These Terms & Conditions Apply To All Custom Work


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. 

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.

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.

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.

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.

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.

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.

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.

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.

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.

Refusal Of Service:
We reserve the right to refuse or cancel service to anyone at our sole discretion.

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, 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.

Exceptions To Our Terms:
Sorry, we are unable to make exceptions to any of the above policies.

Digital Beach Hawaii Terms May be Found Here