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n one hand, The contractor, Tonystam LLC (hereinafter Tonystam), with EIN number 36-4985569 and address in 8 The Green, Suite A. Dover, DE 19001, United States. On the other hand, The Customer, natural or legal person (hereinafter the Client), whom establishes a commercial activity with Tonystam through these specific conditions. The contractor knows, understands and freely accepts these Terms. Both sides, Tonystam and The Customer, are interested in complying with these Conditions accepting the terms and conditions set in the following:
- Tonystam: company dedicated to the provision of IT services, specialized in web design and hosting.
- Customer: any natural or legal person requesting to Tonystam the design of a web page, through its URL www.tonystam.com, by email or by physical means as listed as one of the contracting parties.
- Contractual conditions: single and binding agreement for the parties, formed by the clauses contained in these Terms of Service and by the specific conditions for the product or service.
- General Conditions of Service (GCS): A set of clauses that governs the services offered by Tonystam and posted at the botom of https://www.tonystam.com
- Specific Conditions (SC): clauses contained herein, independently for each product or service, collecting its features and conditions, available at the bottom of the site https://www.tonystam.com/
- Resources and Applications: These are the technical features and software for the proper functioning of designs, layouts and software.
- Servers: computer equipment owned or used by Tonystam where databases and webistes are stored or hosted.
2.1 These Specific Conditions are intended to regulate the circumstances in which the client hires the design of web pages or layout services.
2.2 These Specific Conditions (SC) constitute, together with the General Conditions of Service (hereinafter GCS), the contractual conditions governing the client's relationship with Tonystam, replacing all previous agreements, whether oral or written, in relation to the object thereof. In case of contradiction between these Specific Conditions and the GCS, will prevail the first set.
2.3 Contractual Conditions. Together with any additional information about the product or services contracted by the client, Contractual Conditions are published on the website of Tonystam (http://www.tonystam.com) and constitute a unitary agreement which obliges the parties.
3.1 Tonystam is committed to the development and layout of the contracted web design, whose essential characteristics are as follows: - Development based on the number of pages and contracted tools, with the possibility to hire new pages and additional tools in the development of the project (additional work, pages and tools paid separately).
3.2 Each page will include a maximum of three screenshots and six images.
3.3 The images and additional screenshots will be charged separately based on prevailing rates in the contract.
3.4 The Design Process differentiate three phases:
a) Project information and resources collectiong
B) Template creation
D) Project approval and publication.
3.5 Inserted at the end of some pages can be found a small, unobtrusive legend "Created by Tonystam" linked to our main website.
3.6 The design will be made for a proper implementation in the Google Chrome browser, we can not guarantee compatibility with other browsers.
3.7 The design will be made for the correct execution in a normal PC and wont be prepared for the correct visualization in mobile devices, unless the budget indicates so.
3.8 The design will include two (2) subsequent amendments, after which the client must pay additional modifications separately based on current contract rates.
4.1 The Client undertakes to provide all necessary resources for proper development of the project in less than 30 days from the signing of the contract.
4.2 Tonystam may not be liable for any delay or breach of this contract by fault or cause of the Client of its obligations, either by action or omission.
4.3 The Client agrees not to use the spaces and tools provided by Tonystam to perform or suggest acts prohibited by morality or law, or to violate the rights of intellectual property of others or Tonystam activities. Tonystam is keeping harmless against claims, judicial or extrajudicial, brought against it as a result of such conduct.
4.4 The Client agrees that all the material used, have property rights for use, leaving Tonystam harmless against claims, judicial or extrajudicial, brought against it as a result of such conduct.
4.5 The Client exempts Tonystam of responsibility for all grammarians, spelling, graphics and editing mistakes on all the material supplied. We strongly recommend to the Client to provide quality material. Corrections and additional issues will be charged separately.
5.1 This contract does not constitute granting of any right of industrial or intellectual property, so that the Employer shall retain all rights to the elements provided for the proper provision of contracted services and Tonystam their rights on the layout, design and software applied to such effect. In any case, the parties ensure that hold title to the elements of intellectual of those who make use of this contract, or are authorized for use for this purpose property, keeping respectively harmless regarding possible claims of third parties arising from its use.
5.2 In the event of a custom made website service, the Employer agrees that the intellectual and rights holders of the source code of such systems property are owned by Tonystam, and The Client is paying a price just for the right to use such a system, by paying the monthly maintenance plans.
5.3 It is owned by The Client any textual information or images displayed through the browser and avaliable to save in a computer. This does not include, in the case of custom websites, programmed coding by Tonystam.
5.4 Upon completion of the project will be given to contracting, optionally, a backup of the completed project. This request relays on the Employer's obligation.
6.1 For the activation of the contract and the start of service, it must be paid in advance a percentage of the agreed budget, depending on the number of pages and contracted utilities. This percentage is set in the Terms of Service.
6.2 Once completed the design and before publication in the domain, The Client must pay the entire bill amount, discounting the percentage paid in advance.
6.3 For any incident experienced in the collection of the service and / or non-payment pending resolution of the same, Tonystam reserves the right to not publish or deliver the design.
6.4 Additional languages will be charged according to a separate fee. None of the prices include translation of the site content.
6.5 Additional pages will be charged 75 € (+ VAT)
7.1 The client must request the withdrawal of contract design within seven (7) calendar days and return of the amount concerned, unless already have begun work on design and layout of the initial sketch, in which case it shall not be entitled to refund any money.
8.1 The SC will end when, in addition to the causes legally established and arranged in the various clauses of these conditions, any of the following:
Mutual agreement of the parties.
Resolution for breach of any of the parties of the obligations under this Specific Conditions.
9.1 If, additionaly, more custom/developed functionalities (not related to design but to development) are added to the contracted works, these will be specified separately and will be governed by the development conditions located at the bottom of this page.
10.1 As a general rule, the warranty period for design and development work is set at 6 months. This period will begin to count at the time the work has been completed, errors have been corrected and the client has agreed to the result.
Specifically, this guarantee will not be valid and will be void if any of the following assumptions occur:
- A third party, unrelated to Tonystam, accesses the administration interface, edits or manipulates the code of the site / application.
- Faults not blameable to Tonystam such as crashes or technical failures of non Tonystam servers.
- Fortuitous event or force majeure.
In the EU you have the right to return purchases made online or through other types of distance selling, such as by phone, mail order or from a door-to-door salesperson, within 14 days for a full refund.
However, the 14-day cooling off period does not apply to all purchases. Some of the exemptions are:
- Goods made to order or clearly personalised – such as a tailor-made suit
- Sealed audio, video or computer software, such as DVDs, which you have unsealed upon receipt.
- Online digital content, if you have already started downloading or streaming it and you agreed that you would lose your right of withdrawal by starting the performance.
- Urgent repairs and maintenance contracts.
