Terms Of Service
1. ACCEPTANCE OF TERMS
This Terms of Service (TOS) agreement is between you (Client) and Ahmad Ouro-Akondo – AOACREATIVE (aoacreative.com).
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Ahmad Ouro-Akondo – AOACREATIVE services, including but not limited to, domain name registration, web design and development, social media marketing, videography, conversion optimization, and consulting, you (Client) agree to be bound by the following terms and conditions. You, the CLIENT also agrees that electronic acceptance of this TOS shall have the same force and effect as CLIENT agreeing to this TOS in hand written signature.
Ahmad Ouro-Akondo – AOACREATIVE provides its services to CLIENT subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at aoacreative.com/terms-of-service. Failure to comply with the TOS may result in account or service termination or cancellation. By using Ahmad Ouro-Akondo – AOACREATIVE’s services, CLIENT agrees to (and hereby signs) the most current version of the TOS.
CLIENT’s acceptance of the TOS is binding upon all Ahmad Ouro-Akondo – AOACREATIVE services, including the purchase of additional services at a later date.
Agreement means the Project Proposal, Terms and Conditions, Statement of Work and any other attached documents.
Project means the scope and purpose of the CLIENT’s identified usage of the work product as described in the Project Proposal.
Services means all services and the work product to be provided to CLIENT by Ahmad Ouro-Akondo – AOACREATIVE as described and otherwise further defined in the Project Proposal.
Final Design means the final versions of Deliverables provided by Ahmad Ouro-Akondo – AOACREATIVE and accepted by CLIENT.
Deliverables means the services and work product specified in the Project Proposal to be delivered by Ahmad Ouro-Akondo – AOACREATIVE to CLIENT.
Client Content means all materials, writing, images or other creative content provided by CLIENT used in preparing or creating the Deliverables.
3. EVALUATION AND ACCEPTANCE
UNIQUE SPECIFICATIONS DOCUMENT:
If CLIENT has specific requirements regarding the Project, CLIENT must write a Unique Specifications Document to inform Ahmad Ouro-Akondo – AOACREATIVE of the overall Project requirements before Ahmad Ouro-Akondo – AOACREATIVE submits an official proposal to CLIENT. The Unique Specifications Document MUST INCLUDE DETAILED and SUFFICIENT EXPLANATIONS DESCRIBING EACH PROJECT REQUIREMENT. Ahmad Ouro-Akondo – AOACREATIVE will not be held responsible for misunderstanding and therefore applying inaccurate details in CLIENT Project if the misunderstanding was due to insufficient, improper, or erroneous information in the Unique Specifications Document. Any newly Unique Specifications Document delivered to Ahmad Ouro-Akondo – AOACREATIVE after CLIENT received a quote from Ahmad Ouro-Akondo – AOACREATIVE WILL NOT be associated with the former quote sent and Ahmad Ouro-Akondo – AOACREATIVE may reevaluate the newly detailed Unique Specifications Document for an additional or renewed quote.
Unique Specifications Document will be accepted in the form of a text or word document, email or messaging application.
Ahmad Ouro-Akondo – AOACREATIVE will test and correct Deliverables using commercially reasonable efforts before providing Deliverables to CLIENT to ensure there are no defects. If CLIENT found a defect, CLIENT will have Five (5) days from the time of Deliverables to write a detailed explanation of defect(s) to Ahmad Ouro-Akondo – AOACREATIVE for fixing. If Ahmad Ouro-Akondo – AOACREATIVE has determined that defects were not caused by or not part of the original Deliverables, Ahmad Ouro-Akondo – AOACREATIVE will not be obligated to perform any actions without additional costs.
The Final Design Policy ensures that all Project requirements were met by Ahmad Ouro-Akondo – AOACREATIVE. Upon completion and testing of a Project, Ahmad Ouro-Akondo – AOACREATIVE will present full Deliverables to CLIENT. Once a Project is fully presented to CLIENT, the Project is set as complete by default and Ahmad Ouro-Akondo – AOACREATIVE will not be obligated to perform further services beyond this agreement.
If CLIENT wishes to request additional changes after the final Deliverables, CLIENT agrees to inform Ahmad Ouro-Akondo – AOACREATIVE in the form of a text or word document, email or messaging application of any further changes (if any) according to the REVISION POLICY below, within five days of being fully presented with Deliverables. If CLIENT does not notify Ahmad Ouro-Akondo – AOACREATIVE of any further changes within five (5) days of being fully presented with Deliverables, then Project will remain AS IS and any additional changes requested by CLIENT after the five (5) day period will be subject to ADDITIONAL COSTS. If CLIENT wishes to request additional changes after being presented with Deliverables, CLIENT may do so without delaying any invoices pertaining to the Deliverables. Ahmad Ouro-Akondo – AOACREATIVE will continue to work with CLIENT according to the REVISIONS POLICY below and within the boundaries of this agreement.
