constructed will be additional, billed at the hourly rate. - Web Site Host Service Provider.
The client understands that any Website Host Service Provider (Host) services require a separate contract with the Host of the client's choice. The client agrees to select a Host, which allows Akiosu full access to the Web site and/or a CGI-bin directory via FTP and telnet/ssh. The client further understands that the Host must be able to provide all necessary extensions, modules, and services in order for the web site to function properly. - Completion Date.
Akiosu and the client must work together to complete the Website in a timely manner. We agree to work expeditiously to complete the Website no later than the mutually agreed to timeframe after contract acceptance. To avoid additional fees the client must supply Akiosu the complete text and graphics content for the Website within 7 days. - Payment of Fees.
Fees to Akiosu are due and payable on the following schedule: 1/2 upon acceptance of this contract, and 1/2 due upon "delivery" (hand-off or uploading of site to Web Host server). If the total amount of this contract is less than $800, the total amount shall be paid upon signing this contract. In case the client has not secured Web space on a Website Host Service Provider computer by the time the Web pages are completed, the Web pages may be delivered to the client on alternate media. All payments will be made in US funds. If the client does not supply Akiosu complete text and graphics content all Web pages contracted for within 60 days of the date this contract was signed, the entire amount of the contract becomes due and payable. - Payment Terms
Payment terms are net 10 unless otherwise specified. Payments must be made promptly. Delinquent bills will be assessed a $30 charge if payment is not received within 5 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. Akiosu reserves the right to remove Web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. - Assignment of Project.
Akiosu reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. - Copyrights and Trademarks.
The client represents to Akiosu and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Akiosu for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Akiosu and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. - Laws Affecting Electronic Commerce.
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Akiosu and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce. - Copyrights to Web Pages.
Copyright to the finished assembled work of Web pages produced by Akiosu, is owned by Akiosu. Upon final payment of this contract, the client is assigned rights to use as a Website the design, graphics, and text contained in the finished assembled Website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Akiosu retains the right to display graphics and other Web design elements as examples of their work in a portfolio. - Payment of fees.
Payments must be made promptly. Delinquent bills will be assessed an $80 charge if payment is not received within 30 days of the due date. If an amount remains delinquent 45 days after its due date, an additional 5% penalty will be added for each month of delinquency. Akiosu reserves the right to remove Web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. - Sole Agreement.
The agreement contained in this "Web Page Design and Maintenance Agreement" constitutes the sole agreement between Akiosu and the client regarding this Website. Any additional work not specified in this contract must be authorized by a written change order. This agreement supercedes any and all prior discussions, representations, warranties and agreements, both written and oral, with respect to the subject matter hereof. - Initial Payment and Refund Policy.
This agreement begins with an initial payment of 1/2 of final project cost, or full payment if the total is less than $800. If the client halts work and applies for a refund within 30 days, to Akiosu, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
Web Maintenance Terms
The web maintenance service (“Web Maintenance”) is a month to month service. Web Maintenance is not transferable to another web site, another client, or another Web Maintenance period.
Web Maintenance covers:
- Text updates
- Picture replacement
- New pages in the same web site layout.
- Help with email accounts (setup on the server, change password, forward if possible)
- Layout changes
- Shopping cart updates
Contacting a third party for technical support on behalf of the client, including the waiting time will be billed accordingly. Akiosu will not perform routine check of the maintained Web site. Akiosu does not edit Web content and is not responsible for mistakes and inaccuracies. The Web Maintenance agreement starts at the 1st of the month and ends on the last Friday of the month. In order for the Web Maintenance work to be considered within the month, the specs have to be received two days prior to the end of the maintenance period. Web updates and other maintenance specs will be receive only through our support center website or email (no fax or telephone). The client will receive an account statement at the end of every maintenance period. The Web Maintenance fee is $65/hour, without a contract, billable in 15 minute increments, with one hour minimum per month. Maintenance Contracts are available which reduce this rate. Any maintenance work will be performed only if and after the Client account covers the entire cost of the maintenance work.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required to sign up for Web Maintenance Service
- You will be billed for your first month immediately upon upgrading and upon first signing up for the Web Maintenance Service
- The Web Maintenance Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by logging into the client area and selecting the cancel account option. The client area provides a simple no questions asked cancellation link.
- If you cancel the Web Maintenance Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Akiosu, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Akiosu Service, for any reason at any time. Such termination of the Web Maintenance Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of access to this Web Maintenance Service. Akiosu reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Akiosu reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change immediately upon notice from us. Such notice may be provided at any time by posting the changes to the Akiosu website or via email or other electronic communication.
- Akiosu shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
