1. Payment: For
video, audio, multimedia production, graphics design, and
related types of work we require
that an initial payment of 60%
of the projected project cost be paid upfront - before
work begins. The balance is then due upon completion of
the project. In some cases, a larger initial payment may
be required in order to enable us to cover production costs or
protect against possible losses. Initial payments
and deposits are non-refundable, except at the sole
discretion of AjM Digital Media, once work has begun, regardless
of the amount of work that has been completed.
Some work may require a one time non
-refundable Setup Fee, payable in advance, before work
begins.
2. Hawaii
State Tax: Hawaii G.E.T. tax of 4.712% will
be charged to clients who are within Hawaii. This tax is not included in our price
lists.
3. Implied
Contract: In the event
that a signed contract is not executed, as particularly may be
the case with, but not limited to, orders submitted online and
clients that do not reside or have a place of business within
Hawaii, a contract shall be deemed to have been created and
entered into, as evidenced by the payment of fees to AjM Digital
Media. In such case, the terms that appear on this web
site shall apply and are considered to be the terms of the
contract - the client agrees to this procedure.
4. Refunds
& Cancellations: In
some cases, at AjM Digital Media's discretion, fees may be
refunded to a client in the event that a client is not happy
with our work, once the work has been completed - but we make no
promise to do so.
Unless AjM Digital Media determines that a refund is prudent, any
and all payments and deposits are non-refundable,
once work has begun, regardless of the amount of work that has
or has not been completed. If client decides to cancel a
project, once work has begun, for reasons that were not the
fault of AjM Digital Media, then client accepts full and all
responsibility for such cancellation and no moneys will be
refunded under such circumstances. By making payment to
AjM Digital Media, client accepts and agrees to these terms.
AjM Digital Media reserves the right to cancel a project at any
time, in the event that client does not fulfill the obligations
of the terms outlined on this page or on the proposal /
contract; this includes but is not limited to illegal or
unacceptable content, failure to provide materials necessary for
content creation and completion of work in a timely
manor, or failure to pay as agreed.
5. Client
Provided Materials For Content Production: It is the
responsibility of the client to provide the necessary materials
that are needed by
AjM Digital Media
in order to commence or complete production. These
materials include images, text, scripts, audio, video and any
other items that are to be used as 'content'. The client
understands and acknowledges that AjM DIgital Media may begin
work before all of the clients materials are received, but that the
client's work may not be able to be completed until all content oriented
materials have been provided by the client.
Additionally, if all materials are not made available to AjM
Digital Media when work is started, materials that are presented at
a later time could potentially result in the incurrence of
additional fees and delays in the work schedule. It is the sole responsibility of the
client to deliver content materials to AjM Digital Media.
AjM Digital Media will not, under any circumstances, incur or
accept any responsibility for work that is not completed
because materials were not provided by the client. If
content materials are not received by AjM Digital Media, from
the client, and if the client's work is not completed as a
result of this situation, the client shall remain responsible
for payment of the total agreed upon amount.
6. Content Ownership / Copyright: All custom
content shall become the property of the client, once work has
been completely paid for. However, AjM Digital Media may hold copyright interests
and ownership in elements, such as music or video clips provided
by AjM Digital Media, or software that is
supplied by AjM Digital Media; these elements are licensed to
client for non-exclusive use by the client only.
Ownership and copyright interest in these components remain the
sole property of AjM Digital Media and may not be reproduced,
modified, back engineered, resold, rented, leased, given away,
copied or re-sold without the written consent of AjM Digital
Media.
7. Copyright
Responsibility: It shall be
the sole responsibility of the client to ascertain that any and
all materials that are provided by client are either fully owned
and controlled by client, or that such materials have copyright
clearances and licenses as required by the owner of such
materials. AjM Digital Media shall not be liable for any
illegal use of copyrighted materials that are provided by
client, and, without the knowledge of AjM Digital Media, are
being used without legal and proper authorization. Client
agrees to assume all responsibility, legal and otherwise, for
such usage of copyright materials and to protect and hold AjM
Digital Media
harmless of any all claims that might arise as
a result of copyright violations.
8. Other
Conditions: Hosting and
streaming services are billed monthly or quarterly in advance, if client pays
online using a PayPal account. Quarterly payments are required, in advance, if payment is not
made online using PayPal.
On some projects, a credit check may be required before work can begin.
9. Credit
Card Payments
- PayPal: We
provide the ability for clients to pay using PayPal.
PayPal will accept credit card payments and payments from bank
accounts (electronic checks). If you use your checking account or credit card
to pay via PayPal, we do not require a credit check and will
allow monthly payments for hosting and streaming services.
