In these
terms and Conditions, unless the context otherwise requires, the following terms
shall have the following meaning: 'signmakersguam' means Signmakers., 348 Chalan San Antonio GNI Complex, Tamuning, Guam USA.. 'Specification';
means the detailed description of the work to be carried out by Signmakers on behalf of the Client. 'Client'; means the person, firm or company instructing
Signmakers. 'Product'; means the services including labor and materials requested by the Client
or any alternative domain name offered by Dynamic Web Sites. 'Existing Domain
Name' means a domain name registered by any party other than Signmakers.
'Services'; means the services to be provided by Signmekers. 'Terms and
Conditions' means these terms and conditions including invoices, specifications
or quotes hereto. Any agreement between Signmakers and the Client for
the provision of Services (a 'Client Agreement';) shall be entered into on the
basis of these Terms and Conditions and any special instructions on invoices,
specifications or quotes.
TERMS
Agreement
shall commence on the date of a signed 'Signmakers Agreement' or 'Email
Acceptance' of a specification or quotation and shall be paid in accordance
with the 'Client Agreement' or Invoice, or Specification or Quote and shall
be governed by the Laws of the Government of Guam and United States Federal.
SERVICES
Signmekers shall provide the Services using all reasonable care and skill subject
to payment by the client of all amounts payable hereunder on the dates specified
on the quotation. The client shall do all things and provide all such information
as is reasonably required by Signmakers to provide the Services in accordance
with these Terms and Conditions.
CHARGES
The fees payable to Signmakers in respect of the Services are specified in Signmakers pricing schedule. All charges are exclusive of VAT and any other applicable purchase tax, import and all other duties. Any failure by the Client to pay any fees due under the Terms and Conditions on the date specified shall be deemed to be a 'material breech'; of the Terms and Conditions. We, Signmakers, will excercise our statutory rights to claim interest and compensation for debt recovery, costs, under the late payment legislation if the client does not pay in accordance to the agreed terms and conditions.
If the Client
is overdue with any payments hereunder, then without prejudice to Dynamic Web
Sites other rights and remedies the Client shall be liable to pay to Signmakers a flat fee of $50 for each correspondence as well as interest
on the amount payable at an annual rate of 5% (according to the Late Payment
of Commercial Debts Regulations 2002) above the prevailing base rate of First Hawaiian
Bank, which interest shall accrue on a daily basis from the date payment
becomes overdue until Signmakers has received payment of the overdue
amount together with interest.
CANCELLATION
Cancellation
of a project at the request of the Client must be made by certified letter.
In the event that work is postponed or cancelled at the request of the Client
by registered letter, Signmakers shall have the right to retain the original
deposit. In the event of this amount not being sufficient to cover the development
time (as per the pricing schedule) and expense already invested in the project
additional payment will be due. If additional payment is due, this will be billed
to the Client within 10 days of notification of the registered letter to stop
work.
OWNERSHIP OF GRAPHICS AND DESIGNS
Copyright
of the finished assembled work of graphics and designs produced by Signmakers and
graphics shall be vested with the Client upon final payment. This is to include,
design, photos graphics, source code, text, and any program(s) specifically
designed or purchased on behalf of the client for completion of the Project.
Signmakers reserves the right to display any designs built in the
name of Signmakers website portfolio page. The Client shall be solely
responsible thereafter for the backup of such data and Signmakers shall
not be liable for any damages, loss or other expenses arising out of or in connection
with any loss of data by the client which is due to the failure of the client
to back up such data.