These Terms & Conditions Apply To All Custom Work


Payment:
For web design, 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 Digital Beach Hawaii.  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 Digital Beach Hawaii'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 Digital Beach Hawaii 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 Digital Beach Hawaii, then client accepts full and all responsibility for such cancellation and no moneys will be refunded under such circumstances.  By making payment to Digital Beach Hawaii, client accepts and agrees to these terms.  Digital Beach Hawaii 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 the web site 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 Digital Beach Hawaii in order to build the client's web site.  These materials include images, text and any other items that are to be placed into the site as 'content'.  The client understands and acknowledges that Digital Beach Hawaii may begin work before all of the clients materials are received, such as server setup, domain name setup, graphics, and basic navigational and site structural creation - but, the client's web site cannot be completed until all content oriented materials have been provided by the client.  Additionally, if all materials are not made available to Digital Beach Hawaii when work is started, materials that are presented at a later time could potentially result in the incurrence of additional fees.  It is the sole responsibility of the client to deliver content materials to Digital Beach Hawaii.  Digital Beach Hawaii will not, under any circumstances, incur or accept any responsibility for a web site that is not completed because materials were not provided by the client.  If content materials are not received by Digital Beach Hawaii, from the client, and if the client's web site is not completed  as a result of this situation, the client shall remain responsible for payment of the total agreed upon amount for the web site.

Custom Designed Web Site Ownership / Copyright:
Custom web sites are designed, built and made available to the client for unlimited use.  All custom web sites are the property of the client, once the web site has been completely paid for.  However, Digital Beach Hawaii holds copyright interests and ownership in elements, such as our "WebShop" dynamic engine, graphics, audio, video or software that is supplied by Digital Beach Hawaii; these elements, along with add-on components, such as the Channel One Hawaii shopping cart ("Happy Cart"), Hawaiian Name Translator, and Auction module are licensed to client for non-exclusive use on the client web site only.  Ownership and copyright interest in these components remain the sole property of Digital Beach Hawaii and may not be reproduced, modified, back engineered, resold, rented, leased, given away, copied or relocated to another web server without the written consent of Digital Beach Hawaii.

While a hosting contract is in effect for a specific term, with Digital Beach Hawaii, client may not, without written permission from Digital Beach Hawaii, reproduce or move the site to another server or service unless and until the entire hosting term has been paid for in full.  The site will only be made available to client if the required hosting payment or payments, in advance, have been made and are kept current. 

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.  Digital Beach Hawaii shall not be liable for any illegal use of copyrighted materials that are provided by client, and, without the knowledge of Digital Beach Hawaii, 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 Digital Beach Hawaii harmless of any all claims that might arise as a result of copyright violations.

Restricted And Unacceptable Uses:
Sites that are hosted through Digital Beach Hawaii hosting accounts shall not contain adult content (unless specifically authorized by Digital Beach Hawaii, in writing) and or illegal content of any kind.  Our hosting services have and actively enforce strict anti-spam policies - therefore, our hosting clients are not allowed to participate in these activities.  Also, Distribution of Illegal Software, Information, or Files - Sites that exist to transport, offer, or distribute illegal software or information ("warez" sites), are not allowed. NO HACKS, CRACKS, OR WAREZ....  You may not offer Software downloads or MP3 downloads from your site if it is hosted through a Digital Beach Hawaii hosting account, without specific written permission.  Any clients that are determined to be involved in any of these activities are subject to hosting account termination and no refunds of any kind will be made in these situations.

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 now 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 Channel One Hawaii, Digital Beach Hawaii, Channel One Media, Hawaii Digital Hosting, Island Music Webcasting LLC, Happyworks Software, harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Channel One Hawaii, Digital Beach Hawaii, Channel One Media, Hawaii Digital Hosting, Island Music Webcasting LLC, Happyworks Software, 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 Channel One Hawaii, Digital Beach Hawaii, Channel One Media, Hawaii Digital Hosting, Island Music Webcasting LLC, Happyworks Software against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Channel One Hawaii, Digital Beach Hawaii, Channel One Media, Hawaii Digital Hosting, Island Music Webcasting LLC, Happyworks Software; (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:
Channel One Hawaii, Digital Beach Hawaii, Channel One Media, Hawaii Digital Hosting, Island Music Webcasting LLC, Happyworks Software will not be responsible for any damages your business may suffer. Channel One Hawaii, Digital Beach Hawaii, Channel One Media, Hawaii Digital Hosting, Island Music Webcasting LLC, Happyworks Software makes no warranties of any kind, expressed or implied for services we provide. Channel One Hawaii, Digital Beach Hawaii, Channel One Media,  Hawaii Digital Hosting, Island Music Webcasting LLC, Happyworks Software 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 Channel One Hawaii, Digital Beach Hawaii, Channel One Media, Hawaii Digital Hosting, Island Music Webcasting LLC, Happyworks Software and its employees and associates.

Channel One Hawaii, Digital Beach Hawaii, Channel One Media, 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.