All Payments are non-refundable. If the scope of the project changes, and if any work is performed outside the scope of the project at Client’s request, it will be billed to the client at $35 per hour or more depending on the project. This includes any tech support or maintenance if required following the completion of the project. The Client shall not be entitled to have the access to the source code or website unless all pending dues are cleared in time.
Final payment due on the day the work is completed but no later than 5 weeks after the approval of this estimate if delay occurs caused by the client (Client is referred as anyone who uses pay now here on balianti to make the payment, either for a product or project)
The client shall assume responsibility for all collection for legal fees needed by default in payment. The client shall be responsible for making additional payments for changes requested by the client in original assignment. However, no additional payments shall be made for changes required to confirm to the original assignment description.
In event of cancellation of this assignment, ownership of all the copyrights and the original artwork shall be retained by the designer, and a cancellation fee for work completed, based on the contract price and expenses already incurred, shall be paid by the client (expenses occurred plus 20% cancellation fee).
Limitation of liability: Client agrees that it shall not hold the designer or his/her agents or employees liable for any incidental or consequential damages that arise from the designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Designer or a third party.
Any disputes in excess of $5000 (maximum limit for small claims court) arising out of this assignment shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney fees, and legal interest on any award of judgment in favor of the Designer. By making the first payment or signature shall execute these terms.
Balianti reserves the right to change these terms and conditions at any time at its sole discretion.