The Firm - Quantum Division | Full Service Ad Agency | Los Angeles, CA

Terms and Conditions of Service

You agree to the terms and conditions below:

PAYMENT 

Payment for the Project and services provided hereby shall be made in accordance with the conditions contained in their contract based upon mutual agreement concerning the scope of work, schedule, budget, and responsibilities between the Client and Quantum.  Notwithstanding any prices estimated and/or quoted by a Quantum representative or listed in literature or on Web pages, the Client and Quantum shall agree that the services described in their particular contract shall be rendered and completed for an agreed-upon fee, subject to a twenty-five (25) percent contingency.  Client agrees to pay an initial, non-refundable deposit of fifty (50) percent of the estimated total budget, due upon agreement to the contract and prior to the commencement of work.  Additionally, the Client agrees to reimburse Quantum for any and all payments made to third parties by Quantum on behalf of the Client and/or in furtherance of the Project.  Upon Project completion, Quantum will then issue one invoice for payment equal to 100 percent of the fees of the Project as outlined above, less payment(s) received.  Quantum accepts payment(s) via credit card, bank wire, and PayPal.  Payment(s) may be made online here. 

RETAINER PROGRAM

Effective January 2011: Retainer Clients (Proposals over $ 3,000) must choose a Retainer Program, per Project, for hours of consultation, support, updates, revisions, and changes regarding their Project.  The Retainer Program must be elected prior to commencement of work. (If no Program is selected the Client will automatically be billed and signed up for the Bronze Retainer Program

Programs offered are as follows:

Additional hours of updates, revisions, and changes shall be billed at a rate of $65 per hour, and consultation and phone/email and onsite support at a rate of $100 per hour.  Retainer Programs shall be invoiced with the initial, non-refundable deposit and shall be due upon agreement to the contract and prior to the commencement of work for new Projects.  For ongoing projects, Retainer Programs shall be invoiced monthly or annually and shall be due prior to any additional hours of consulting, support, updates, revisions, and changes are spent.  Non-payment of the elected Retainer Program invoice(s) shall be subject to delays in design, development, and programming work, termination of the Client, removal of the Project, and/or re-appropriation and/or use by Quantum at its sole discretion.  Hours not used within thirty (60) days shall be considered forfeited.

PAST DUE ACCOUNTS

Any portion of a Project considered to be “ongoing,” including, but not limited to, site maintenance, software updates, tutorials, additional customer support and/or consultation, and hosting, shall be invoiced as needed by Quantum, for which the above terms and fees shall apply.  Non-payment, incomplete payment, and/or late payment of ongoing activities may result in termination of the Client, removal of the Project, and/or re-appropriation by Quantum of any and all materials and designs created for the Project.

All invoices shall be due upon receipt.  Invoices over thirty (30) days past due shall be subject to a incurring a late fee of three (3) percent of the total project cost.  A five (5) percent late fee shall be incurred each subsequent thirty (30) day period during which the invoice remains past due.  

Invoices over thirty (30) days past due shall be subject to termination of the Client, removal of the Project, and/or re-appropriation and/or use by Quantum at its sole discretion.

CANCELLATION OR PROJECT HOLDS

Should the Project become cancelled, either at the request of the Client or as a result of the Project being placed on hold for a time period exceeding two (2) months, the Client agrees to pay the full fee(s) of any completed and/or in-progress stage(s) and/or phase(s)of this Project as outlined above.  This is in addition to the initial non-refundable deposit of fifty (50) percent of the estimated total budget.

Should any phase or stage of the Project be placed on hold for a time period exceeding one (1) month, Quantum reserves the right to increase the agreed-upon Project fee by thirty (30) percent.  Should any phase or stage of the Project be placed on hold for a time period exceeding two (2) months, the Project shall be considered cancelled and the above cancellation fees will apply.

Cancellation or Project holds may result in Quantum’s retention of control, removal of the Project, and/or re-appropriation of any and all materials and designs created for the Project.  Completion of the Project and full payment for any and all fees and expenses is necessary for any assignment of rights to the Client for full use of any in-progress or completed materials.