Ahmad Ouro-Akondo – AOACREATIVE holds full ownership of Deliverables until CLIENT has paid in full.
Ahmad Ouro-Akondo – AOACREATIVE will allow one (1) complementary revision round to be requested by CLIENT anytime during five days (5) after being fully presented with final Deliverables. CLIENT may only request changes pertaining to the front-end visual design. If CLIENT used the one (1) complimentary revision round and wishes to request additional changes, CLIENT will be billed at an hourly rate according to the ADDITIONAL COSTS section below. All change requests MUST be in written form and emailed to Ahmad Ouro-Akondo – AOACREATIVE. If CLIENT does not request any changes and the five day period has expired, then the one (1) complementary revision round will automatically become void with NO EXCEPTIONS.
The complimentary revision round is subject to the following:
A.) CLIENT acknowledges that the complementary revision round is NOT part of the main Project requirements or Scope of Work and is only offered to CLIENT as a means for removing or replacing any non-pleasing design elements as well as making enhancements or making additions in the overall design.
B.) CLIENT may request minor changes they feel is needed to more accurately represent their brand visually, or may request for elements to be removed, or may request for color changes of any design element, or may request additional visual design elements.
D.) The complementary revision round is limited to this agreement and must stay within the original Scope of Work; CLIENT may not request additional features that were not included in the Scope of Work with the exception of visual design details using CSS and HTML.
E.) The revision round may not exceed 25 percent of the time required to produce Deliverables and not to exceed 25 percent of the work required to produce Deliverables. For example, if the total time-frame of the total Project is four (4) weeks, each revision round may not exceed one (1) week or one quarter of the work that was needed to produce the final Project.
F.) Any requests that are not included in the original Project Scope is subject to a new proposal from Ahmad Ouro-Akondo – AOACREATIVE. See number 7. CHANGES TO PROJECT SCOPE
G.) Further change requests after the initial complementary round is used will be subject to extra charges.
By default, we choose a font type that may best fit your project needs, but If client wishes to use a custom font, client is responsible for providing the font files needed to install onto the website before the project starts. Font formats to be provided to us include .TT, .OTF, .TTF and .EOT. If Client wishes to change the font type after the project has already started, changing it will incur ADDITIONAL COSTS as described below.
4. AHMAD OURO-AKONDO – AOACREATIVE RESPONSIBILITIES
Ahmad Ouro-Akondo – AOACREATIVE shall use all reasonable efforts pertaining to this agreement to meet all Deliverables listed in Scope of Work, Unique Specifications Document, whichever is used to present CLIENT Project requirements to Ahmad Ouro-Akondo – AOACREATIVE. Ahmad Ouro-Akondo – AOACREATIVE will provide the Services identified in the Agreement in a professional and workmanlike manner.
PROJECT TIME FRAME:
The Time Frame is as specified in the Proposal, Scope of Work, or Quote provided to CLIENT. The estimated time frame written in the CLIENT’S Proposal, Scope of Work or Quote is governed by this agreement.
AHMAD OURO-AKONDO – AOACREATIVE DELAYS:
Ahmad Ouro-Akondo – AOACREATIVE shall use all reasonable efforts to meet the delivery schedule. Ahmad Ouro-Akondo – AOACREATIVE may extend the due date for any Deliverable by giving notice to CLIENT. If there is delay or failure in completion of the project due to improper communication from CLIENT, it cannot be attributed to Ahmad Ouro-Akondo – AOACREATIVE. There is no provision for compensation for the delay of delivery under any conditions, until and unless there is an agreement signed with a penalty clause for delay in delivery.
5. CLIENT RESPONSIBILITIES
CLIENT acknowledges that it is responsible for performing the following in a reasonable and timely manner: (a) Provide CLIENT Content in a form suitable for use in the Deliverables without further preparation by Ahmad Ouro-Akondo – AOACREATIVE, unless otherwise specified in the Project Proposal; (b) Proofread all Deliverables. CLIENT will be charged for correcting errors after the acceptance of any Deliverable;
CLIENT shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by CLIENT will result in a day-for-day extension of the due date for all Deliverables. If certain materials or content is needed from CLIENT to complete the Project and CLIENT delays the delivery of such content for fourteen (14) days, then Ahmad Ouro-Akondo – AOACREATIVE may terminate services or deliver Project AS IS and all monies paid will be retained by Ahmad Ouro-Akondo – AOACREATIVE and if applicable, an additional cost will be charged to the CLIENT for all work completed beyond what was already paid for.
Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of worship, labor disputes, riots, acts of war, terrorism and epidemics.
Either party may terminate this agreement at any time, on fourteen (14) days prior written notice if the other party breaches any of its material responsibilities or obligations under this Agreement and fails to cure that breach during that fourteen (14) day period.
