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The following terms and conditions apply to all webcam studio development / design services which have been provided by Cam Studio Business to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full which are clearly visible on our website.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Cam Studio Business are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a total period of 30 days. Cam Studio Business reserves the right to alter or decline to provide a quotation after expiry of the 30 day period.
Unless agreed otherwise with the Client, all webcam studio website design services require an advance payment of a minimum of 100% (one hundred) percent of the project quotation total before the work is supplied to the Client for review. Payment for services is due by Bank Transfer or Western Union for international customers. Cheques should be made payable to Cam Studio Business. Bank details will be made available on invoices provided.
3. Client Review
Cam Studio Business will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Cam Studio Business otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Cam Studio Business will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Cam Studio Business receiving payment, unless a delay is specifically requested by the Client and agreed by Cam Studio Business.
As Cam Studio Business offers bespoke webcam studio websites, each project timeframe may vary from between 14 days – 34 months depending on the project requirements. In return, the Client agrees to delegate a single individual as a primary contact to aid Cam Studio Business with progressing the commission in a satisfactory and expedient manner.
During the project, Cam Studio Business will require the Client to provide website content; text, images, movies and sound files. Cam Studio Business can not provide any free images due to copyright laws.
5. Failure to provide required website content:
Cam Studio Business is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% for total amount originally billed. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within two weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is “do not give us the go ahead to start, until you are ready to do so”.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date yourself therefore this can be changed at a later date.
Invoices will be provided by Cam Studio Business prior to completion and before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month.
7. Additional Expenses
Client agrees to reimburse Cam Studio Business for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
Cam Studio Business makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Cam Studio Business cannot guarantee correct functionality with all browser software across different operating systems.
Cam Studio Business cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Cam Studio Business reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Cam Studio Business’s Web space, Cam Studio Business will, at its discretion, remove all such material from its web space. Cam Studio Business is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Cam Studio Business reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Cam Studio Business in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. Upon cancellation we reserve all rights to retain nighty nine percent (99 percent) of the overall purchase price. The Client will be invoiced for any additional design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Cam Studio Business services may be used for lawful purposes only. You agree to indemnify and hold Cam Studio Business harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Cam Studio Business the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Cam Studio Business permission and rights for use of the same and agrees to indemnify and hold harmless Cam Studio Business from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Cam Studio Business that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Cam Studio Business to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to Cam Studio Business will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £9500, a fixed fee of £750 will be applied. The Client also agrees that the website developed for the Client may be presented within Cam Studio Business’s portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, Cam Studio Business must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server. Cam Studio Business also reserves the right to charge a fee for transfer of the webcam studio to another server / hosting account. This fee varies depending on the size of your website. In addition to the credit removal fee, it will cost around £950 for an extended license unless your overall development costs exceed £9,500 in which case you will be charged 25% of the overall purchase price of your studio website. Please remember if you are no longer hosted with Cam Studio Business, you will no longer receive any support or guidance.
16. Post-Placement Alterations
Cam Studio Business cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
Cam Studio Business may purchase domain names on behalf of the Client via third parties and charge an annual renewal fee as described within your pricing plan. However the renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Cam Studio Business. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions. All webcam studios which we design, develop and launch are integrated with our partners (vs media) broadcasting system. All webcam studios will be provided with 22% – 40% of all earnings made by webcam models under your studio and this percentage is on a sliding scale depending on what your webcam studio generates.
19. Governing Law
This Agreement shall be governed by English Law.
Cam Studio Business hereby excludes itself, its Employees and or Agents from all and any liability from:
The entire liability of Cam Studio Business to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.