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osCommerce Design Studio Policies

osCommerce Design Studio Policies

osCommerce Design Studio Policies
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This agreement is made between osCommerceDesignStudio.com (hereinafter "osCommerceDesignStudio.com", "us", "our", or "we") and the client (hereinafter "client" or "you") and/or the client's authorized representatives (hereinafter "client" or "you").

By using the osCommerceDesignStudio.com website and/or ordering products or services from osCommerceDesignStudio.com, you agree that you have fully read, understand, agree to and shall abide by the following terms and policies.

General
osCommerceDesignStudio.com reserves the right to discontinue providing any product or service, modify pricing of any product or service provided or deny access to products or services provided for any reason without warning or prior notice.

osCommerceDesignStudio.com reserves the right to reuse, resell or redistribute any method, module, feature, template, design or contribution made or used by osCommerceDesignStudio.com for use on the client's osCommerce shop unless otherwise agreed to by osCommerceDesignStudio.com and the client.

Client Responsibilities
The client is solely responsible for providing to osCommerceDesignStudio.com any information, files, logins, access as requested by osCommerceDesignStudio.com in order to complete any service to be provided by osCommerceDesignStudio.com. This includes but may not be limited to:
1)Website url
2)Hosting account control panel access
3)Database Access
4)Ftp Access
5)osCommerce Access

Should the client fail to provide any information as requested by osCommerceDesignStudio.com within 5 business days of any order for service, osCommerceDesignStudio.com may at it's discretion, cancel the order for service and charge the client a non-refundable cancellation fee of 40% of the total amount ordered.

The client shall disclose to osCommerceDesignStudio.com substantive information that might affect osCommerceDesignStudio.com's ability to perform the service ordered prior to ordering any product or service. Failure to adhere to this requirement may result in a cancellation of the order and charging a non-refundable service fee of 40% of the cost of the total amount ordered.

osCommerceDesignStudio.com's Responsibilities
In order to preserve the integrity of the client's existing osCommerce shop, osCommerceDesignStudio.com may download the client's osCommerce files and database and install the client's files and database on the osCommerceDesignStudio.com server to install and test any changes prior to uploading the changes to the client server.

osCommerceDesignStudio.com may at it's discretion, allow the client to test any changes to the client's osCommerce files on the osCommerceDesignStudio.com server prior to uploading the changes to the client's server.

Contributions / Modules / Add-ons
osCommerceDesignStudio.com provides installation of osCommerce community contributions, found on the osCommerce.com website for a fee based upon the complexity of the contribution, the version of oscommerce that the client is using, the time involved to install the contribution and testing.

osCommerceDesignStudio.com's contribution installation fee includes full installation of the contribution into the client's oscommerce shop according to the the instructions included within the contribution and initial testing.

osCommerceDesignStudio.com offers no warranties for installation of oscommerce contributions nor any guarantees that the contribution(s) ordered by the client will be free from defect or function as described on the osCommerce.com website.

The client unless having paid an additional fee, shall direct any support related issues to the author of the contribution or to the osCommerce.com contribution forum.

For an additional fee and upon client request, osCommerceDesignStudio.com may at it's discretion, fix any contribution found to contain bugs or problems.

osCommerceDesignStudio.com may at its sole discretion and for any reason refuse orders for installation of any community contributions.

osCommerceDesignStudio.com shall not be responsible for contribution installs that do not work on the client's server or with the client's osCommerce shop. In such cases, osCommerceDesignStudio.com will provide details as to the issues and if possible, modifications necessary in order for the contribution to work properly. osCommerceDesignStudio.com may at it's discretion offer to make any required changes for an additional fee, however, the client shall be solely responsible for making any necessary changes.

Request For Quotes
Requests for quotes for services to be performed may be made initially by visiting osCommerce Solutions Quote.

Information provided by the requestor either through
osCommerce Solutions Quote form or by email is used as the basis of providing the requestor with a quote for the work to be performed.

In an effort to determine the amount of work involved in a particular project, osCommerce Design Studio requires certain information in order to assess its involvement in a particular project. The client is solely responsible for providing information necessary to make an accurate assessment of the amount of work required for a particular project. This includes but is not limited to:
1)Known issues/bugs
2)Existing modifications/customizations
3)Existing installed contributions
4)Circumstances that might affect the amount of involvement in the project
4)osCommerce version
5)Hosting related issues that might affect the amount of involvement

Should the requestor fail to provide any such information prior to the acceptance of an osCommerce Design Studio proposal as required, if osCommerceDesignStudio.com determines that the client failed to provide substantial information affecting the amount of involvement in a particular project, osCommerceDesignStudio.com may at its sole discretion invoice the client for additional fees as determined solely by osCommerceDesignStudio.com.

The client shall have a choice to pay the additional fees which will be required prior to the continuation of the project or may cancel the project. Should the client opt to cancel the project, the client agrees that osCommerceDesignStudio.com may charge a cancellation fee of 30% of the originial proposal amount or $40 whichever is greater.

