Definitions

Beachside Technology means the company and designer at Beachside Technology.
The Client means the company or individual that the Project Proposal is for.
Agreement means the Project Proposal, Terms of Service, and attached documents.
Project means the scope of the current agreement as defined in the Project Proposal.
Project Proposal means the original quote for services and follows the Terms of Service.
Final Product means the final version of the website design including intellectual property rights for the content writing, design and graphics.
Client Content means all materials, writing, images, and other creative content provided by the client.
Third Party Materials means content in the Final Product not provided by the Client or Beachside Technology. This includes stock photography purchased through third parties.
Designer Tools means all design tools used in the creation of the current Project. This includes software, fonts, paid services, and any other non-copyrightable concept used to create the Final Product.

Estimates and Contracts

Estimates and Project Proposals are provided to prospective clients and are valid for 30 days. If the contract has not been accepted as part of the Agreement a new contract can be drawn.

Payments

All Projects require a 50% payment up front, and 50% payment before completion. The initial deposit is non-refundable and is subject to the Terms of Service.

Expenses are paid by The Client. This includes but is not limited to web hosting, paid plugins, third party programming and software licenses part of the Project Proposal.

Hosting of the Final Product will be provided by Beachside Technology until The Project is fully paid for. The Final Product is then transferred to The Client’s web hosting.

Intellectual Property rights of The Project are held by Beachside Technology until the final payment has cleared. At this point the copyright and Final Product are transferred to The Clients web host.

Late and No Payments

Each payment is payable within 21 days of the invoice.

Collection Expenses and Legal Fees are paid by the client in the event of a collection failure.

Withholding Delivery – Beachside Technology may withhold digital and physical delivery of the Final Product until all overdue invoices and expenses are paid in full.

Withholding License – Beachside Technology may withhold the transfer of intellectual property rights and copyrights until all overdue invoices and expenses are paid in full.

Changes to the Project Proposal

Change requests for the Project Proposal are done by written requests. Beachside Technology will review respond with an adjusted quote for the Project Proposal.

Minor Changes to the Project Proposal are added on to the quote for the Project Proposal as a separate item. Minor chages are billed hourly.

Major Changes totalling near or above 20% of the estimated Project Proposal time require a signed agreement between The Client and Beachside Technology.

Beachside Technology will review all major changes before accepting a change to the Project Proposal.

Refunds

Beachside Technology requires a deposit before we begin work on any Project. A request to terminate an Agreement must be presented to Beachside Technology in writing. Refunds will be reviews on an individual basis within 30 days of a written request being submitted. The maximum refund of a paid Agreement or deposit may not exceed 50% of the payments made.

Chargebacks are not accepted, and Beachside Technology will not negotiate chargebacks with any person or company.

Non-Communication

If Beachside Technology is unable to communicate with the client by email or phone for more than 60 days the Agreement will be terminated without prior notice and no refund will be issued.

Liability

Services and Final Products by Beachside Technology are provided “as-is” without any warranty. In no event shall Beachside Technology be liable to the client for any direct, indirect, special, punitive, or consequential damages arising from the use of the services provided by Beachside Technology. This includes without limitation lost profits, business interruption, loss of data, or other losses resulting from the use of the website, services, or goods provided to The Client.

Acceptance

By submitting your payment or deposit you are agreeing to all of our terms of service, and the Project Proposal.