Terms & Conditions of Service
When doing business with Valve Media, Inc. you agree to the following terms & conditions of service. Please read through these guidelines so you understand our workflow and understand your responsibilities when it comes to screenshot feedback, supplying content, and billing.
FEEDBACK, INPUT MATERIALS & CONTENT
- The customer must supply timely and clear feedback to the initial design screenshot phases of a project. We expect feedback to be provided within a few business days of receiving screenshots for review.
- Most Valve Media projects require the customer to provide specific input materials and/or content. Required materials/content for projects may include, but are not limited to, webpage text, headline text, graphics, photos, audio, video and any other content element the customer would like included in the final product.
- Customer input materials/content must be submitted in a clear and organized fashion. Customers should organize and compile the complete set of required input materials on their end and then submit all materials at once in a cohesive manner. Required input materials should not be submitted in a piecemeal fashion or spread out over a long period of time. Revisions to already-supplied content are considered additional billable work and we charge accordingly.
- Valve Media will not officially start work dependent on content (for example: plugging text and images into a website's HTML) until the customer certifies that all of the final content has been supplied.
- All text content should be submitted in a digital format that allows Valve Media, Inc. to copy and reuse the exact text content without transcription. Acceptable digital formats include plain text (.txt), text in the body of an email, text in a Microsoft Word document (.doc), or text in a Rich Text Document (.rtf). Valve Media charges for time spent transcribing customer text from physical paper copies or scanned images into digital text.
SCOPE OF WORK
- Our estimates cover what is specifically listed on them in writing, nothing more, nothing less. For example, if our estimate does not specifically mention "CMS Content Management System" or "Special Layout for Mobile Devices" in writing then the finished product will not include a CMS Content Management System or a Special Layout for Mobile Devices. If you have a question about whether or not a specific feature is included in our estimate please ask us before approving the estimate.
WEB BROWSER COMPATIBILITY
- Unless otherwise agreed upon in writing ahead of time, our estimates for website programming include reasonably good compatibility and performance in the newest and second-to-newest versions of all major desktop web browsers at the time of estimate creation. At the time of this writing (last revised 9/1/2015) the major desktop web browsers are FireFox, Google Chrome, Internet Explorer and Apple Safari, although please understand that this list may change over time as internet technology changes.
- Unless otherwise agreed upon in writing ahead of time, our estimates for website programming include reasonably good compatibility and performance in the latest version of the official web browser on popular mobile devices at the time of estimate creation. At the time of this writing (last revised 9/1/2015) this includes iOS Safari (iPhone, iPad, etc.), the default Android web browser, and Google Chrome on Android mobile devices, although please understand that this list may change over time as internet technology changes. Please keep in mind that mobile devices have less memory and run slower than desktop devices so computationally-complex special effects and functions may run slowly on mobile devices. Please also understand that it is impossible to literally test and support all mobile devices (there are thousands of makes and models) so we officially support the latest versions of the most popular devices and program in a way that is likely to function well on the widest possible variety of devices.
- A 50% deposit is required at the start of all projects, unless otherwise specified.
- Website design and website programming projects are considered complete and billable once the design and overall coding phases are complete and we have a working demo of the overall structure of the website (with or without final content). Please note that this does not including waiting for or plugging in final content supplied by the customer. The plugging in of your content is normally not billable and is done for free as a courtesy to you since it normally doesn't take much time compared to the much more difficult tasks of designing and programming the overall structure of the website. We must adhere to this policy since otherwise our customers could delay supplying content indefinitely and thus avoid ever paying us for the design and coding of a working website.
- Full payment for the remaining balance is due immediately upon completion of the customer's project, before delivery or publication of the finished product. Again, this sometimes happens before the customer finishes supplying their content text and images. We do not deliver/publish completed goods or services before payment is finalized (at least not unless we're doing you a special courtesy).
- In cases where payment terms have been extended for a project the invoice billing cycle begins on the date the invoice is provided to the customer by email (the same date the project is officially considered complete and billable).
- Balances not paid within 30 days from their due date will accrue interest at a rate of 1.5% per month (18% per annum) and shall accrue interest daily.
- The customer is responsible for paying all collection costs for an invoice in the event that payment for that invoice is over 30 days past due and collection services are used. This includes any legal fees incurred by Valve Media in our attempts to collect past due payments.
- Should the customer's company become unable to pay any outstanding balance with Valve Media, Inc., the principal officers of the customer's company shall be deemed liable for the entire balance.
- We often complete work 3 to 4 times as fast as competitors in our quality tier, although we can't guarantee this for every project.
- Stated or estimated completion or due dates for projects are estimates and are not guaranteed. While we go out of our way to meet customer deadlines and do a better job of it than competitors in our industry, Valve Media, Inc. specifically disclaims liability for delays in delivery and any consequential damages or losses.
- Projects will be delayed by the customer's failure to provide screenshot design feedback or all required materials/content on time. Required input materials/content should be provided at the start of the project, unless otherwise specified.
