Terms and Conditions
GENERAL TERMS AND CONDITIONS
92 West’s general terms of agreement between our client’s and 92 West.
MODIFICATIONS TO THE AGREEMENT AND SCOPE CREEP
Modifications of the Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized by the Client in order to progress promptly with the work. Should the maximum time estimated for any given process BE MET OR EXCEEDED, due to scope creep, it will be 92 West’s responsibility to notify the client. A fee of $100.00 per hour will be applied to the total amount due at project completion for the additional hours if needed.
TIMING
Designer will prioritize performance of the Services as may be necessary or as identified in the Proposal, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve the Deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Designer. The Designer shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Designer’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition or Designer’s obligations under this Agreement.
EXPENSES
Client shall pay Designer’s expenses incurred in connection with this Agreement as follows: (a) incidental and out-of-pocket expenses including but not limited to costs for telephone calls, postage, shipping, overnight courier, service bureaus, typesetting, blueprints, models, presentation materials, photocopies, computer expenses, parking fees and tolls, and taxis at cost plus Designer’s standard markup of ten percent (10%), and, if applicable, a mileage reimbursement at $0.50 per mile; and (b) travel expenses including transportation, meals, and lodging, incurred by Designer with Client’s prior approval.
CANCELLATION FEES
Should the client desire to terminate prior to project completion a fee of $150.00 will be applied to the balanced owed and based on time used on the current process known as Payment(s) or Milestone(s). Should the time used on the current process not exceed the amount paid a refund of the difference will be applied based on the amount paid.
LIMITATION OF LIABILITY
Client agrees that it shall not hold 92 West or its agents or employees liable for any incidental or consequential damages which arise from 92 West’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of 92 West or a third party. Furthermore, 92 West disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.
REMEDY
Any disputes in excess of three hundred (300) US dollars arising out of this Agreement shall be submitted to binding arbitration in Douglas County, Omaha, Nebraska before a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. Parties must meet a minimum of 15 times within 90 days of filing. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. Should the client fail to meet any of the criteria the suit shall be considered void. The Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest incurred by 92 West should judgment be in favor of 92 West or it’s vendors.
PROGRAMMING, TECHNOLOGY AND SOFTWARE UPDATES
92 West is not responsible for programming issues or debugging post 30 days of project completion. This includes software updates, browser and or server configuration updates that may interfere with the site’s current programming. 92 West is not responsible for any third party software. Browser testing is limited to the latest versions of Safari, FireFox, Chrome, Edge Internet Explorer + IE 10 and 11.
PAYMENT
4.) Payment Information
You agree to supply appropriate payment for the services received from 92 WEST, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify 92 WEST of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of 92 WEST, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify 92 WEST of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by 92 WEST. 92 WEST reserves the right to bill your credit card or billing information on file with us. 92 WEST provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee or 3%, which ever is greater, and/or an account suspension until account balance has been paid in full. The $10 late fee or 3%, which ever is greater, late fee is applied in addition to whatever else is owed to 92 WEST for services rendered. Access to the account will not be restored until payment has been received.
It is the customer’s responsibility to notify our Billing department via a support ticket created from https://www.92west.com/contact/say-hello after paying for a monthly service. Monthly service renewal notices and invoices are provided as a courtesy reminder and 92 WEST cannot be held responsible for failure to renew a monthly service or failure to notify a customer about a services’s renewal.
Subsequently, monthly services renewals are billed and renewed once a month at the start date of the monthly service date. It is the customer’s responsibility to notify our Billing department via a support ticket created from https://www.92west.com/contact/say-hello for any monthly service cancellation. No refunds can be given, once a monthly service is renewed. All digital or physical purchases, registrations, and renewals are final.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please visit https://www.92west.com/contact/say-hello to create a support ticket to our Billing department.
92 WEST reserves the right to change the monthly payment amount and any other charges at anytime.
Past due, delinquent or accounts in mediation are subject to suspension until the amount due is agreed upon and the balance is $0.00; unless a written agreement between 92 West and client is made.
