The following terms apply to services rendered via Tribal Dawn, as well as any and all projects and/or contracts to which such services pertain. By using Tribal Dawn's services, clients are bound by all terms of this agreement. We reserve the right to change the terms of this agreement at any time.
© 2007 Tribal Dawn, all rights reserved.
1. Graphic and Design Services
1a. Communications
The client and the designers shall communicate via telephone, e-mail, or in scheduled status meetings, with the specific mode and frequency of communications dependent upon the wishes of the client and the specific nature of the project.
The purpose of the aforementioned communications is to ensure that Tribal Dawn has access to any and all information and/or materials for which the client is responsible for the provision of, and to ensure that the quality and direction of work is in line with the client's needs and expectations.
Any initial meetings are complementary; no charge is applied if, after a face-to-face discussion and initial consultation, clients do not choose to pursue services with Tribal Dawn.
1b. Contracts
For projects exceeding a service-specific level of complexity, basic contracts will be drawn up detailing specific project milestones, price estimate, and anticipated completion dates. A contract project involves a retainer fee equal to 25% of the estimated price, or $2500.00, whichever is less. The final price will not exceed the estimated price by an amount greater than 20%, or $2000.00, whichever is less.
1b. Modifications
Changes and additions to projects made as a result of client requests subsequent to contract drafting may be subject to additional fees and/or increases in estimated and final project price. Any increases to estimated price incurred as a result of such a modification will result in an increase to the retainer fee equal to 25% of the value of the estimated price increase.
1c. Additional Expenses
For web-design projects, the client is responsible for the procurement of, and payment for, all necessary domain names, leased security certificates, and e-commerce plans, and related products. Tribal Dawn will provide advice and consultation regarding the procurement of such products, but will not assume ownership or payment responsibility.
1d. Completion
Upon completion of a project, to the satisfaction of the client, all project files and/or hardcopies are turned over to the client via e-mail, optical disc, or upload to the hosting service of the client's choosing. Web design projects including managed hosting are made available at the specified domain name.
1e. Termination
In the event of a contract's termination, the client is freed from obligation to provide any remaining fees. Any fees paid prior to contract termination, including completed milestones and current milestone retainer fees. The client is entitled to a working copy of the project in a state corresponding with the last completed milestone, if any. A project may not be terminated subsequent to its completion.
2. Managed Hosting Services
2a. Usage Policy
Tribal Dawn's managed hosting services are designed to handle all of the technical aspects of maintaining a website's content accessible at a given domain name. Managed hosting services may be employed only to store and deliver content related to the functioning of the website itself. Furthermore, Tribal Dawn reserves the right to terminate managed hosting in the event of violation of the usage policy. Tribal Dawn relies upon a third-party hosting provider, and all applicable terms apply (see 3c. Third-Party Services).
2b. Retention of Ownership
Tribal Dawn does not retain ownership any domains, certificates, or any other related products employed in the hosting/delivery of a website managed through a Managed Hosting service. All such products are and remain the freely transferrable property of the client.
2c. Recurring Fees
Tribal Dawn will assess a monthly or bi-monthly (every two months) recurring fee for its managed hosting, with amount corresponding to the resources necessary, with all appropriate considerations (bandwidth, complexity, storage space, database usage). Adjustments in any of the aforementioned factors may require a renegotiation of the recurring fee, or the termination of managed hosting, as is appropriate, on a case-by-case basis.
2d. Termination
In the event of termination of an ongoing managed hosting plan, Tribal Dawn is obliged to provide all site content, including all files, database contents, certificate information, and other materials, to the client or a third-party designate, as well as any and all reasonable assistance for transferral of the site's hosting.
3. Indemnification
3a. Copyright and Trademark
By providing Tribal Dawn with content, graphical and written, the client guarantees that, without exception, all materials furnished are owned by the client, or that the client is possessed of full usage permissions as they pertain to any and all trademarked and/or copyrighted content. Furthermore, the client shall protect and defend Tribal Dawn in the event of claim or suit filed as a result of failure to uphold such guarantees.