CHANGES OR REVISIONS

Any and all work, presentations, and/or revisions requested by the Client in addition to or beyond the above-outlined conditions of the scope of work in this proposal and/or the Client’s Retainer Program shall be negotiated as an add-on billing, separate proposal/agreement and/or Change Order.  Should the Client request any such changes and/or revisions, Quantum shall issue the add-on billing, separate proposal/agreement and/or Change Order and advise of additional and/or revised fees.  This separate add-on billing, proposal/agreement and/or Change Order must be approved and/or signed prior to any additional work on the Project being commenced.

PROJECT USE

All services rendered and completed by Quantum under the agreement shall be for the exclusive use of the Client, other than for the promotional use of Quantum and the Designer, provided that Quantum has received full payment for any and all fees and expenses, including, but not limited to, add-on billing, third-party expenses, and/or Change Orders.   Upon receipt of payment, in full, the Client shall be assigned the rights to use all final materials for the intended purpose as stated in the agreement.  In the event of non-payment, incomplete payment, or late payment, Quantum reserves the rights to any and all materials and designs created for the Project for Quantum’s unlimited use.  Completion of the Project and full payment for any and all fees and expenses is necessary for any assignment of rights to the Client for full use of any in-progress or completed materials. The materials and designs produced for the Project shall be intended for Client purposes and products only, in accordance with the conditions as agreed upon in the proposal.  Quantum shall be credited for all materials and designs as outlined above in this agreement.  All Online Projects shall include a link to Quantum, work has been discounted by $ 500 - should yoou wish to have this removed, you will be billed for the $ 500.   Quantum reserves the right to use any and all in-progress and/or final materials and designs for our showcase, self-publicity, including but not limited to press, marketing, competitions, and awards. 

TRANSFER OF SITE

All services rendered and completed by Quantum will be done on Quantum servers and will be transferred to the clients server once the services have been paid for in full. A backup copy will be kept for 30 days to ensure the transferred site functions properly. Client is responsible for providing CPanel access to a compatible server for all transfers. Domain and Site transfers fees vary, please consult with your account manager for more details.

HOSTING FOR WEBSITES

The Client shall provide hosting. For hosting specifications, please see VPS Server + CPanel. Some websites will require additional installation and configuration time which shall be billed at an hourly rate of $80 per hour. Quantum offers hosting solutions! For more details, see Hosting Information. 

Should Quantum host a site for more than 30 days, client will be charged for hosting setup and hosting fees. Fees are due within 30 days or the account may be suspended and the project terminated.

PLEASE NOTE

The fees and/or conditions outlined in a proposal are valid for seven (7) days.  If after seven (7) days the agreement has not been signed, any fees and/or conditions may be subject to revision at the sole discretion of Quantum.

*The Terms and Conditions of Service as outlined above are subject to change at any time.  The Client has the sole responsibility to stay apprised of any changes and/or revisions, including insertions, alterations, or deletions.  Our most current Terms and Conditions may be viewable online at qgint.com.  For our most current rates, and to begin your unique Project, please contact Quantum.

This web site may link or refer to other web sites, and other web sites may link to this site. Links to web sites outside of this site do not imply endorsement or approval of those sites or the information they contain. The links on this site to other web sites are provided solely as a convenience to users of this site. Quantum is not responsible for the accuracy of the information, the content, or the policies of such sites, and shall not be liable for any damages or injury arising from the content or use of those sites.

This web site may refer to organizations, businesses, and other resources available through government, nonprofit, and commercial entities. Referrals to such entities are provided solely for informational and educational purposes and as a convenience to the user. A referral to a product or service on this web site should not be considered an endorsement or recommendation of that product or service. Quantum shall not be liable for any damages or injury arising from the use of or connection with such products, services, or entities.

These terms will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Los Angeles, CALIFORNIA, and each party irrevocably consents to the jurisdiction of such courts. Neither party may assign this Agreement, by operation of law or otherwise, without our prior written consent of the other party. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. A failure by either party to enforce the strict performance of any provision of this Agreement will not constitute a waiver of said party’s right to subsequently enforce such provision or any other provision of this agreement.

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