- Projects will be delayed by the customer's failure to provide feedback and/or decisions based on design mockups and working demos in a timely fashion.
- Project publication and launch will be delayed by the customer's failure to pay invoices promptly.
- Certain portions of the design process require customer approval. Approval can be given in verbal, email or written form. These approvals are important since they establish the customer's desire to move forward with a specific design or functionality.
- When a screenshot design phase is undertaken, customer approval of a screenshot indicates that the customer wants to move forward with that specific overall design and layout. Changes to the overall design and layout for a project require extra time and work once coding has begun, so it is important for the customer to get all desired changes to the overall design and layout into the initial screenshot design phase and before coding begins. If changes to the overall design or layout are requested after screenshot approval Valve Media will provide an estimate for the extra time and cost required to make the change. In many cases the change requested requires little extra work and Valve Media will often execute the change free of additional charge, but customers should note that change requests requiring significant extra work to the overall design or layout after screenshot approval may require extra charges.
- It should be noted that changes or tweaks to the content (text, headlines, links, etc.) on a site can be easily made even after coding has started, so these types of changes do not have to be made before coding or before screenshot approval, although customers should supply all of their final text content for the site in one coherent batch at one time as outlined previously in this document.
- We often perform work 1 to 2 times more affordably than competitors in our quality tier, although we can't guarantee this for every project.
- Our accountant and competitors in our industry often beg us to raise prices. We usually resist, but prices may change on rare occasions. Our hourly rate changed twice over the first decade of our existance as a corporation.
- Valve Media, Inc. reserves the right to modify pricing, specifications, packages, required materials, discounts or special offers from our advertising, website, or other company materials without obligation or notice.
- Price quotes and estimates are valid for 30 days unless otherwise specified.
LICENSE & INTELLECTUAL PROPERTY RIGHTS
- The customer represents and warrants to Valve Media, Inc. that the customer and Valve Media, Inc. are not, or will not be as a result of any work done for the customer by Valve Media, Inc., in violation of any intellectual property rights of the customer or of third parties. For example, the customer represents and warrants that none of the materials or content supplied by the customer to Valve Media, Inc. are in violation of any intellectual property rights of third parties.
- Designs and code created by Valve Media, Inc. are the intellectual property of Valve Media, Inc. Under US Copyright Law, the moment a work is created in a tangible form it immediately becomes the property of the author who created it.
- Valve Media, Inc. may use any work we produce in Valve Media, Inc.'s portfolio (including, but not limited to, any website that displays our work). The customer and Valve Media, Inc. agree that when asked, the customer must properly identify Valve Media, Inc. as the creator of the work. The customer does not have a proactive duty to display Valve Media, Inc.'s name together with the finished work, but the customer may not seek to mislead others that the work was created by anyone other than Valve Media, Inc.
- Deliverable work includes only the final flattened art and/or code and not any preliminary work such as layered Photoshop PSD screenshot files, alternate design comps that were not approved by the client, design skatches or demo code.
LIMITATION OF LIABILITY
- Work performed by Valve Media, Inc. for a customer is performed at the sole risk of the customer. While we go out of our way to deliver high quality work , Valve Media, Inc. specifically disclaims liability for damage or loss of any kind suffered by the customer, directly or indirectly, due to fire, theft, casualty, negligence, or any other reason.
- The customer agrees to indemnify and hold Valve Media, Inc. harmless from and against any losses or damages incurred by the customer or any third party as a result of services or related to services provided for the customer by Valve Media, Inc.
- Source materials/content provided to Valve Media, Inc. by or on behalf of the customer will become the property of Valve Media, Inc. unless otherwise noted. For example, if the customer provides a CD which includes necessary source materials, that CD becomes the property of Valve Media. The CD may or may not be kept in storage by Valve Media. Customers should never submit sole-copies or originals to Valve Media. It is the customer's responsibility to keep their own copies or originals of any important source material.
- Valve Media, Inc. will not be held responsible for failing to perform its obligations under this agreement if such failure is caused by circumstances beyond the reasonable control of Valve Media, Inc., including, but not limited to, acts of God, equipment failures, and delays by subcontractors or suppliers.
- Either party may terminate the contract at any time through written request. The customer shall upon termination pay Valve Media, Inc. all unpaid amounts due for services performed prior to notice of termination.
- Valve Media, Inc. reserves the right to terminate a project if customer becomes unresponsive or if customer fails to provide requested feedback for 30 days. The customer shall upon termination pay Valve Media, Inc. all unpaid amounts due for services performed prior to notice of termination.
APPLICABILITY OF AGREEMENT
- All business conducted with Valve Media, Inc. shall be governed by these terms & conditions. This includes business conducted based on verbal agreements and agreements made by email. This also includes instances where the customer chooses not to formally submit a signed copy of Valve Media, Inc.'s paperwork, such as the estimate form.