3b. Resources
The client shall hold Tribal Dawn harmless against all losses of resources, including but not limited to time, expenses, damages, costs, or reasonable attorney's fees, claimed by any individual or organization relating to any service provided at any time by Tribal Dawn, directly or via a third-party.
3c. Third-Party Services
Tribal Dawn is not liable for any losses incurred as a result of services rendered with the aid of a third-party service or software, insofar as that any and all terms which apply to that third-party service or software take precedence over Tribal Dawn's own terms of service.
3d. Limitations of Service
Tribal Dawn is not responsible for publicizing or marketing the client's product, nor is it responsible for improving search engine page ranking. All content provided by the client will be incorporated into the project per the client's request, or per the request of a third party designated by the client to authorise the presentation of such content.
Tribal Dawn is not responsible for drafting or revising content for client websites, including editing grammar, spelling, punctuation, and general syntax and wording. Such information, when provided by the client, is included as-is with no expressed obligation to provide revisions not also provided by the client or a legitimate third-party designate.
4. Payment Practices
4a. Payment Method
Unless otherwise discussed, payment is to be rendered in $USD via check or cash, at the client's preference. Tribal Dawn offers alternative payment options and installment plans on a case-by-case basis; clients are free to inquire about such alternatives.
4b. Terms
Any retainer fees assessed must be paid before project work begins. Adjusted retainer fees, as a result of project modifications, must be rendered within thirty days (one month) of the alterations. Project completion fees, amounting to the final project fee minus any retainer fees thus far provided, are to be paid within one month of the date of project completion.
4c. Late Payment/Default
Failure to render payment for a specific service within the above-listed period results in that payment being considered late. Such circumstances result in the assessment of a 5% late penalty to the balance owed on the account, as a result of that service. This penalty is applied in a cumulative fashion for every month by which payment is late.
If late fees are accumulated three times, as a result of failure on the part of the client to balance the account within three months of the agreed-upon timeframe, the account is considered in default, and will be handled via an appropriate collection agency, subject to all terms of that agency's operations.
© 2007 Tribal Dawn, all rights reserved.
1. Graphic and Design Services
1a. Communications
The client and the designers shall communicate via telephone, e-mail, or in scheduled status meetings, with the specific mode and frequency of communications dependent upon the wishes of the client and the specific nature of the project.
The purpose of the aforementioned communications is to ensure that Tribal Dawn has access to any and all information and/or materials for which the client is responsible for the provision of, and to ensure that the quality and direction of work is in line with the client's needs and expectations.
Any initial meetings are complementary; no charge is applied if, after a face-to-face discussion and initial consultation, clients do not choose to pursue services with Tribal Dawn.
1b. Contracts
For projects exceeding a service-specific level of complexity, basic contracts will be drawn up detailing specific project milestones, price estimate, and anticipated completion dates. A contract project involves a retainer fee equal to 25% of the estimated price, or $2500.00, whichever is less. The final price will not exceed the estimated price by an amount greater than 20%, or $2000.00, whichever is less.
1b. Modifications
Changes and additions to projects made as a result of client requests subsequent to contract drafting may be subject to additional fees and/or increases in estimated and final project price. Any increases to estimated price incurred as a result of such a modification will result in an increase to the retainer fee equal to 25% of the value of the estimated price increase.
1c. Additional Expenses
For web-design projects, the client is responsible for the procurement of, and payment for, all necessary domain names, leased security certificates, and e-commerce plans, and related products. Tribal Dawn will provide advice and consultation regarding the procurement of such products, but will not assume ownership or payment responsibility.
1d. Completion
Upon completion of a project, to the satisfaction of the client, all project files and/or hardcopies are turned over to the client via e-mail, optical disc, or upload to the hosting service of the client's choosing. Web design projects including managed hosting are made available at the specified domain name.