In the event of termination, CLIENT shall pay Ahmad Ouro-Akondo – AOACREATIVE for the Services performed through the date of termination in the amount of a prorated portion of the fees due. CLIENT shall pay all Expenses, Fees, and Additional Costs incurred through the date of termination.
Parties agree to attempt to resolve any dispute by negotiation between the parties.
CLIENT agrees to pay any and all legal fees that was a result of any claim, lawsuit or dispute that CLIENT pursues, including lawyer fees, travel expense as a result of any lawsuit and all non-legal expenses that were as a result of any lawsuit or claim, regardless of the winning party.
7. CHANGES TO PROJECT SCOPE
If CLIENT wants to change the Scope of Work after acceptance of this Agreement, CLIENT shall send Ahmad Ouro-Akondo – AOACREATIVE a written Change Order describing the requested changes in detail. Within five (5) days of receiving a Change Order, Ahmad Ouro-Akondo – AOACREATIVE will respond with a statement proposing Ahmad Ouro-Akondo – AOACREATIVE’s availability, additional fees, changes to delivery dates, and any modification to the Terms and Conditions. Ahmad Ouro-Akondo – AOACREATIVE will evaluate each Change Order at its standard rate and charges.
If CLIENT requests are at or near 25 percent of the time required to produce Deliverables, or the value of the Scope of Services, Ahmad Ouro-Akondo – AOACREATIVE shall be entitled to submit a new and separate Proposal to CLIENT for written approval.
CLIENT will have five (5) days to respond in writing accepting or rejecting the new proposal. If CLIENT rejects the proposal, Ahmad Ouro-Akondo – AOACREATIVE will not be obligated to perform any services beyond those in the original Agreement.
8. ACCREDITATION AND PROMOTION
Ahmad Ouro-Akondo – AOACREATIVE shall be entitled to place accreditation, as a hyperlink and/or image or otherwise, in the form, size and location as incorporated by Ahmad Ouro-Akondo – AOACREATIVE in the Deliverables within the bottom footer of the Final Deliverables. In all cases, this is normally in the form of a small and almost non-visible hyper-link.
Ahmad Ouro-Akondo – AOACREATIVE retains the right to reproduce, publish and display the Deliverables in Ahmad Ouro-Akondo – AOACREATIVE’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.
Either party, subject to the others reasonable approval, may describe its role in the Project on its website and in other promotional and marketing materials, and, if not expressly objected to, include a link to the other party’s website.
9. CONFIDENTIAL INFORMATION
CLIENT’s “Confidential Information” includes information that Ahmad Ouro-Akondo – AOACREATIVE should reasonably believe to be confidential. Ahmad Ouro-Akondo – AOACREATIVE’s “Confidential Information” includes the source code of any Ahmad Ouro-Akondo – AOACREATIVE’s Tools. All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only be used as needed to perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure
CLIENT agrees to pay Ahmad Ouro-Akondo the fees listed in the project scope, including all taxes if applicable.
CLIENT agrees to follow the payment schedule by Ahmad Ouro-Akondo – AOACREATIVE.
Any non-invoiced services (not included in the Project Proposal/Scope of Work) that CLIENT requests as an addition to the original project scope will incur additional costs. Ahmad Ouro-Akondo – AOACREATIVE may choose to bill CLIENT at an hourly rate or provide a total estimate/quote.
REFUND & CANCELLATION
Please read our REFUND & CANCELLATION POLICY.
11. INDEMNIFICATION AND LIABILITY
CLIENT shall indemnify Ahmad Ouro-Akondo – AOACREATIVE from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party arising out of any breach of CLIENT’s responsibilities or obligations, representations or warranties under this Agreement. Ahmad Ouro-Akondo – AOACREATIVE shall promptly notify CLIENT in writing of any third party claim or suit. CLIENT shall have the right to fully control the defense and any settlement of such claim or suit.
BY AHMAD OURO-AKONDO – AOACREATIVE:
In the case of a third party lawsuit or proceeding based on a claim that Deliverables breach the third party’s intellectual property rights, and it is determined that such infringement has occurred, Ahmad Ouro-Akondo – AOACREATIVE may at its own expense, replace any infringing content with non-infringing content.
LIMITATION OF LIABILITY:
THE SERVICES AND THE WORK PRODUCT OF AHMAD OURO-AKONDO – AOACREATIVE ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF AHMAD OURO-AKONDO – AOACREATIVE, TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF AHMAD OURO-AKONDO – AOACREATIVE. IN NO EVENT SHALL AHMAD OURO-AKONDO – AOACREATIVE BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY AHMAD OURO-AKONDO – AOACREATIVE, EVEN IF AHMAD OURO-AKONDO – AOACREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.