Terms & Condition

Authorization for Web Services

Client (the undersigned) is engaging Gloze Media as an independent contractor for the specific project of developing and/or enhancing a website to be installed on a computer system maintained and operated by Gloze Media. Client hereby authorizes Gloze Media to begin work on the website named in Agreement.

Client asserts upon 50% payment of the job that Gloze Media has legal authorization to use any content, media, documents, or data that are provided to Gloze Media for inclusion into Client’s website. Client also asserts that Gloze Media also has legal authorization to use any of the content, media, documents or data that are sent to Gloze Media for inclusion into Client’s website.

Client agrees that all of the documents and text that are submitted to Gloze Media are in final form to be presented on the website. All text/content should be received from client to Gloze Media by a specific date upon website completion. If all text/content is not received on the specified date, Client will be charged according to the rate set out under the section titled Compliance Rebate.

Client understands that Gloze Media takes no responsibility for any errors on the above-mentioned website after Client signs the project/website authorization form, provided by Gloze Media. The pre-sale period is so Client and Gloze Media can find and patch any bugs before the website/software goes live. Any bugs found after the first 30days to the website/software going live, the Client will be invoiced by Gloze Media hourly if the Client doesn’t have one of Gloze Media’s maintenance plans.

Gloze Media’s Agreement

Gloze Media’s Agreement, built into this contract, must have 50% deposit along with this document before Gloze Media will begin working on Client’s project. Client agrees that some services and products must be paid for upon the signing of this document and that those services and products are “Pre-Paid” services.

Some services are billed on a monthly basis, and upon signing this contract Client agrees to pay the total monthly payment, which is specified in the Agreement. Client also agrees to pay the monthly payment for a minimum number of months, if it is specified in Agreement or another work order.

Agreement Completion

Gloze Media and Client must work together to complete the website in a timely manner so that the completion date of project is met. If Client does not supply Gloze Media their complete media assets for all website pages or other graphical images contracted Gloze media will postpone the start of the project until assets are received.

Client will be responsible for 3 requirements with every web creative purchase.  The three requirements are: to complete the Consultation Form and meet with a Gloze Media Account Manager within 48hrs of site deposit; to submit Round of Mock Up Changes to Account Manager within date specified on Contract; and for ALL content to be complete and submitted to Account Manager within date specified on Contract.  If the content is not received by the Client; Gloze Media reserves the right to charge the Client according to the rate set under the section titled Compliance Rebate.

Payments

All payments must be made in U.S. funds.

Client agrees to pay the down payment (deposit) for any website work that is specified in Agreement in full at the time of signing this contract. Also, Client must pay for all “Pre-Paid” services at the time of signing this contract and the attached Agreement. Client understands that the down payment is non refundable.

All other payments to Gloze Media must be made by any checkpoint date(s) on the Agreement for Client’s website(s), or at the interval(s) specified on the Agreement. Some services require a monthly fee, and Client understands that Gloze Media will bill Client on a monthly basis for such services.

Compliance Rebate & Penalties

In the continuing interest of the client, GloZe Media has created a Website delivery service called TWF (Timely Work Flow) that will be fast, easy and, most importantly, professional. All websites will have an SLA (Service Level Agreement) that covers either the contracted delivery of service or performance (see chart below): 

 The effectiveness of the SLA is dependent on the client's responsibility to deliver all required assets on the scheduled dates.   The implementation of the TWF to all websites is to ensure that the stipulated dates in the SLA will be fulfilled without any delays.  Here is a list of rewards and penalties the TWF will impose with regards to on-time delivery of service:
1)      When Client provides ALL material as indicated in SLA – 5% discount on total invoice
2)      When Client initiates pause or delay, 3 extra days of service will be provided  – No discount on services
3)      When Client delays exceed the 3 day grace period – 2% additional charge per day (this charge can be avoided if the client provides prior 48 hour notification).

If Gloze Media does not have Client's purchased project on the specified date of completion (due to the fault of Gloze Media) the Client can receive up to 10% off the final invoice.