1e. Termination
In the event of a contract's termination, the client is freed from obligation to provide any remaining fees. Any fees paid prior to contract termination, including completed milestones and current milestone retainer fees. The client is entitled to a working copy of the project in a state corresponding with the last completed milestone, if any. A project may not be terminated subsequent to its completion.
2. Managed Hosting Services
2a. Usage Policy
Tribal Dawn's managed hosting services are designed to handle all of the technical aspects of maintaining a website's content accessible at a given domain name. Managed hosting services may be employed only to store and deliver content related to the functioning of the website itself. Furthermore, Tribal Dawn reserves the right to terminate managed hosting in the event of violation of the usage policy. Tribal Dawn relies upon a third-party hosting provider, and all applicable terms apply (see 3c. Third-Party Services).
2b. Retention of Ownership
Tribal Dawn does not retain ownership any domains, certificates, or any other related products employed in the hosting/delivery of a website managed through a Managed Hosting service. All such products are and remain the freely transferrable property of the client.
2c. Recurring Fees
Tribal Dawn will assess a monthly or bi-monthly (every two months) recurring fee for its managed hosting, with amount corresponding to the resources necessary, with all appropriate considerations (bandwidth, complexity, storage space, database usage). Adjustments in any of the aforementioned factors may require a renegotiation of the recurring fee, or the termination of managed hosting, as is appropriate, on a case-by-case basis.
2d. Termination
In the event of termination of an ongoing managed hosting plan, Tribal Dawn is obliged to provide all site content, including all files, database contents, certificate information, and other materials, to the client or a third-party designate, as well as any and all reasonable assistance for transferral of the site's hosting.
3. Indemnification
3a. Copyright and Trademark
By providing Tribal Dawn with content, graphical and written, the client guarantees that, without exception, all materials furnished are owned by the client, or that the client is possessed of full usage permissions as they pertain to any and all trademarked and/or copyrighted content. Furthermore, the client shall protect and defend Tribal Dawn in the event of claim or suit filed as a result of failure to uphold such guarantees.
3b. Resources
The client shall hold Tribal Dawn harmless against all losses of resources, including but not limited to time, expenses, damages, costs, or reasonable attorney's fees, claimed by any individual or organization relating to any service provided at any time by Tribal Dawn, directly or via a third-party.
3c. Third-Party Services
Tribal Dawn is not liable for any losses incurred as a result of services rendered with the aid of a third-party service or software, insofar as that any and all terms which apply to that third-party service or software take precedence over Tribal Dawn's own terms of service.
3d. Limitations of Service
Tribal Dawn is not responsible for publicizing or marketing the client's product, nor is it responsible for improving search engine page ranking. All content provided by the client will be incorporated into the project per the client's request, or per the request of a third party designated by the client to authorise the presentation of such content.
Tribal Dawn is not responsible for drafting or revising content for client websites, including editing grammar, spelling, punctuation, and general syntax and wording. Such information, when provided by the client, is included as-is with no expressed obligation to provide revisions not also provided by the client or a legitimate third-party designate.
4. Payment Practices
4a. Payment Method
Unless otherwise discussed, payment is to be rendered in $USD via check or cash, at the client's preference. Tribal Dawn offers alternative payment options and installment plans on a case-by-case basis; clients are free to inquire about such alternatives.
4b. Terms
Any retainer fees assessed must be paid before project work begins. Adjusted retainer fees, as a result of project modifications, must be rendered within thirty days (one month) of the alterations. Project completion fees, amounting to the final project fee minus any retainer fees thus far provided, are to be paid within one month of the date of project completion.
4c. Late Payment/Default
Failure to render payment for a specific service within the above-listed period results in that payment being considered late. Such circumstances result in the assessment of a 5% late penalty to the balance owed on the account, as a result of that service. This penalty is applied in a cumulative fashion for every month by which payment is late.
If late fees are accumulated three times, as a result of failure on the part of the client to balance the account within three months of the agreed-upon timeframe, the account is considered in default, and will be handled via an appropriate collection agency, subject to all terms of that agency's operations.