Contributions / Modules / Add-ons Refund Requests
The client may request a contribution install cancellation and receive a refund at any time prior to the beginning of the contribution install. osCommerceDesignStudio.com shall at it's discretion impose a non-refundable cancellation fee of 20% of the total amount of the order or $30 (whichever is greater) on any cancellation request made prior to the beginning of the contribution install.

Fees for contribution installs that have begun or that have been completed are non-refundable.

Fees for contribution install orders cancelled by osCommerceDesignSudio.com for any reason other than those listed in these terms are fully refundable.

Security/Privacy
All client information is maintained on the osCommerceDesignStudio.com server and only available to those with a "need to know" basis.

Except as set forth herein, all information related to the client'S transaction(s) with osCommerceDesignStudio.com shall remain confidential. osCommerceDesignStudio.com will not sell, barter, trade or make available such information without prior consent from the client. This policy excludes making such information available under the following conditions:
A)When a request is made as part of law enforcement or judicial proceeding
B)When a request is made in conjunction with any unlawful activity, fraud, spam complaint, etc
C)When such information is part of a sale or transfer of business assets
D)When such information is exchanged with affiliated companies

Limitation On Liability
THE CLIENT ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE PRODUCTS OR SERVICES PURCHASED. IN NO EVENT SHALL THE OSCOMMERCEDESIGNSTUDIO.CM, ITS AGENTS, CONTRACTORS OR AFFILIATES, BE LIABLE TO THE CLIENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES PURCHASED OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The CLIENT agrees that osCommerceDesignStudio's sole liability to the CLIENT under this agreement, and the CLIENT'S sole remedy, in connection with the PRODUCTS OR SERVICES PURCHASED or any other service provided by OSCOMMERCEDESIGNSTUDIO.COM to the CLIENT under this agreement, and for any breach of this agreement by the OSCOMMERCEDESIGNSTUDIO.COM, shall be limited to the fees the CLIENT paid to OSCOMMERCEDESIGNSTUDIO.COM for the PRODUCT OR SERVICE PURCHASED.

IF THE CLIENT RESIDES IN A STATE WHICH DOES NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THEN THE CLIENT AGREES THAT OSCOMMERCEDESIGNSTUDIO.COM'S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

OSCOMMERCEDESIGNSTUDIO.COM DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
A)Access delays or interruptions to our web site or our payment processor
B)Delayed or non-delivery of the PRODUCTS OR SERVICES provided by the OSCOMMERCEDESIGNSTUDIO.COM
C)Errors, omissions or misstatements
D)Deletion of, failure to store, or failure to process or act upon email messages
E)Events beyond our control (i.e. acts of God)
F)OSCOMMERCEDESIGNSTUDIO.COM'S installation of the PRODUCTS OR SERVICES PURCHASED on the CLIENT'S web site

REPRESENTATIONS, WARRANTIES AND RESERVATION OF RIGHTS
The CLIENT warrants that all information provided by the CLIENT as part of the CLIENT's purchase of the ANY PRODUCT OR SERVICE provided by the OSCOMMERCEDESIGNSTUDIO.COM is complete, accurate and being done in good faith.

The CLIENT agrees that OSCOMMERCEDESIGNSTUDIO.COM makes no representations or warranties of any kind in connection with the CLIENT's purchase of ANY PRODUCT OR SERVICE OSCOMMERCEDESIGNSTUDIO.COM.

OSCOMMERCEDESIGNSTUDIO.COM expressly reserves the right to refuse to sell or discontinue the sell of any PRODUCT OR SERVICE provided by OSCOMMERCEDESIGNSTUDIO.COM; to discontinue any special offers; or to refuse to provide support for the PRODUCT OR SERVICE as OSCOMMERCEDESIGNSTUDIO.COM deems necessary at OSCOMMERCEDESIGNSTUDIO.COM'S discretion.

DISCLAIMER OF WARRANTIES
OSCOMMERCEDESIGNSTUDIO.COM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TOSCOMMERCEDESIGNSTUDIO.COM MAKES NO WARRANTY THAT THE RPODUCTS OR SERVICES PURCHASED OR ANY OTHER SERVICES PROVIDED BY OSCOMMERCEDESIGNSTUDIO.COM WILL MEET THE CLIENTS's REQUIREMENTS, OR THAT THE PRODUCTS OR SERVICES PURCHASED OR ANY OTHER SERVICE PROVIDED BY OSCOMMERCEDESIGNSTUDIO.COM TO BE FREE OF DEFECTS AND THAT ANY SUCH DEFECTS WILL BE CORRECTED. OSCOMMERCEDESIGNSTUDIO.COM DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, THE PRODUCTS OR SERVICES PURCHASED OR ANY OTHER SERVICE PROVIDED BY OSCOMMERCEDESIGNSTUDIO.COM, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

VENUE, WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF OHIO. THE LAWS AND JUDICIAL DECISIONS OF OHIO, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF OHIO.

THE CLIENT AGREES TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

SEVERABILITY, ENTIRETY
This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may be changed, modified or amended at any time. Any such changes, modifications or admendments will be posted on this web site.
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