Penalties for Late Payments and Bounced Checks

Any checks payable to Gloze Media that are returned for insufficient funds or stop payment after the signing of this contract will result in the following charges to Client:

A $100.00 charge for insufficient funds. All other payments to Gloze Media after an “insufficient funds” must be executed by wire transfer or cashier's check.

If a stop payment is put on a check to Gloze Media for services after a project has been started then the total amount of this contract becomes due immediately plus an additional $500 fee, and the funds must be wired to Gloze Media.

If late payments occur for more than two times in any 12-month period, Gloze Media may require Client to pay 12 months in advance.

Pricing for Additional Programming and Graphic Design

All additional work outside the parameters of this Agreement will be billed at a rate of $45 per hour.
 
All additional work will be defined and billed on final invoice. If Client requests an addition be made to their website to meet an urgent deadline, whether realistic or not, Gloze Media’s regular price for additional work will double. If Client requires work to be completed over weekends or holidays, the regular price for additional work will triple. In addition, Client must pay half of the estimated cost of the additional work before Gloze Media begins any work. No work will begin until the required payment is made.

Client also agrees that if it becomes necessary for litigation or arbitration, the litigation or arbitration will be held in Phoenix Arizona, regardless of where this contract was signed.

Subcontractors

Gloze Media reserves the right to assign subcontractors to the whole project specified on the Agreement, or any portion of the project specified on the Agreement. 

Third-Party Terms

Where Gloze Media is acting as a reseller for third-party products or services, Client agrees to be bound by their terms and conditions, which access to their terms and conditions will be provided upon request.

Legal Notes

Gloze Media prides itself on delivering quality products to its clients and will do everything it can to make its clients are satisfied. Gloze Media does not guarantee that the functionality of any website components or graphical content will be exactly as Client envisioned them to be. Client understands that there are instances where the design specifications may change either due to Client's request, third party requirements, or because Gloze Media finds a satisfactory alternative and Gloze Media cannot guarantee that the website or software will behave exactly as described in the information architecture phase of the project. Furthermore, Gloze Media does not warrant that the functionality of Client’s website work will be uninterrupted or free of errors or 100% up time on Gloze Media servers. The entire risk as to the quality and performance of Client’s website work is with Client. In no event will Gloze Media be liable to Client or any third-party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or the inability to operate the website specified in the Agreement, even if Gloze Media has been advised of the possibility of such damages. If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Copyrights and Trademarks

Client owns the Copyright to the finished assembled work of the website as it relates to this contract produced by Gloze Media on behalf of Client, where Gloze Media retains ownership of all the software and source code used within the website. All content, images or information provided by Client or a third party remains the property of their respective owners. Upon final payment of this contract, Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website including non-exclusive rights and access to the underlying software but not the server side source code itself as long as the website is hosted on Gloze Media’s server(s). Rights to photos, graphics, source code, work-up files, and computer programs not provided by Client are specifically not transferred to Client, and remain the property of their respective owners. Gloze Media and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

Upon Client’s request, Client will be provided with a disc of all HTML code generated by Gloze Media but not the server side source code or database design. The disc will also contain any images used in the design of the website, any client side Javascript files, CSS (Cascading Style Sheet) files used for the public portion of the site, and Image files used for the public portion of the site. The copyright of the individual files and or client side source code will remain the property of their respective owners where files owned by Gloze Media shall be non-exclusively licensed to Client with the right to modify for Client’s own use.

Laws Affecting Electronic Commerce

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Client agrees that Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Gloze Media and its subcontractors from any claim, suit, penalty, tax, or tariff arising from Client’s exercise of Internet electronic commerce.

Sole Agreement

The Agreement contained in this contract constitutes the sole agreement between Gloze Media and Client regarding this website. Any additional work not specified in the Agreement must be authorized by another signed work order specifying the changes that Client needs. Any other services that Client requires after the Agreement has been completed must be represented by another work order. All new work orders will be governed by this agreement unless specifically noted on the new work order. Any changes made to these Terms and Conditions and Agreement by Client which is not approved by Gloze Media will

Void the Agreement, and Gloze Media will not be responsible for liabilities, responsibilities or fulfilling any duties which the unapproved change affected.

Amendments

Gloze Media reserves the right to amend these Terms and Conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.