Terms & Conditions

Our Terms & Conditions, Privacy Policy and more.

General Terms

Our Terms and Conditions apply to all products and services, between you, the “Subscriber”, and Play Technica. By becoming a subscriber, or working with us, Play Technica, you are forming a legally binding contract, and you agree to the following Terms and Conditions.

Quotes
  1. Depending on your project, Play Technica may propose milestone payments.
  2. All quotations sent to the client will be valid for the next 10 days from the date of initial quotation date. Any changes regarding the quote will require a new quotation made by Play Technica.
  3. For any additional work not quoted, or outside the original scope relating to the project, will be charged at an hourly rate. To know our hourly rate, please contact us.
Payments

1. We require a 50% non-refundable deposit prior to project commencement. When the deposit is received, Play Technica will start working on your project.

2. Invoice amount is required to be paid within 15 days of the date of invoice.

3. If subscriber were not able to pay the full invoice amount, Play Technica reserves the right to cancel the project and delete any project files kept on Play Technica servers and local file directory.

4. All work presented to you during the project are presented in draft format, and final payment is required prior to release of any final digital files, and account and training access.

5. International subscribers can pay via Paypal and are required to make full payment prior to any project commencement.

Copyright

1. Play Technica and its designers remains the copyright holder of the artwork (including any drafts and designs that had been rejected), unless there is an agreement to the contrary in writing.

2. Artwork cannot be modified without the permission of Play Technica.

3. Play Technica retains full rights to use completed projects and concept artwork for marketing purposes, unless there is a specified agreement between the subscriber and Play Technica.

Corrections & Revisions

1. The Subscriber is allowed up to two rounds of revision to their project included in all quotations. Any authorized corrections or amendments outside of the quotation or nominated two sets of revisions, are charged at an hourly rate.

2. Any mistakes, grammatical errors or misspelled words not picked up by the client prior to project commencement and during revisions will not be the responsibility of Play Technica.

3. Play Technica makes every effort to deliver concepts to suit the Subscriber’s brief. If the Subscriber is not happy with the concepts provided by Play Technica, and the amends do not fall within minor revisions to the project, the Subscriber can pay for further concepts to be developed or choose to not proceed, and pay for ‘work to date’.

Cancellations & Incomplete Projects

1. Payment is always required for any artwork or drafts that have been terminated on subscriber’s request at any stage of development prior to completion and an invoice will be issued as ‘work to date’.

2. In the event of a project cancellation, Play Technica retains ownership of all copyright and original artwork.

3. Any concepts, ideas or designs not chose by the Subscriber remain the property of Play Technica and may be offered to other Subscribers.

4. Play Technica reserves the right to cancel any projects deemed unfit with Play Technica’s vision, and due to project delays caused by subscriber.

Quote Terms

Prices valid for 10 days from date on your quote issued.

Non Disclosure
You agree to never share any of Play Technica’s concepts, art, or work with any outside designers, businesses, or agencies. This includes, but is not limited to, design concepts, sketches, electronic proofs, photography and copywriting.
Labor & Hourly Rate

This serves as an estimate of the time and labor required to complete your project. Throughout the development of the project, you will be notified regarding the total number of hours spent on the project by giving you a report at 50%, 75%, and 100% of the estimated hours quoted. Any labor required over the quoted amount and all communications, travel, or meetings will be billed at the hourly rate.

We reserve the right to renegotiated the contract should the project go over the allotted time we’ve outlined above. This contract is a rough estimated, and if “project creep” occurs, we have the right to fairly renegotiate the contract and its terms.

Copyright

All designs, original artwork, electronic proofs, print-ready PDFs, copywriting, and all other files created by Play Technica are protected by Federal Copyright Laws and may not be reproduced, manipulated, re-worked for other purposes, edited, submitted to any contests, or shared in any manner without our explicitly written permission.

We retain the right to make reproductions for our portfolio, samples, self-promotion, professional competition and review, and website even if the artwork release has been purchased.

Website Development

All websites designed and/or developed by Play Technica can include a text “Website by Play Technica” noted on the footer with a link to our website for a percentage off the total cost of the project.

We may also provide a link to your website in our Portfolio or any part of our website for marketing and sampling purposes. While all website design and development is done by Play Technica, in rare circumstances, other development services may be delegated to another firm or independent contractor.

In such a case, you agree not to hire, delegate, engage, employ, retain, secure the services of, contract with, or enlist the services of the firm or independent contractor for a period of two years following the date of project completion or cancellation.

Cancellation Fees

All projects and subscriptions are subject to cancellation fees, which is 100% design fee if any work has been done; 100% design plus 20% of the total printing price if the job has been sent to print but not yet printed; 100% of the invoice amount if the job has already printed.

Jobs placed on hold for over 30 days will be considered cancelled and cancellation fees will apply. If you choose to reopen the project within 30 days from the invoice date showing cancellation, the applicable fees will be credited to the completion of your reopened projects.

Sales Tax
Play Technica will not charge sales tax to any of our subscribers.
Payments & Late Fees

Final payment must be received by Play Technica within 15 days of the invoice date. A late fee of $100 or 1% of total invoice amount (whichever is greater) will be applied on the first day of each week past 30 days from invoice date.

After 60 days of non-payment, the invoice will be forwarded to a collections agency, which will report the debt to creditors.

