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Oniue - Privacy Policy
Oniue - Privacy Policy

Payment Obligations, Renewals, and Cancellations


1.    Website Development Payment Obligations: A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee, unless an alternative contract or proposal specifies a different amount. The outstanding balance on your website is due after the design, navigation and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that Oniue gets paid for performing their duty under the proposal, despite tardy content from the client. After payment, Oniue will still post outstanding content AT NO CHARGE for 3 months. In the event an "under construction" page is posted due to missing content, Oniue will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date. After the three months have expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.


2.    Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable.


3.    Stock Photography Payment Obligations: Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of client for use in website development is billable at a minimum of $10 per picture. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $10, in which case we will solicit client approval and communicate the price before purchasing.


4.    Description of Ongoing Costs: There are 2 types of ongoing costs: domain registration and hosting.


a.    Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.example.com, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly PREFER that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.


b.    Hosting: This cost recurs monthly or annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly PREFER that you do. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with Oniue to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.


c.    Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Oniue fifteen (15) days before the renewal date that you do not wish to renew the account.


d.    Hosting Cancellation Payment Obligations: You may cancel at any time. If you cancel before the first 30 days from the opening of your account, please refer to the details under "Limited 30-day Money Back Guarantee." If you cancel after the first 30 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. Oniue will refund the prepaid fees for basic hosting for the full months remaining after effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $25. Accounts that are terminated by Oniue for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 10 business days from your cancellation date.


e.    Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider Oniue can, upon request, download your site onto a CD and mail it to you. The cost for this service $50 per copy. FTP access to your site is not available for transfer purposes.


f.    Limited 30-day Money Back Guarantee on Hosting: If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund on your hosting fee excluding setup fees and time accrued from setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.


g.    Sites NOT Hosted by Oniue: Should client decide to host their site on another server, Oniue cannot guarantee the all elements of the site will work. Oniue will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Oniue believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.


5.    Website Maintenance: There are no required maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System, or installing a blog. For work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.


6.    Website Maintenance Payment Obligations: Depending upon the nature of the website changes, prepayment may be required. Should the client be invoiced after the changes are completed, the invoice is due upon receipt. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $35 reposting fee added to the outstanding maintenance invoice balance.


Development Process

1.    Homepage Design: Once the site design is approved by the client, usually via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.


2.    Navigation: Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.


3.    Content: Provision of content is customer’s responsibility, unless specifically negotiated ahead of time as part of the project proposal.


o Text content: Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.


o Copy development: Should client wish Oniue to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via Oniue Web Development interviewing the client about the topic areas to be addressed on their web pages. Oniue then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.


o Graphical content: Images outside of the website design must be provided in digital form or in a form that can be easily scanned, unless otherwise provided for in customer’s contract. Subsequent revisions will be billable at our regular hourly rate.


4.    Database Implementation: Entry of data for database applications is considered client’s responsibility. Entry of data by Oniue is billable, unless otherwise provided for in customer’s contract.


5.    Email: We offer free domain-based email accounts to our clients as part of any hosting contract. If site is not hosted by Oniue, we take no responsibility for setting up and troubleshooting email problems.


6.    Training: For websites with administrative control panels or content management systems, two (2) one-hour training sessions will be provided.


7.    Technical Support: We offer local and long-distance phone support to our clients. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If Oniue is not the source of the problem, technical support may be billable.


Training and Tutorials

Because customer service is in integral part of our business strategy, all of our projects include a one-time complimentary training session in order for our clients to better make use of their new web technology. Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.


Domain Transfers and DNS Management

For domains not originally registered with Oniue, there will be a $25 fee to either transfer to the domain into our registration platform, or to transfer-out to another registrar. If your domain is not registered with Oniue, DNS management and troubleshooting tasks are billable at our hourly rate.


Websites with Proprietary Source Code

Should client contract with Oniue to write custom code for a website application, this code is not transferable to a new developer or host.  Custom written source code is considered the property of Oniue Web Development and cannot be shared with other developers. Clients are granted a license to use custom software code while on Oniue servers only.  Oniue Web Development retains ownership of the code.


In some cases, Oniue will install software for the client’s use that has been built by a third party. Examples include WordPress blog software, FCK editor software, shopping carts, photo galleries, etc. In these instances, clients will be subject to the terms and conditions of the third party who owns the software, and may use the software as a licensee only. No ownership rights of any kind are transferred to the client.  


