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Terms
& Conditions | Design Policy
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Privacy Statement
Design Policy
Licensed Code
All web site construction contracts between Noon-an-Night Enterprises,
LLC. and their Licensees respect that code elements custom created
for the Licensee are based on toolboxes of techniques and pre-developed
codes that are the property of Noon-an-Night Enterprises, LLC. or
one of its contractors. This software technology is licensed to
the Licensee for a one-time fee and is limited to installation and
usage by that Licensee only on one domain, or set of sub domains,
so long as these domains are connected documents and only reside
on one "server" at a time.
Cancellations
Our clients (Licensees) have 10 days to indicate an order needs
to be cancelled unless the project has already been completed or
more than 50% complete. All initial deposits are non-refundable
and the licensee is required to pay the difference for any time
spent over the amount covered by the initial deposit.
Customer Review
Noon-an-Night Enterprises, LLC. will provide the Licensee with an
opportunity to review the appearance and content of the Licensee's
materials once they are scripted. Such scripted materials will be
deemed to be accepted and approved unless the Licensee notifies
Noon-an-Night Enterprises, LLC. otherwise within 10 days of the
date Noon-an-Night Enterprises, LLC. sends proofs of such scripted
materials to the customer via e-mail or fax.
Custom Development: (Artwork, Programming, Audio, Printing)
All authoring, designing, and updating fees for a web page(s) /
advertisement(s) are payable prior to having the web page(s), advertisement(s)
or update(s) officially published either on the World Wide Web,
in print, on cd or any other publicly accessible media.
Credits
Noon-an-Night Enterprises, LLC., is granted permission by Licensee
to sign all work by Noon-an-Night Enterprises, LLC. This signature
may come in the form of a small logo on the bottom of every webpage
with a link to Noon-an-Night.com or small tagline stating the work
in question is designed by Noon-an-Night.com. This credit mark may
be removed for a nominal surcharge of 20% of the total value of
that project. The purpose of this service mark is to help us with
our marketing efforts by not having your support on this issue we
would have to increase our advertising overhead and projects like
yours could cost more money for all our clients. We heavily rely
on this form of cross marketing and by removing it you could adversely
affect our branding and marketing efforts. If the client decides
to no longer allow Noon-an-Night to host or maintain their website
- all service marks must stay in tact for the life of any graphics
delivered by Noon-an-Night to the client unless negotiated otherwise.
All graphics associated with our service mark must also be displayed
in their entirety and as originally intended. This is important
to the brand of Noon-an-Night Enterprises, LLC. By disrupting this
service mark or any portion of work the client will be subject to
an additional penalty of 20%.
Copyrights and Trademarks
Noon-an-Night Enterprises, LLC. will produce, display or create
derivative works from the Licensee’s material except as provided.
The Licensee acknowledges and agrees that Noon-an-Night Enterprises,
LLC. has no control over, and will not be liable for, the unlawful
acts of others who access the Licensee’s installed and publicly
posted material. All original work created by Noon-an-Night Enterprises,
LLC. is copy protected by Noon-an-Night Enterprises, LLC. and all
rights reserved. Noon-an-Night Enterprises, LLC. retains all rights
to the work it creates and shares permission to use that work to
the Licensee. (See Custom Development)
Permission and Copyright
The Licensee will obtain and assume all responsibility for all the
necessary permissions and authorities in respect of the use of all
copy, graphic images, registered company logos, names and trademarks
or any other supplied material including 3rd party software. Delivery
of such material by Licensee will be regarded as a guarantee by
the Licensee to Noon-an-Night Enterprises, LLC. that all such permissions
and authorities have been obtained for such material. Evidence of
permissions and authorities may be requested but not necessary.
Working Files & Deliverables
All design agreements with Noon-an-Night Enterprises, LLC. are based
on the final deliverable(s) being the published work not the working
files or software that allows us to create the published work. Much
like professional photographers hold onto their negatives - Noon-an-Night
Enterprises, LLC. retains ownership of all working file unless negotiated
otherwise. A surcharge of 10% of the original value covers the delivery
and preparation of all working file for any one project. We also
reserve the right to not deliver certain proprietary information
in order to protect our company. Also note just because files have
been delivered for you to use on another server this does not necessarily
grant you express or implied permission to remove our service mark.
Meeting Deadlines
In reference to meeting deadlines. By contracting and/or paying
for services to be rendered by Noon-an-Night Enterprises, LLC. Licensee
agrees that Noon-an-Night Enterprises, LLC. can not be held responsible
for loss of business due to any failure on the part of Noon-an-Night
Enterprises, LLC. to meet any deadlines, acts of god, equipment
failure, communication/networks failures, etc... Noon-an-Night Enterprises,
LLC. will always do it's best to meet the needs of our Licensees
but makes not guarantees on timeline or deadline.
Post Placement Alterations & 30 Day Guarantee
Once posted, Noon-an-Night Enterprises, LLC. cannot accept responsibility
for the content or function of your website past a 30 day grace
period. Such requested alterations within the 30 day grace period
are also subject to the scrutiny of a change order which is to be
determined by Noon-an-Night Enterprises, LLC. and left to the approval
of the Licensee. Only work which had been approved by the Licensee
will be posted. Once posted the Licensee has 30 days to make any
requests to change, adapt, or fix the site. Beyond that time frame
all changes to your site are subject to the current hourly billing
rate. Some requests may not fall within the 30 day Guarantee and
may be subject to additional fees these changes will be negotiated
accordingly.
Refusal to Service
Noon-an-Night Enterprises, LLC. reserves the right to not service
a Licensee for any reason especially if content within that page
violates any laws, statutes, or city ordinances. Noon-an-Night Enterprises,
LLC. is not responsible for the content of advertising or web site
content submitted by a Licensee for publication. Noon-an-Night Enterprises,
LLC. may cancel Licensee contracts for authoring, design and placement
of advertisements or web pages if Licensees do not abide by its
advertising guidelines and terms and conditions of web design. The
Licensee agrees to give Noon-an-Night Enterprises, LLC. or its appointed
agents "on demand" access to the installed designs and
the Licensee further agrees that Noon-an-Night Enterprises, LLC.
shall have the right to remove that design from public posting for
failure to adhere to the terms of this Agreement, including violating
any licensing agreements or failure to pay fees duly assessed.
Contact Information
If users have any questions or suggestions regarding
our privacy policy, please contact us at:
Corporate Sales Office
info@ppcmanagementconsulting.com
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