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Terms of Use

Definitions
The Client: The company or individual requesting the services of Studio33.
Studio33: Primary designer/site owner and employees or affiliates.

Terms and Conditions
  • Whilst every Endeavour will be made to ensure that the website and any scripts or programs are free of errors, Studio33 cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
  • The website, graphics and any programming code remain the property of Studio33 until all outstanding accounts are paid in full.
  • Any design, graphics, scripts or software etc. (unless specifically agreed) designed/written by Studio33 remain the copyright of Studio33 and may only be commercially reproduced or resold without the permission of Studio33.
  • Studio33 requires 50% of the total amount due before starting work on any project. The remaining balance must be paid upon completion of the project or 90 days after beginning the project, whichever comes first, regardless of project status.
  • All content for the website design/development and graphic design are to be provided by the Client.
  • Studio33 will only use materials that are in accordance with copyright laws and the Client will not provide material to Studio33 for use in a web site design that violates such laws.
  • Studio33 shall not be held liable for the accuracy of any information supplied by the Client and contained in Client's website or graphic design.
  • Studio33 will be given final approval of a design by the Client before developing the website or graphic design. Changes to the design after approval has been given and development has begun are not included in the initial agreement and are therefore chargeable.
  • Studio33 and Client shall agree to a schedule of deadlines before commencing work on a project. Meeting project deadlines will be dependent on the provision of content/information for the project by the Client. Failure by Client to provide content/information promptly will result in the project deadline being re-scheduled.
  • The cost estimates agreed upon by Studio33 and Client are based on the requirements specified in the accepted proposal. Any change in the requirements or delays in communication will have a direct impact on the cost of the project.
  • All payments to Studio33 are non-refundable.
  • On the agreed completion date or milestone the Client will be invoiced for the agreed fees as detailed in the Proposal.
  • In case any invoice is overdue for more than 10 days, Studio33 reserves the right to stop work without any further communication.
  • Studio33 sends all invoices on email or by mail only and all invoices are due on presentation.
  • Studio33 will not give out Client’s confidential information, including but not limited to names, addresses and trade secrets. Studio33 agrees to take reasonable precautions to prevent unauthorized disclosure of confidential information.
  • A valid cancellation will take place if the same is communicated in writing (with authorized signature of Client) and is mutually agreed upon or full and final payment having been received by Studio33 with respect to project.
  • This Agreement is effective as of the Effective Date and shall continue unless terminated; Studio33 may terminate this Agreement after five (5) days' written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay Studio33 for all Services provided to Customer by Studio33 prior to termination.
  • Studio33 warrants that the Web site will conform to specifications or acceptance criteria agreed to by the parties when delivered to Customer and for a period of one (1) year thereafter (the "Warranty Period") and that Studio33 will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. Studio33 offers any minor changes in the website during warranty period. This condition does not apply to major design changes. Studio33 warranties and representations hereunder will not extend or apply to any Web site modified by any party other than Studio33. In the event that Customer discovers an Error in the Web site during the Warranty Period, Studio33’s sole responsibility will be to use reasonably commercial efforts to correct such Errors. "Error" means any reproducible error, problem, or defect resulting from (i) an incorrect functioning of the Background Technology that materially affects the functionality of the Web site or (ii) any failure of the Web site delivered to Customer to materially meet the specifications or acceptance criteria. All warranty claims not made in writing within the Warranty Period shall be deemed waived. Studio33 warranty obligations are personal to Customer and may not be extended to any third party.
  • Except as expressly provided in this Agreement, the Services are provided "as is," and Studio33 expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, no infringement, merchantability, and fitness for a particular purpose. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all services provided by Studio33 to a Customer will be deemed accepted when delivered.
  • Studio33 reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future customers. Studio33 may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Website Pros' posting of any changes or modifications will constitute your acceptance of such changes or modifications.
  • These terms and conditions apply to all services provided by Studio33. If you have any questions regarding the Terms of Use, please contact Studio33 via our Contact Us page.
Customers’ Testimonials
Studio33 came highly recommended and deservedly so. We had a complicated site to build, an extremely short timeframe and a finite budget. Studio33 came in on-time and on-budget, delivering a beautiful site that addressed every one of the many items on our wish-list.