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 Thursday, September 9, 2010

 

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Terms and Conditions


 
Page Index:
     Pricing and Payment Terms
“During Development” Review
Graphics
Source Code
Domain Maintenance
Non-Disclosures and Privacy Policy
 

Pricing and Payment Terms
All pricing contained within this quote is an approximation of the total labor and materials required to provide the enclosed project or services.  Pricing is subject to change, based on changes to the project, system or requirements by the client, an increase in materials or license costs by third-party vendors, or original quote errors and omissions.  The figures listed are only projected figures and can be less than what is listed.  In the event that it takes less time to complete the project, the client may choose to use this refund and deduct it from the final invoice of the project, use it toward future services, or have it refunded to the in its entirety.

Rates
Our hourly rate for all of our services is $95.00 per hour and is billable in 15 minute increments.  All support calls are billed at a minimum of 15 minutes, with no exceptions.  Onsite technical support and installations are billed at a minimum of 1 hour.  In addition, there is also a travel fee of $35.00 per hour, billable in 15 minute increments with a minimum of 15 minutes.  Travel time is calculated to and from our main office for all situations.

Consultations are billed in 15 minute increments at $95.00 per hour with a minimum of 1 hour per consultation.  A complimentary 1 hour consultation credit will be applied to the first invoice of any project over $500.00 in service.  Travel fees apply to consultation visits.

Invoicing
All website and email hosting on a quarterly or annual billing schedule.  Either party, the Customer or CDS, can terminate hosting, but must give the other party at least 30 days notice.  If proper notice is not given, no refunds for unused hosting fees will be issued.  Please contact our accounting department if you would like to change your billing cycle.  We continually provide redundant data lines for our services, as well as high-end equipment and upgrades for our current equipment.  We limit our ISP services to include website, email, data, reporting, and application hosting ONLY.  We do not provide dialup client services for Internet access.  This greatly increases your website, email, or web application speeds with our servers.

All equipment orders require a 50% non-refundable payment.  CDS will issue an invoice for the balance of the equipment with “net 10” terms when the equipment is delivered.  Software development and Networking projects with an estimated value of less than $5000.00 require a 25% non-refundable deposit.  All projects with an estimated value of more than $5000.00 require a 10% non-refundable deposit.  CDS will issue invoices for work performed with ‘net 20’ payment terms.  Deposits must be received before any orders can be placed or work may begin on any project.  Any late invoices will be subject to our normal late charge fee schedules.

Invoicing Methods
To reduce overall invoicing costs, we have chosen to use the QuickBooks® email invoicing feature to send all of our invoices.  This feature utilizes email servers provided by Intuit®, the developers of QuickBooks®.  We carbon copy our invoicing department on all invoices, which allows us to monitor the success/failure of the emails being sent.  It is your company’s responsibility to have a reliable email host to receive your invoices.  If we host your email services, then you are guaranteed to get your invoices when we do.  Please contact us if you would like our current web and email hosting pricing.

All invoices are sent directly to the primary contact that we have on file for your company.  If you require contact information to be changed, or additional email addresses to be added to our records, please contact our office to update our company’s billing information.  If your company also requires a mailed paper copy of each invoice on company letterhead, an additional $5.00 fee will be added to each invoice.

Payment Methods
We currently accept two types of payments at our office: check and ACH payments electronically from your bank into our account.  If you choose to use ACH as your preferred payment method, you MUST notify our accounting department at invoicing@compdevsys.com to inform us of the transaction.  If we do not receive notice of the transaction PRIOR to your invoice due date, your payment will be considered late.  Since we have automated our late fee invoicing, you will be charged and responsible for any late fees, regardless if the transaction posts before your invoice due date.

Late Payments
Invoices that are not paid by the due date on the invoice are considered late.  All late payments will be subject to a 15% or $15, whichever is greater, late charge with NO exceptions.  Original payment and all late fees are due within fifteen (15) days of the original invoice due date.  If your company needs special payment options, you must contact and receive written notice from our accounting department BEFORE your payment is due. 