Refund Policy
All sales are final. No monetary refunds will be issued, however monthly credits defined by Play Technica will be offered for any over payments due to a change of initial project scope.
Indemnification

You agree to indemnify, defend and hold harmless Play Technica, any outside contractors, affiliates, agents, partners and suppliers from any liability, loss, claim, demand and expense (included attorney’s fees) related to any artwork or programming that you supply or approve.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will cooperate with us to the fullest possible extent.

Right of Withdrawal

Play Technica’s discovery of new information, changes, or other factors tending to circumvent our policies could result in our withdrawal. Non-cooperation; multiple missed appointments; bad or returned checks, or late payments are examples of contribution factors.

Should Play Technica initiate the withdrawal, all fees and payments will be returned, excepting fair market value for all services and or products already provided. In case of withdrawal, the hourly rate is billed for all design, development, and copywriting services already provided, rounded up to the nearest hour.

Arbitration

You agree that any dispute or controversy arising out of relating to any interpretation, construction, performance, or breach of this agreement will be settled by arbitration to be held in the sate of California, in accordance with the rules then in effect of the American Arbitration Association.

The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgement may be entered on the arbitrator’s decision in any court of competent jurisdiction.

The person signing as Subscriber below or their Company and Play Technica will each pay one-half of the costs and expenses of such arbitration, and each will separately pay its respective counsel fees and expenses.

Entire Agreement

By signing this agreement, agreeing to a quote, or approving a job from Play Technica, you acknowledge that you have carefully read, understand and fully agree to the terms and conditions. Any details not included in writing in this agreement are not binding upon either party.

Should the details of this agreement be contested and resulted in arbitration or litigation, the prevailing party is entitled to recovery of all reasonable legal expenses. The person signing as Subscriber will be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. The laws of the state of Califonia will govern this agreement and courts of California will have jurisdiction.

Statement of Support

How our Support, Ticketing System, Help Center and other modes of Support works.

General

Support requested by any subscribers of any plans and packages, and custom development and design projects submitted are subjected to our Privacy Policy. We respect each and everyone’s privacy and will not share your information to any third-party personnel, unless they have a need to know.

Help Center

Our Help Center is designed to complement our support hours, which is from 9 am to 5 pm PST, from Mondays to Fridays. Our Help Center will cover topics that are commonly needed by the majority of our subscribers.

We will update any outdated Help Center guides to help current and new subscribers to properly manage their website and any additional website modules that they wished to have.

Not Supported

While we try to cover everything possible on our Help Center, we are not responsible for providing additional support for the following. However, if you really require assistance for these, you will receive an invoice prior to us solving your problem.

– Any client, script, application and/or content used by you or anyone that’s not a member of our team.

– Unauthorized control panel, plugins, and add-ons.

– Customer customization of websites after project hand-off.

– Third party SSL certificate not installed and configured by Play Technica.

– Internet training.

– SEO settings.

– Custom DNS settings & zone files.

– Any third party services.

– Any root level server configuration.

– Email client configuration.

– FTP client configuration.

– Third party domain registrations.

– Private nameservers.

– Cross browser compatibility after project hand-off.

– Hacks happening after project hand-off.

Other Support Methods

We handle support using the following, as a subscriber, we recommend you to use the following methods based on the urgency of your request:

Contact Form, Ticket Support, Email: Response within 24-48 hours (for any support, billing, sales and general issues)

Phone & SMS: Response will change accordingly, our fastest response time is within 30 seconds. While we like to handle support requests using this support method, we recommend you not to, as we reserve this for any instances that you may need urgent response (aka your site got hacked, you can’t access your website because there’s no way for you to retrieve it, etc).

Support Hours

If you wish to contact our support team, simply e-mail us or use our contact form on our website. This is the best and preferred method of contact. Anything outside this can not guarantee our timely response. We will try to respond within 24-48 hours to any support request.

Real time response time rate: you’ll get a response within 30 minutes.

We’re always open (except during holidays) during this scheduled hours: Monday – Friday: 0900 AM – 0500 PM PST.

If there’s any situation that requires immediate attention, please call us at +1 628 400 7483.

Privacy Policy

Use of Cookies, other Privacy Policies not included above, etc.

Outline of Privacy Policy

You privacy is important to us. Accordingly, we have this Policy placed in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our Privacy Policy.Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use your personal information solely with the objecting of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means, and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against the loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.
  • We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Cookies

Play Technica use cookies to store information about visitor preferences, record specific information on which pages the user access or visit, customize web page content based on visitor’s browser type or information that the visitor sends via their web browser. If you wish to disable cookies, you may do so through your browser option.

Opt-Out

If you wish to opt-out or unsubscribe from receiving any future communication, please send us an email.

Affiliations

Play Technica is an FBN and a branch organization of CWFA, a California nonprofit corporation with a 501(c)3 tax-exempt status with the IRS. We treat all subscribers of Play Technica as associate members, and all their financial contributions as membership fees, dues and assessments.

Correspondence

Play Technica

24438 Santa Clara St Suite 57102

Hayward, CA 9455

Need more info? Let’s talk!

Please write us an email at hello@playtechnica.co or call us on +1 628 400 7483

playtechnica

We help your business get more sales and attract more customers by improving your marketing strategy and website design.

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