Terms & Conditions
Last Updated: 1/15/09
By ordering services from Agkura Media you are agreeing these terms & conditions.
Billing
All work is billed in 15 minute increments at an hourly rate with a minimum of 1 hour billed per invoice. All non-profit clients will be billed $40 per hour and for-profit clients will be $60 per hour unless a different rate is agreed on in writing or via email.
New non-profit web sites will receive an introductory rate of $30 per hour. Once that site has been delivered all future billing will be at $40 per hour.
All work submitted to Agkura Media will be billable unless Agkura Media indicates otherwise by email or in writing.
Invoicing
Invoices will be sent via email in a pdf form unless a different format or delivery method has been requested by the client. All invoices are due with in 30 days of the date on the invoice.
It is the client's responsibility to make sure Agkura Media has their current email address and that their email account is working properly to accept emails from Agkura Media. All changes to a client's contact information must be submitted in writing or via email. If a client does not receive an invoice because their email address does not work or is not current the client will still be responsible for any late fees that are added for late or missed payments.
Late Fees
Late fees will be added for late or missed payments at the discretion of Agkura Media. Late fees will be added each month a client has an outstanding balance. Late fees each month will not be more then $35 per month or 1.5% of the outstanding balance.
If a client does not receive an invoice because their email does not work or is not current they will still be responsible for any late fees added to their account.
If any account is more then 60 days late Agkura Media reserves the right to turn off or disable the client's web site until payment has been received. If any account is more then 90 days late Agkura Media may turn the outstanding balance over to a bill collector. The client will be responsible for any and all fees related to collecting an outstanding balance which includes, but is not limited to, lawyer fees, court fees, and debt collector fees.
Projects
Projects can include but are not limited to: new sites, redesigns, brochures, & custom programming.
Clients with projects over $300 may be required to sign a quote and submit a down payment before the project is started. Down payments will be 30% of the projects estimated value. Down payments are used to pay for expenses that Agkura Media has incurred while quoting a project. Therefore down payments are not usually refundable. If Agkura Media becomes unable to complete a project or does not complete a project to the specifications outlined in a project's quote, Agkura Media will refund a down payment. The remaining balance owed for a project will be due before final delivery of the project unless a different agreement is included in the project's quote.
Once we have started a project you can request that we stop work at any time. You will only be billed for time spent up to that point.
Projects where a quote was submitted in writing to the client for approval will be allowed 2 hours of changes unless a different amount is agreed on in the project's quote.
Agkura Media is not financially responsible for any financial loses you may have suffered because of errors in completing a project.
Project Completion Times
All project completion times are an estimate only unless Agkura Media guarantees completion by a specific date in the project's quote.
Project Types
- New Site Design consists of a custom template that includes a header graphic and navigation scheme. All designs are custom and if paid in full will not be reused with out permission of the client that the design was for.
- Building a new Web site will include setting up of pages and features that were included in the quote. A page is considered to be about one page in word doc at 12 pt font size. Pages with more text than one word doc page may be billed extra to set up. All pages can include one extra image or photo. Photos will be provided by the client or by Agkura Media for an extra fee. Extra images can be added to a page for an additional fee. Page headers will be made from text and not from images unless agreed on in the project's quote. Data entry which includes but is not limited to setting up, events, products, gallery images, news articles or FAQs is not included in building the site unless agreed on in the project's quote.
All sites are built in to proprietary software called SuperSpinner that is on Agkura Media's server unless agreed on in the project's quote. Sites are not portable like a traditional site. If a site needs to be moved to a different server for hosting, Agkura Media can put together a zip file of the pages for an hourly fee. All links between pages will need to be updated for the site to work properly on the new server. Features like a calendar, product pages, image gallery, news manager, guestbook, FAQs, discussion board and site admin can not be moved unless a license for SuperSpinner has been purchased. FTP access will not be allowed for sites that use SuperSpinner. - Design work is not refundable unless we did not design to the specifications that we had agreed on. Because design work is subjective it is impossible for Agkura Media to guarantee that a client is 100% happy with design work. Agkura Media will make every effort to make corrections or changes to design work based on the client's feed back. If changes are requested by the client that were not in the original specifications Agkura Media will bill for the changes if they go over the time allowed for changes in a quote.
Hosting fees are dependent on which hosting plan you choose. By default all hosting plans will be billed annually. Hosting plans go from 12:00 midnight on the first day of the month to 12:00 midnight on the last day of the month. Your payment will always be due on the first day of your anniversary month. All sites hosted with Agkura Media will be subject to late fees and collection methods laid out in the Late Fees section of these terms. Paying for your hosting yearly means you agree that no refund, partial or full, will be made at anytime during or after the contract period unless Agkura Media becomes unable to provide service. Any hosting plan that is 90 days over due will be considered dead and your site will be removed from our servers.
Hosting fees are only refundable under 2 conditions. If we have verified that your site was down on 2 computers (usually yours and mine) at the same time for more than 1 hour. The refund rate is the Hosting Rate divided by the number of days in the hosting plan, then multiplied by the number of days we were able to verify that the site was down. It is also refundable if for some reason Agkura Media is no longer able to provide service.
Agkura Media is not financially responsible for any financial loses you may suffer because of server down time.
Domain Names
All requests for domain name registration must be submitted in writing or by email. Domain name registration is not refundable unless Agkura Media did not register the correct domain name. Agkura Media registers most domain names using a third party service called Domain Direct (domaindirect.com) unless a different register is requested by the client. All domain name accounts will be registered under Agkura Media's account with Agkura Media's contact information to insure security and to insure domains are not lost because of failure to renew the domain on time. If Agkura Media uses a different registrar Agkura Media will notify the client.
Acceptable Use
Agkura Media is a Christian organization and will not tolerate any pornographic, hate or questionable material. Agkura Media reserves the right to censor all material and to determine if it is appropriate to be on our servers. If any pornographic, hate or questionable material is found your site will be taken down immediately. You will then be given 24 hours to remove all such material. If the pornographic, hate or questionable material is not removed with in 24 hours Agkura Media will remove it by erasing your whole site. If the material shows up on your site a second time your site will be taken down permanently. Since Agkura Media leases our servers from an other company we also have to answer to their acceptable use policy. If the company Agkura Media leases its servers from reports any pornographic, hate or questionable material Agkura Media will take down your site permanently without warning. Agkura Media will not be responsible for any financial loses you may suffer and you will not be refunded. There will not be any exceptions made. If you have a guestbook or any other feature that will allow the end user to write to your pages or store data on the server, I would recommend monitoring it very closely. If you have content that you are not sure about we suggest that you ask us our opinion before posting it to your web site.
If you have any questions about any of these terms please Contact Us.
These terms are subject to change with out notice.