Delinquent Payments
Any invoice, which is showing as being “unpaid” for more than sixty (60) days beyond the original invoice date is considered delinquent.  Accounts that reach this status will be handed off to our collection agency for payment.  During this time, any website or email hosted services will be deactivated, and any produced materials, including but not limited to software, graphics, and other technologies, will be held until the account is removed from delinquent status.  It is also the responsibility of the delinquent party to pay for any collection agency fees that are incurred during collection.  Upon receiving full payment, the services will immediately be re-activated and held materials will be provided.

“During Development” Review
During development, the client will have access to portions of the project that have been completed, if those sections reliant upon the development of other areas.  These sections will be made available as often as possible.  It is important for all parties that the client interacts with the project throughout all phases.  Early detection of problems or functionality issues can greatly reduce project errors after release and help eliminate project release date extensions.

Graphics
Any graphics created for a customer are the property of the client once final payment is received.  Computer Development Systems, LLC reserves the right to use the graphics for display and promotional services and demos.

Source Code
The source code created during the development and release of the project are the property of the client once final payment is received.  At the close of the project, the customer will receive the project source code, materials, and all support files.  We will also maintain the source code at our location for backup and new development purposes.  Copies can be requested by the client in the event of loss or if the original media is damaged.

Computer Development Systems, LLC maintains the rights to use, distribute, or sell portions of any source code used or developed for the project.  The re-use of source code helps to greatly reduce development time and costs.  Computer Development Systems, LLC also maintains the right to use any previously developed source code to help reduce or simplify the development time of the client’s project.

Domain Maintenance
Computer Development Systems, LLC maintains our clients’ domains to ensure that registrations do not expire.  When a domain is close to expiration, the client is contacted and given the option of CDS renewing the domain for them.  The client needn’t worry about watching the expiration date or knowing how to register or renew a domain.  This is a service that is provided to our clients free of charge.  For this reason, CDS registers all domains under its registrar account unless the customer account information is supplied.  This provides all domain information within one location to make the domains more manageable.  A client has the legal right to move any domain that is registered on their behalf by CDS.  However, the domain may no longer be monitored for expiration by CDS after it has been moved to the client’s account.  Upon written request, the domain will be transferred to a specified existing account and the respective DNS changes will be made for a $50 fee. 

Non-Disclosures & Privacy Policy
The client’s company data will be treated as confidential and will be used for the purposes of development only.  Computer Development Systems, LLC will, at no time, share, distribute, or sell any form of the client’s company data, without written consent by the customer.  If it is necessary for Computer Development Systems, LLC to maintain a portion of data for development, bug fixes, or new developments, this data will also be treated as confidential. 

Any Website, Website Update, or Software package Computer Development Systems has developed, henceforth referred to as Product, is designed in accordance with the customer specifications and is for the exclusive use of the customer.  The customer is the owner and is therefore solely responsible for any content of the Product.  As such, the customer must certify that he has the right to use or display, in all jurisdictions worldwide in which the Product will be used or displayed, all of the content provided to CDS by the customer that will be used in development of the Product.  The customer must further agree to indemnify and hold CDS harmless if CDS should be found liable for any violation of intellectual property rights, copyright, trademark, or servicemark infringement due to content supplied by the customer. 

The Product is provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose.  In no event shall Computer Development Systems, LLC or its agents or officers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use or or inability to use the Product, even if Computer Development Systems, LLC has been advised of the possibility of such damages. 

Each user of the Product assumes all responsibility and risk for the use of the Product.  Computer Development Systems, LLC does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of the Product.  Computer Development Systems, LLC  will not be liable for any compensatory, special, direct, incidental, indirect, consequential damages, exemplary damages or any other damages resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of the Product, however caused, whether for breach of contract, warranty, negligence, or otherwise, and whether of not Computer Development Systems, LLC  has been advised of the possibility of such damage. 

If this limitation of liability or the exclusion of warranty is held inapplicable or unenforceable for any reason, then Computer Development Systems, LLC's maximum liability for any type of damages shall be limited to U.S. $100.00.  These limitations will apply notwithstanding the failure of any essential purpose of any limited remedy. 

Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty will not apply to the extent that any provision of this warranty is prohibited by any federal, state, or local law that cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Computer Development Systems, LLC has the right to modify these terms and conditions at any time. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect. The user agrees to comply with all applicable laws in using the Product.

 

Last updated August 5, 2005

 

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400 Valley View Circle, New Cumberland, PA 17070        Phone: (717) 932-5395

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