FascinationDesign.com Standard Terms of Service (TOS): These terms can be overridden by info on your project sheet where applicable. Billing & Down-payment: When the estimated cost is $500 or less, the down-payment is 100% of the estimate. When the estimate is over $500, 50% of the estimated cost of the project is required as a down-payment before the project can begin. For larger/longer projects, clients may be billed monthly once time spent has exceeded the 50% down-payment. Remaining balance is due upon completion. Invoices are labeled with a NET 7 date as a convenience to allow for mailing time. Domain names & Hosting renewals are billed 30 days prior to their due date. Custom Billing Needs: Please contact us to arrange for a custom payment plan if your accounting situation necessitates different payment terms. Changes to payment terms must be approved by Fascination Design PRIOR to starting the project and will be added to the project sheet before signature. Payment Methods Accepted: Payments may be made by credit card via Paypal, money order or check. Make Checks payable to Fascination Design and mail to 4101 Tates Creek Centre Drive, PMB 167, Lexington, KY 40517. Payments via Paypal should be made to sales@fascinationdesign.com – please note the project or invoice number when making a payment. Late Fees: A late fee of 1.5% per month (18% per year) is charged on all past due balances. Partial payments are always welcome but remaining balances will continue to accrue interest. NSF (Non Sufficient Funds) Checks: a $35.00 fee will be added to the balance due for each NSF check written by clients. Late fees may also apply if a check comes back NSF. Cancellation: In the event of cancellation of a project, the remaining balance plus a 10% cancellation fee OR the remainder of the estimate (whichever is less) is due immediately. Changes: When changes to the project are made that may increase the cost of the project more than 2% of the original estimate, you will be provided with a Change Order form including estimated price that must be reviewed and signed before proceeding. Deadlines and Delays: Fascination Design’s ability to meet deadlines is based on the client providing all necessary information and approvals and payments in a timely manner. In the event of unexpected delays in the project, if the delays are no fault of Fascination Design, Fascination Design may invoice the client for work performed to date. When the client is solely responsible for delays and/or missed deadlines, Fascination Design will still require full payment for work performed. Failure by Fascination Design to meet deadlines through no fault of the client shall result in the obligation on the part of Fascination Design to reduce fees and/or costs if any. These costs may include, but are not limited to, late charges of printers and/or outside contractors. Jurisdiction and forum: The parties hereto agree that any suit, action or proceeding with respect to this Agreement may only be brought in or entered by, as the case may be, (a) the courts of the Commonwealth of Kentucky, sitting in Fayette County or (b) the United States District Court for the Eastern District of Kentucky, Lexington Division, and the parties hereby submit to the non-exclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding or judgment and waive any other preferential jurisdiction by reason of domicile. The parties hereby irrevocably waive any objection that they may now have or hereafter have to the laying of venue of any suit, action or proceeding arising out of or related to this Agreement brought in the courts of the commonwealth of Kentucky, sitting in Fayette County or the United States District Court for the Eastern District of Kentucky, Lexington Division, and also hereby irrevocably waive any claim that any such suit, action or proceeding brought in any one of the above-described courts has been brought in an inconvenient forum. In the Event of Breach: In the event of any litigation between the parties hereto resulting from the breach or violation of any provision of this Agreement, the party determined by the court to be entitled to recover its court costs, shall in addition be entitled to recover its reasonable attorneys' fees. Limited Liability: Fascination Design will not be held responsible for any misstatements or errors in artwork after final approval by the client. Client assumes all responsibilities of the designs and agrees that it shall not hold Fascination Design and or its agents and employees liable for any incidental or consequential damages which could arise from the final project design or delays. Also, by providing material to Fascination Design, client indicates that client owns all appropriate copyrights/publishing rights for those materials and releases Fascination Design and/or its agents and employees from any copyright infringement liabilities that may arise from use of those materials. Clients-only convenience services: Private Managed Domain Name Registration: Fascination Design is a value added reseller for domain name registration, we are not a registrar and use several companies for your registration needs. Domain names are registered in your company name (or your name) but due to spam, scams and telemarketing, we use Fascination Design's address, phone number and custom e-mail address for the domain names we register. Domain names are limited to availability. Your domain name is always yours, however we recommend that if you need direct access to your registration account that you purchase directly from a registrar such as godaddy.com or namecheap.com. Managed Hosting & E-mail: Fascination Design is a value added reseller for hosting. We do extensive research and purchase server space from other hosting companies with good reputations, reasonable prices, and fast connections to the internet. We make sure our servers are housed in climate controlled data centers with backup power systems, redundancy for data and proper emergency planning. If the quality of our hosting company does not keep up with the industry standard as time goes by, Fascination Design also has to ability to research, pick and move the hosting so that you don't have to worry about it (for those maintaining their own websites, blogs, CMSs or have e-commerce site, we would definitely discuss this with you before we take action.) Hosting and domain name management services are only available to clients that Fascination Design does design work for. These hosting packages were not set up or priced to handle tech support or requests from other designers, developers or marketers and are not offered to the public. These terms may change from time to time but Fascination Design will notify existing clients if such a change is made that would affect you or your account. Last changed on March 30, 2010