Terms, Conditions & Policies
Section 1) Warranties and Liability: EPSILON CONCEPTS, LLC guarantees the website or application’s quality and functionality according to normal, reasonable, and standard web design industry standards and in accordance with outlined design/development standards and Project Agreement deliverables. However, this warranty will be void if anyone other than EPSILON CONCEPTS, LLC modifies, maintains, or changes the code of the website. EPSILON CONCEPTS, LLC does not warrant nor guarantee the success of the website in regards to user traffic, revenue generation or search engine results. If provided for in the Project Agreement, EPSILON CONCEPTS, LLC agrees to make all best efforts in marketing and supporting the promotion of the website but cannot guarantee user responsiveness nor search engine position. If EPSILON CONCEPTS, LLC provides consulting, support, advice, or decision-making for or on behalf of client, EPSILON CONCEPTS, LLC is in now way liable or responsible for (but not limited to) results, success, revenue generation, press response, site traffic, etc...
Section 2) Complaints: Informal complaint procedure: CLIENTS experiencing problems with any product or service provided by EPSILON CONCEPTS, LLC shall raise the matter immediately via e-mail to EPSILON CONCEPTS, LLC management by e-mailing management@epsilonconcepts.com. CLIENTS should provide sufficient information to locate the material in question and clearly outline the grounds for the complaint. EPSILON CONCEPTS, LLC will subsequently approach the individual responsible for the complaint with a view to resolving the matter based on industry standards. Formal complaint procedure: The formal complaints procedure shall 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 above. A formal complaint should be made in writing, via fax (1-866-594-3195) to EPSILON CONCEPTS, LLC, who will acknowledge receipt with an initial response via e-mail within five (5) business days and ensure that the a full and considered response to the complaint will be completed within twenty (20) business days and any subsequent remedy implemented with the minimum of delay.
Section 3) Refunds: The Initial Project Deposit is non-refundable under any and all circumstances except cancellation, in writing, within 5 business days of the Project Agreement being signed (subject to cancellation policy details outlined in this document). Refunds for work paid for above and beyond what the non-refundable Initial Project Deposit covers may be granted at EPSILON CONCEPTS, LLC's discretion, but hours worked thus far within a project will be billed pro-rate at our standard hourly rates. If you meet the refund eligibility requirements, you must request a refund in writing via fax (1-866-594-3195) to EPSILON CONCEPTS, LLC who will acknowledge receipt with an initial response via e-mail within five (5) business days and ensure that a refund is granted, if applicable, within twenty (20) business days.
Section 4) Initial Project Deposit / Remaining Balance: A non-refundable deposit for at least 50% of a project is required from every client before any work is carried out. This non-refundable deposit functions as a "time block reservation", reserving EPSILON CONCEPTS, LLC staff, affiliates, partners, and contractors for the project. This deposit is non-refundable under all circumstances, except when following the formal cancellation procedure, subject to EPSILON CONCEPTS, LLC standard cancellation fees. Once the Initial Project Deposit is paid, the remaining project balance is due within 40 business days of the date of the Initial Project Deposit or when the project is completed, whichever comes first.
Section 5) Payments: You agree to pay all fees and charges specified when you signed with EPSILON CONCEPTS, LLC, including recurring and nonrecurring charges, fees and any assessments applicable to the Service provided.
Section 6) Late Payment: Payment must be received by Epsilon Concepts, LLC within 10 business days of project invoice or the payment is late. If Epsilon Concepts, LLC does not receive your payment before the 10th business day of the project invoice, you shall pay EPSILON CONCEPTS, LLC an interest charge of 1½% per month on all charges due and unpaid and 5% late charge on overdue (late) balance. All late charges will be compounded until all balances are paid. Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of EPSILON CONCEPTS, LLC rights to collect the full amount due including interest charges, if applicable. Notice of any disputes must be in writing and received by us within 5 business days after you received your bill or you will waive any objection. If accounts are not settled or EPSILON CONCEPTS, LLC has not been contacted regarding the delay, access to the related website or project may be denied and web pages removed. EPSILON CONCEPTS, LLC then reserves the right to utilize a collection service, arbitration, or litigation to collect payment and fees, if applicable. CLIENT agrees to pay reasonable attorney's fee if referred to an attorney. Reasonable attorney's fees are defined as 33% of the balance owed.
