1. MC DEVELOPMENT/DESIGN SERVICES: CUSTOMER agrees to hire MOORE CREATIVE as an independent contractor providing the services set forth above on a time and materials basis. The services may be amended by CUSTOMER from time to time during the term of this agreement. MOORE CREATIVE shall, using reasonable care and skill, use its best efforts to perform the services in the time period jointly set by CUSTOMER and MOORE CREATIVE.
2. THIRD PARTY SERVICES: PEAK 10 HOSTING, INTERMEDIA HOSTING, NTARGET EMAIL MARKETING, and other website / email related services may provide CUSTOMER resources necessary for the successful operation of CUSTOMER's systems as defined by needs and incorporation during project development. These parties will bill the CUSTOMER directly for these services.
3. SITE CONTENT: Moore Creative reserves the right to refuse to publish any material that may be illegal, obscene, copyrighted by others, or politically controversial.
4. PAYMENT TERMS: CUSTOMER shall be bound by the pricing structure as described in this agreement. CUSTOMER shall pay all invoices for design and development services provided by MOORE within 30 days of invoice date. All unpaid invoices shall bear interest at an amount equal to 1-1/2% of the outstanding balance per month, commencing upon the date payment is due. In the event the sales invoice shall be placed in the hands of an attorney for the purpose of collection, with or without litigation, or for the purpose of enforcing their security interest in the Products, CUSTOMER agrees to pay any and all costs associated with such placement, including, but not limited to, attorney’s fees and costs incurred prior to, during, or subsequent to trial, and including, without limitation, collection, bankruptcy, or other creditor’s rights proceedings. The grant of any license or right of copyright is conditioned on receipt of full payment.
5. ADDITIONAL FEES IF APPLICABLE:
6. RUSH WORK: Moore Creative reserves the right to assign additional fees to jobs that is classified as rush. Information regarding rush status will be provided at the time a job is opened, or RUSH work is performed and if incurred by client–related delays, deadlines or otherwise rush-creating emergencies.
7. MISCELLANEOUS: Items too important to leave out, but have not been mentioned yet:
8. TERM OF AGREEMENT: Estimate terms and hourly rates of this proposal are for one year and shall automatically be renewed for successive one year periods, unless terminated by either party as provided herein. Client’s approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 15% or more.
9. INVOICE PAYMENT TERMS: Invoice Terms: NET 30 days. Past-due invoices are subject to a charge of 1.5% interest per month in addition to expenses incidental to a collection, including attorney’s fees. Please remit payment to: Moore Creative, 9820 Northcross Center Court, Huntersville, NC 28078 704.896.6057. Additionally, you may also review invoices online and pay them through our account with FreshBooks, https://moorecreative-billing.freshbooks.com
We care about you as a customer and will make every effort to work with you if you need to return or exchange an item. If you have any questions about our policies please contact us and we'll be happy to assist.
DO YOU NEED TO ARRANGE A RETURN? If you need to return a product to us for any of the reasons specified in and covered by our policies please contact our service department at (602) 437-6948 to arrange the return. Once your return authorization order has been submitted you may send your item(s) back to the address indicated on the invoice. Please include the new return invoice number in your package for tracking purposes. Thank you and take care. INCORRECT ITEMS If you receive an incorrect item in any order due to an error on our part we will replace it without additional charge. Please contact us within 10-days of receipt of incorrect items to arrange replacement. DEFECTIVE OR DAMAGED ITEMS & WARRANTIES All of the items we sell are guaranteed to be in full working order when you receive them. In addition many of the products we sell are covered by standard manufacturer's warranties. If an item you purchase is damaged during shipment you may return it for replacement with the exact same item. Please contact us within 10-days of receipt to arrange replacement. Warranty periods vary from product to product and manufacturer to manufacturer. In general the standard warranty period on replacement parts is 90-days to 1-year, and in some cases the warranty period can be 2-years or more. If you are unsure of what warranty is offered on the product you are purchasing please let us know and we'll be happy to provide the information. If you purchase an item and find that it is defective within the warranty period we will gladly repair or replace it based on the manufacturer's policies. To arrange a warranty repair or replacement please contact us using the information at the top of this page. Shipping charges may apply on select warranty replacements. MISTAKEN OR UNWANTED ITEMS If you placed an order by mistake or would like to return an item for any reason you may do so within 30-days of purchase as long as the manufacturer's packaging has not been opened and the item is returned in saleable condition. Once your item has been received at our offices, inspected and approved for return you will receive credit for the original purchase price, minus a 15% restocking fee. Shipping costs are not refundable.
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