PAYMENTS
We accept Visa, MasterCard, Discover, American Express, PayPal and company checks made payable to Tracy Technologies.
PayPal securely processes self-service online payments at the following URL: https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=4R5MFZSBZ5S5C
If you have a PayPal account – login and pay. If you don’t have PayPal – pay with Visa, MasterCard, Discover, and American Express as a PayPal Guest!
If you would prefer to pay offline by credit card please call me directly or our Credit Card Authorization form can be downloaded here (URL: https://tracytechnologies.com/forms/Credit-Card-Authorization-Form.pdf) – completed Credit Card Authorization forms can be emailed to info@TracyTechnologies.com.
Please note charges from Tracy Technologies will now appear as TracyTech/TracyTechnologies on your credit card statements.
All fees are due in full upon receipt of invoice. Fees not paid within 20-days of the invoice date will be subject to a late fee of $25.00. Balances not paid within 45-days of the invoice date will be subject to additional fees and action. Any fees not paid will be subject to collections. All fees incurred to collect balances owed will be due by the Client.
No refunds or credits will be given in the event of early cancellation or modification to this agreement.
All sales are final.
Receipts for automatic payments charged to authorized credit cards on file are not sent automatically. Receipts are provided upon request.
COMPLETION DATE / WORK SCHEDULE
Client should be aware that failure to submit required/requested information or materials might cause subsequent delays in production. Client delays could result in significant delays in delivery of the finished product. Tracy Technologies is not responsible for such delays. Tracy Technologies agrees to respond to requests within 24-48 hours of the request with timeline for project(s) schedule for completion.
AUTHORIZATION
The Client authorizes Tracy Technologies to access the Client’s necessary account(s) to perform necessary maintenance required for performing custom service requests. Should the Client provide Tracy Technologies a credit card for payment, the Client authorizes Tracy Technologies to charge fees associated with this agreement outlined under PAYMENTS.
OWNERSHIP
The Client will retain ownership of all works that you make available to us for inclusion in the project including all content, data, artwork, photography and any other materials supplied by you. Tracy Technologies agrees to use your works only to complete your project.
Tracy Technologies may use some pieces of existing projects from our libraries to complete your project. We will retain ownership of these components. Subject to payment for work that has been completed by us for this project, we grant you a perpetual, worldwide, nonexclusive and non-transferable license to use, distribute, publicly perform, and display derivative works of any project that is incorporated by us in the project. The Client may not sell this project or a derivative work of this code.
COPYRIGHT & TRADEMARKS
The Client represents and guarantees to us that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to us for inclusion in your projects are owned by you or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend us and our agents, employees and subcontractors from any claim or suit arising from the use of such elements.
Tracy Technologies represents and guarantees that we have the right to provide you with any property included in the delivered project and that we will not infringe on any other party’s rights in performing the work requested by you.
Tracy Technologies retains the right to display graphics and other elements as examples of our work in respective portfolios.
INDEMNIFICATION
The Client agrees to defend, indemnify, save, and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with our work for you, excepting liabilities resulting from our negligence or willful acts. This includes liabilities asserted against us, our subcontractors, agents, clients, officers and employees that may arise or result from any service provided, performed, or agreed to be performed or any product sold by you, your agents, employees or assigns.
The Client also agrees to defend, indemnify, and hold us harmless against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over your web site. This includes infringing on the proprietary rights of a third party, copyright infringement and delivering and defective product or misinformation, which is detrimental to another person, organization, or business.
LAWS AFFECTING ELECTRONIC COMMERCE
The Client agrees that you are responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend us and our agents, employees, and subcontractors from any claim, suit, penalty, tax, or tariff arising from your use of Internet electronic commerce. The Client also understands that we cannot provide legal advice.
PUBLICATION
The Client may publish or disclose information regarding the project and shall acknowledge the support and design of Tracy Technologies. The Client will not use the name of Tracy Technologies, in any advertising or publicity without the prior written approval from Tracy Technologies.
WARRANTY
Tracy Technologies warrants the services under this scope of work in accordance with applicable professional standards. For any services performed under this scope of work, we will ensure that our employees are competent and capable of providing the contracted services of the kind and quality designated in this scope of work.
Tracy Technologies does not warrant the project will meet Client’s expectations of resulting business, uninterrupted and / or error-free. Tracy Technologies is not to be held responsible for occasional downtime due to instances beyond Tracy Technologies control.
CANCELLATION
Cancellation of the project at the request of either party must be made in writing. In the event that work is postponed or canceled by either party, we will immediately bill for work completed up to the date of postponement or cancellation. All cancellation requests require a minimum 30-day notice. In addition, should the Client initiate the cancellation prior to delivery of the completed project your deposit amount will not be credited or refunded. There is a minimum $100 cancellation fee depending on services cancelled and remaining term of agreement.
AGREEMENT
Both parties warrant that they have read and understand the terms set forth in this agreement. Both parties affirm that they will make a good faith effort to abide by the terms set forth herein. This agreement shall be governed and construed in accordance with the laws of the State of Nevada. In the event that any specific portion of this agreement is deemed legally unenforceable, the remaining portions are still considered valid to the maximum extent allowable by Nevada State law.
Tracy Technologies reserves the right to refuse service to anyone.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
LAST UPDATE 10-2021.