Section 7) Cancellation: If CLIENT wishes to cancel his/her project, he/she may do so in writing via fax (1-866-594-3195) only within the first five (5) business days after Initial Project Deposit has been received by EPSILON CONCEPTS, LLC. Any work done thus far on the project will be deducted from the Initial Project Deposit and billed at our standard hourly rates. If the work that has been completed is beyond the amount covered in the Initial Project Deposit, the CLIENT shall be liable to pay for all work completed at our standard hourly rates. Additionally, a 15% cancellation fee will be assessed and deducted before a refund of the remaining balance is made. If CLIENT violates Project Agreement (e.g. doesn't follow content requirements or exercises non-payment of fees), EPSILON CONCEPTS, LLC reserves the right to cancel the project at any time. All work done by EPSILON CONCEPTS, LLC shall remain the property of EPSILON CONCEPTS, LLC.
Section 8) Scope / Work Increase: An increase in the original scope of work outlined in the Cost Planning Estimate/Project Agreement shall require a change order and additional fees at our standard hourly rates. Also, pages, design hours, features, revision cycles, etc.., above and beyond that which was quoted in the Cost Planning Estimate/Project Agreement shall require additional fees at our standard hourly rates. Changes or derivations from original Project Documentation (Project Questionnaire, Content, Sitemap, Technical Notes, Cost Planning Estimate, Project Agreement) shall require additional fees at our standard hourly rates. CLIENT will be notified in advance before the occurrence of any additional fees beyond the Project Agreement.
Section 9) Maintenance: Unless EPSILON CONCEPTS, LLC and CLIENT enters into a formal Website Maintenance Agreement (contained within its own document), website maintenance is the sole responsibility of the CLIENT.
Section 10) Expiration: If client chooses to neglect sending final and complete website content and filled out Project Questionnaire according to the EPSILON CONCEPTS, LLC content delivery requirements, after twenty (20) business days the Project Agreement will be considered breached and EPSILON CONCEPTS, LLC reserves the right to: 1) cancel the project and retain the 50% deposit, 2) retain the project and assess a 5% expiration fee every five (5) business days final content / questionnaire is not received and will be no longer able to guarantee or ensure a prompt project time-line, 3) retain the project without assessing an expiration fee, but EPSILON CONCEPTS, LLC will no longer be able to guarantee or ensure a prompt project time-line, as EPSILON CONCEPTS, LLC project scheduling is reliant upon prompt delivery of content/questionnaire by client as designers/developers are "reserved" for a set period of time. If CLIENT does not provide reasonable/standard feedback or information needed to move forward with the project, the project will be considered expired after 20 business days, unless mutually agreed upon beforehand.
Section 11) Authorship Credit: EPSILON CONCEPTS, LLC includes a byline and link on the bottom of CLIENT's website(s) establishing authorship credit (e.g. "Website Design by Epsilon Concepts, LLC") and must be removed at any time upon request by EPSILON CONCEPTS, LLC. EPSILON CONCEPTS, LLC also customarily creates case studies and includes all projects in our portfolio of work. If you do not want your project featured in our portfolio or case study section, you must notify us at the onset of a project in writing.
Section 12) Laws Affecting E-Commerce: The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend EPSILON CONCEPTS, LLC and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT's use of e-commerce.