10. Use Of Our Websites
- Abusive Use Of Our Email Addresses, Online Contact Us Forms,
and business telephone numbers and communications system: Through
the act of using this website, you agree to abide by and
completely accept the terms of use for this site, as specified
herein. YOU AGREE to NOT make use of ANY of our email
addresses, contact forms, or telephone numbers for ANY purpose,
other then to contact or correspond with us specifically
regarding services that we offer. Our email addresses,
email boxes, online contact us forms, and telephone and
communications systems are
intended for the use of our customers only, and for legitimate
business purposes in doing business with us. This DOES NOT
INCLUDE SPAM and or telemarketing / unauthorized solicitations. This section of our TOS applies to any email
addresses that belong to us, any and all online contact forms, which use any of our domains, and
telephone numbers which are wholly owned and copyrighted by us,
or paid for by us - this includes but
is not limited to the following: digitalbeachhawaii.com,
ajmdigitalmedia.com, paradisehomestaging.com, or any other site
owned and operated by Island Music Webcasting LLC, Honolulu,
Hawaii. This
TOS specifically includes but is not limited to our online
contact us form. Any emails or messages sent to us via any
of our email addresses or through the unauthorized use of our
online contact us form or telephone and communications systems,
WILL automatically result in a FEE being charged to the sender.
There will be no advance warning given to anyone who violates
this section of our TOS, other then this notice, here, which is
clearly posted on our website and available for viewing by the
general public. Our email boxes, addresses, contact us forms
and telephone numbers are paid for and belong to us,
and to no one else - they are not free to use in order to
send us unsolicited spam advertising, porn, spoof emails,
unauthorized solicitations, Etc.
DO NOT consider our email addresses and communications system to be your free vehicle to
send us unwanted and unsolicited emails in order to market or
try to sell us your services, products, or anything else that
you may be promoting - this type of material is NOT WANTED by
us! If you are not sending us something that is
specifically related to any of the services that we provide, you
are most likely in violation of this section of our TOS and will
thus will become liable to pay a FEE to us for unauthorized
usage. FEES will be charged for unauthorized usage of
our email addresses, our contact us forms and communications
system, and those fees
are as follows: First occurrence, $250. Second
occurrence, $450. Any additional occurrences beyond the
second, $1,000 per email or telemarketing call, or per message sent through our online
contact us form. Upon your first violation, you will be
sent a notice of violation and an invoice, which MUST be paid
in order to avoid collection and legal action to collect the FEEs due to us under this TOS. Additional violations will
be billed to you as well, along with additional notices of a TOS
violation. If you do not pay the fines within 30 days
of the time a violation and billing notice is sent to you, or if
your refusal to pay and comply with our TOS results in legal
action against you, you agree that you will pay ANY and ALL
legal fees that may be incurred, including all attorney fees and
court costs and fees, plus travel and any other expenses that
may result. You also agree to pay an additional FEE of
$5,000 per email or telemarketing call if we take
legal action against you and this fee will be included at the
time legal action is taken. If you use our email
address, telephone communications system or our website contact us forms for any purpose, other
then their intended purpose, which specifically DOES NOT
including sending us unsolicited spam or telephone solicitations, you agree to pay all
of the fees mentioned here, and in a timely manor (net 30
days from invoice generation), and you agree that you have no
basis for the denial of paying these fees to us. If you do
not read this TOS, your lack of doing so shall not constitute a defense
in a court of law since our TOS is clearly published and openly
available to the public. This website, and it's owners, have a
ZERO TOLERANCE policy with regard to spam and unsolicited
telemarketing and the abusive use of
the websites owned by us.
11. Indemnification: Customer
agrees that it shall defend, indemnify, save and hold AjM
Digital Media harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees
asserted against AjM Digital Media, its agents, its customers,
officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or any
product sold by customer, its agents, employees or assignees.
Customer agrees to defend, indemnify and hold harmless AjM
Digital Media against liabilities arising out of; (1) any injury
to person or property caused by any products sold or otherwise
distributed in connection with AjM Digital Media; (2) any material supplied by customer
infringing or allegedly infringing on the proprietary rights of
a third party and (3) copyright infringement.
12. Refusal
Of Service: We
reserve the right to refuse or cancel service to anyone at our sole
discretion.
13. Disclaimer: AjM Digital Media
will not be responsible for any damages your business may
suffer. AjM Digital Media makes no warranties of any kind,
expressed or implied for services we provide. AjM Digital Media disclaims any warranty or
merchantability or fitness for a particular purpose. This
includes loss of data resulting from delays, and any and all
service interruptions caused by AjM Digital Media, Hawaii Digital Hosting, Island Music Webcasting LLC, Happyworks Software and its
employees and associates.
AjM Digital Media, Channel One Hawaii,
Digital Beach Hawaii, Paradise Home Staging, Hawaii Digital Hosting,
Island Music Webcasting LLC, Happyworks
Software reserves the right to change and/or revise any of the
above mentioned terms and conditions without notice.
14. Exceptions
To Our Terms: Sorry, we are unable to make exceptions to
any of the above policies.
