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(1) TERMS: These terms and any additional terms specified in the quotation represent the entire agreement between SiliconStudio and the customer.
(2) AMMENDMENTS: No amendments to this agreement are allowed unless SiliconStudio and the customer agree in writing to any changes.
(3) CUSTOMER SUPPLIED MATERIALS: Design and development as specified in the SiliconStudio quotation will proceed on the basis that all of the information supplied by the customer is correct, free from errors and omissions and that the customer is the legal owner of any data supplied by the customer or has validated permission for use of said data which might include but not limited to graphics, audio, video, source code, code and images. The customer acknowledges that where information has been incorrectly supplied that SiliconStudio has the right to charge to remedy the error.
(4) CONFIDENTIALITY: All information, data, art and media supplied by SiliconStudio shall remain confidential to SiliconStudio and shall not be discussed in part or wholly without written permission from SiliconStudio.
(5) GRANT: The customer agrees to make available and grants permission to use data or material held by any third party in the pursuance of the project which may also include access to FTP sites, the customer’s website and website control panel. Should permission or right of access be withdrawn by the customer then the project will be deemed complete and SiliconStudio will invoice for all hours worked to that point.
(6) 3RD PARTY SOFTWARE: Where SiliconStudio has integrated either 3rd party software (e.g. plug-ins) in a website or in a product design, SiliconStudio shall not be responsible for that software or its future maintenance. This is the responsibility and the ability of the original software developer and not SiliconStudio. SiliconStudio cannot be held responsible for updating 3rd party website plug-ins unless under a maintenance agreement with SiliconStudio.
(7) DOCUMENTATION: SiliconStudio will only provide End-user documentation of any code that SiliconStudio specifically engineered for a project. SiliconStudio will provide the customer with web links to 3rd party or open source software documentation sources that will have been used in the creation of a project.
(8) APPROVALS: When SiliconStudio design work requires customer approval, a request for approval will be sent to the customer by email. The customer agrees to communicate approval or provide any changes to SiliconStudio within 72 hours. Where the customer fails to communicate within this period, SiliconStudio will assume acceptance by the client of said work. Any change requests made after this period will be charged to the customer at our hourly rate as detailed in the Quotation.
(9) REVISIONS: SiliconStudio allows its customer 1 (one) change to code, artworks or web designs. Subsequent change or revision requests by the customer will be charged to the customer at our hourly rate as detailed in the Quotation.
(10) TERMINATION: If for any reason the customer terminates the agreement once initiated, SiliconStudio shall be entitled to retain the deposit given in consideration by the customer. If the work undertaken by SiliconStudio exceeds the value of the deposit then SiliconStudio shall be entitled to an amount based on its daily rate as detailed in the Quotation.
(11) PAYMENT: A deposit will be required to initiate any project as detailed in the quotation. Final payment is due upon delivery of the final product to include where applicable, designs, code, art and media, except in the case of website or website theme design, where a final payment is due upon the client’s approval of the development site, prior to posting the finished site on our or the customers own server. All project data will be sent by SiliconStudio to the customer on compact disc or transferred to an FTP site of the customers choosing. SiliconStudio reserves the right to deactivate any live website where payment is substantially overdue.