Section 13) Liability / Indemnification: CLIENT hereby agrees than any material submitted for publication will not contain anything leading to an abusive or unethical use of the services provided by EPSILON CONCEPTS, LLC. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel. CLIENT hereby agrees to indemnify and hold harmless EPSILON CONCEPTS, LLC from any claim resulting from CLIENT's publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless EPSILON CONCEPTS, LLC in any claim resulting from the submission of illegal materials. If EPSILON CONCEPTS, LLC shall acquire an Internet domain name or Internet hosting account on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against EPSILON CONCEPTS, LLC, for any loss, damage, claim, or expense arising out of or in relation to the registration of such domain name in any on-line or off-line network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of providing of this service by EPSILON CONCEPTS, LLC. Under no circumstances, including negligence, shall EPSILON CONCEPTS, LLC, its offices, agents, or anyone else involved in creating, producing, or distributing its services, be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use EPSILON CONCEPTS, LLC's services; or that results from mistakes, omissions, interruptions, deletion, or loss files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access EPSILON CONCEPTS, LLC’s records, programs, or services. CLIENT maintains sole responsibility for data back-ups and restoration. EPSILON CONCEPTS, LLC is not responsible for search engine mistakes or the activities of any third party website in relation to when/how they index a website. CLIENT hereby acknowledges that this paragraph shall apply to all content of EPSILON CONCEPTS, LLC services. Notwithstanding the above, CLIENT's exclusive remedies for all damages, losses, and causes of actions whether in Project Agreement, or including negligence, or otherwise, shall not exceed aggregate dollar amount that CLIENT paid during the term of the Project Agreement and any reasonable attorney's fee and court costs.
Section 14) Proprietary Rights: EPSILON CONCEPTS, LLC agrees that designs developed and implemented for the CLIENT will be the sole and exclusive property of the CLIENT upon payment of all fees due to EPSILON CONCEPTS, LLC.
Section 15) Image Usage and Purchases: CLIENT is responsible for purchasing any and all images used if CLIENT does not have ownership.
Section 16) Situs/Additional Provisions: This Project Agreement shall be construed and governed in accordance with the laws of the State of California. The Parties agree that any questions or issues concerning this Project Agreement shall be resolved in the courts of Los Angeles, California.
Section 17) Time-lines: EPSILON CONCEPTS, LLC does not guarantee or promise specific delivery dates or time-lines unless in writing, in the Project Agreement, where CLIENT is subject to Guaranteed Delivery Fee. When this Guaranteed Delivery Fee is assessed and EPSILON CONCEPTS, LLC fails to meet the delivery requirements (and client has met their corresponding Content Delivery Requirements) EPSILON CONCEPTS, LLC will refund a percentage of the project amount based on the Project Agreement. In all other cases (when Guaranteed Delivery Fee is not assessed) EPSILON CONCEPTS, LLC provides average time-line scenarios on www.epsilonconcepts.com, during pre-sales conversations, within Cost Planning Estimates, within the Project Agreement, etc... These time-lines are averages based on historical data and optimum delivery by CLIENT of content and filled out Project Questionnaire, quick and responsive revision cycles, and lower-complexity project requirements. Time-line estimations should be adjusted based on actual content delivery time by CLIENT, actual number and length of revision cycles, and higher-complexity requirements. EPSILON CONCEPTS, LLC does not guarantee or promise delivery dates or time-lines unless otherwise stated in writing in the Project Agreement.
Section 18) Client Ownership: CLIENT shall retain all right, title and interest including copyright and other proprietary or intellectual property rights to their completed project upon payment in full.
Section 19) E-Commerce Policies: EPSILON CONCEPTS, LLC does not provide product photography or tax advice. EPSILON CONCEPTS, LLC only inserts ten (10) initial categories and ten (10) initial products into the Epsilon Store chosen by CLIENT. It is the CLIENT's responsibility to configure "My Store" settings including contact information, sales tax information, shipping information, etc... though EPSILON CONCEPTS, LLC can elect to assist CLIENT with these configuration settings.
Section 20) Right of Refusal: EPSILON CONCEPTS, LLC reserves the right to refuse to construct a website which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to US laws.