Access to or transfer of proprietary source code could result in a security risk to Oniue and its clients who are running similar pieces of code.  In order to provide custom software development services, clients give us access to private and/or sensitive information, trade secrets, proprietary pricing and business methods.  If clients believed that we may be sharing this information with outside developers, they could lose faith that we are protecting their proprietary information.  Therefore, neither access nor transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted. Should client want us to build software to run on another server, it must be disclosed upfront and specifically contracted for.
Website components that ARE transferable to another host include html code, graphics, logos, pictures, navigation, text, and the data residing within a database (but not the code).  Hourly fees will apply for any special work that needs to be done to transfer those parts of website that do not violate the other paragraphs in this section.


Non-Domain-Based Troubleshooting

Oniue Web Development maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients' ISPs (Internet Service Providers), ISP-based email accounts your home or office internet connections, or any other non-domain-based issues outside Oniue Web Development's realm of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.

 

Photography and Video Services


DEFINITIONS: “Image(s)” means all visual representations delivered to Client whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analogue, or any other, media.

 

USAGE RIGHTS and OWNERSHIP: Client acknowledges that Oniue is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). All Images and copyrights remain the exclusive property of Oniue without limitation. All usage rights to the Image(s) specifically granted by Oniue after receiving all payments in full.  Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s).
The use of any Image(s) will not constitute a work of joint authorship.
Unless otherwise agreed, Oniue retains the right to use any Image(s) for its self-promotion.

 

PHOTOGRAPHIC INTEGRITY and ALTERATIONS: Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Oniue. Normal reproduction adjustments for color, contrast, brightness, sharpness, and cropping, are permitted.
Any alteration or modification of the Image(s) will not constitute a work of joint authorship.

 

GENERAL LIABILITY and RELEASES: Client will indemnify, defend, and hold harmless, Oniue, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from Client’s use of the Image(s).
Oniue is not responsible for obtaining model, property, trademark, or other releases in connection with any Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain the necessary permissions for any Image uses that require a release.
It is Client’s responsibility to determine whether any releases delivered by Oniue are suitable for Client’s purposes.
In any event, Oniue’s liability for all claims will not exceed the total amount paid under this Agreement.


PAYMENT: NO RIGHTS ARE GRANTED UNLESS AND UNTIL Oniue HAS RECEIVED FULL PAYMENT. ANY USE PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE.
All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.
Oniue does not provide any receipts to Client. Oniue’s invoice will serve as Client’s receipt for work performed and services rendered.


CANCELLATIONS and POSTPONEMENTS: To do our best work, we focus on only one client per day. Once Client and Oniue have agreed to time(s) and date(s) for a photography assignment, Oniue will not accept work from any other client for the same time(s) and date(s).


Where Client postpones or cancels an assignment, Client will pay all expenses incurred by Oniue up to the time of postponement or cancellation, plus all fees for any subcontractors booked for the assignment, and:


(a) Thirty-five percent of Oniue’s fees for postponement, or cancellation, less than two weeks from the scheduled time, or
(b) Fifty percent of Oniue’s fees for postponement, or cancellation, less than one week from the scheduled time


If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual shooting.
Any deposits paid on booking become non-refundable for cancellation, or postponement, less than five business days from the date of photography.
Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. However, Oniue understands that life doesn’t always happen as planned and consideration will be given in any such circumstance.

 

FAILURE TO PERFORM: If Oniue is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Oniue will attempt to procure the services of another professional Oniue to fulfill its obligations. If that does not succeed, Oniue will return any fees paid by Client and will have no further liability with respect to this Agreement, and Oniue will not be responsible or liable for any other damages beyond the amount of this Agreement.
This limitation of liability will also apply in the event that any Images are lost or damaged through equipment malfunction, or otherwise, without the fault of Oniue.

 

ARCHIVING DIGITAL FILES: While Oniue may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Oniue cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.
Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Oniue and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Oniue becoming unusable.


DIGITAL FILE QUALITY: Oniue is committed to providing high quality services.
Oniue uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities.
It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Oniue’s sole obligation will be to replace or repair the data, but in no event will Oniue be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.

 

ACCEPTANCE OF TERMS:

Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Oniue. Client is severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the project assignment.
This Agreement will be deemed to be a contract made under the laws of Texas, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the Harris County and Fort Bent County, Texas. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Oniue.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
In addition to oral and written agreements, use of any materials by Client will constitute acceptance of all the above terms and conditions.


Complaints Procedure


Informal procedure

Anyone who experiences a problem with their web service provided by Oniue should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Oniue will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.


Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Oniue, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

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