Section 21) Prices/Rates: EPSILON CONCEPTS, LLC reserves the right to alter prices/rates at any time without notice. If CLIENT has purchased any products or services from EPSILON CONCEPTS, LLC prior to a change in prices/rates, that purchase will not be subject to any increase, but any subsequent purchases, may be subject to an increase.
Section 22) Returned Payments / Charge Backs: Any payment(s) returned by a bank or credit card company will incur a fifty dollar ($50) administration charge. This will be invoiced and will be added to the total outstanding debt owed by CLIENT. All bank disputes and bank issued charge backs result in the complete cancellation of CLIENT's account. All bank disputes and charge backs are reported to the issuer's credit agency.
Section 23) Content Delivery Requirements: Project Questionnaire: After Initial Project Deposit is received by EPSILON CONCEPTS, LLC, EPSILON CONCEPTS, LLC shall promptly (within three (3) business days) e-mail Project Questionnaire link. CLIENT has twenty (20) business days after Initial Project Deposit is made to submit final, proofread Project Questionnaire to EPSILON CONCEPTS, LLC. Changes or derivations from Project Questionnaire submitted will be subject to additional fees based on our standard hourly rates. Text: All text must be delivered inside of the Project Content Word Document in Microsoft Word Document format. Text must be final version. Images: All images should be included in the Project Content Word Document placed in the document where CLIENT desires images to be placed on the website and EPSILON CONCEPTS, LLC will assist as well. Images should be delivered via Basecamp or CD-ROM in "zipped" or "archived" format, with each image appropriately labeled (e.g. "Home_Page_Top_Right_Image.jpg"). Logo: CLIENT logo should be delivered as a "source file" that is enlargeable and editable. Example source file formats include .png, .tiff, .eps, and .psd. Logo can be delivered via Basecamp (in "zipped" or "archived" format) or CD-ROM. E-Commerce Content: If Project Agreement is for an e-commerce related project, CLIENT must also provide ten (10) category titles and ten (10) product titles (also a description, code, picture, etc...), inside of a E-Commerce Content Word Document in Microsoft Word format to EPSILON CONCEPTS, LLC via Basecamp (in "zipped" or "archived" format) or CD-ROM.
Section 24) Internet Marketing: All Internet marketing and/or search engine related products and services are provided without guaranteed results. EPSILON CONCEPTS, LLC can in no way control search engine(s) and therefore cannot provide guarantees on any results or search engine predictions.
Section 26) Copyrights: All text, designs, and imagery on this website: www.epsilonconcepts.com are copyright 2008 EPSILON CONCEPTS, LLC. Any components of this website may not be written, transmitted, or reproduced without the express written consent of EPSILON CONCEPTS, LLC.
Section 27) Trademarks: The name and logo, Epsilon Concepts, is a trademark of EPSILON CONCEPTS, LLC. The slogan "Be Remarkable" is a trademark of EPSILON CONCEPTS, LLC and cannot be used without EPSILON CONCEPTS, LLC prior written permission.
Section 28) Licensing: EPSILON CONCEPTS, LLC is licensed to operate business from Los Angeles, California.
Section 29) Office Hours: EPSILON CONCEPTS, LLC is available during standard business hours (non-holidays) Monday-Friday from 10:00 AM to 6:00 PM (EST) / 7:00 AM to 3:00 PM (PST). We do not provide support or consulting outside of our normal office hours unless under special circumstances previously agreed upon in a Project Agreement.
Section 30) Modification and Wavier: A modification or waiver of any of the provisions of this Project Agreement shall be effective only if made in writing and executed with the same formality as this Project Agreement. Failure of either party to insist upon strict performance of any of the provisions of the Project Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature.
Section 31) Entire Agreement: This Project Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein.
Section 32) Acceleration: If any payment is not timely made, the entire balance of the Project Agreement becomes immediately due and payable immediately.
Section 33) Binding Effect: Except as otherwise stated herein, all of the provisions of this Project Agreement shall be binding upon the respective heirs, next of kin, executors and administrators of the parties.
