MicroApplications, Inc.

Terms of Service

MicroApplications.com is the authorized domain for MicroApplications, Inc., a Florida based corporation established in 1985, hereinafter referred to as "MAI". All services provided by "MAI" are subject to the following terms and conditions. By using this website and /or hiring us to work on your project, you are agreeing to the Terms of Service as outlined here.

Charges & Fees:
We generally require a 25-33% deposit in order to begin work on any project, with the remaining balance due within 30 days of final delivery. Depending on your credit history, we may require advance payment throughout a project. We utilize Net 15 invoicing. If payment is not received within 30 days, a monthly accrual fee of 5% will be added each month. Any check payments that do not clear will be charged a $100 fee. Our billing cycle is the 1st of the month to the 15th of the month and the 15th of the month to the end of that month. Invoices are due 15 calendar days after invoice date. A late fee of 5% will be added if payment has not been received by the 30th calendar day after invoice.

Non-Payment:
Excessively late or non-payment of invoices may result in the initiation of collection activity or seeking of legal remedies, affecting your credit score and financial reputation. All additional fees will be added to your net due in this case. Under certain circumstances, including delinquency in excess of 90 days, we may terminate any live service we provide or support. At a minimum, all warranties will be suspended, and no additional work will be performed until such time as your account is brought up to date.

Termination:
The client account can be terminated by the client with a thirty (30) days’ written notice delivered by certified postal mail, or terminated by "MAI" at anytime without notice if the client fails to abide by the Terms of Service, including failure to pay amounts when due. Hosting fees that we may process for you are non-refundable. MicroApplications, Inc. reserves the right to terminate an account for other documented reasons with a thirty (30) written notice.

Hours of Operation:
Our normal business hours are Monday through Friday from 9am till 6pm. After hours service may be charged at a premium rate.

Refunds:
Please submit termination of service to us in writing. Should you request a termination of service after we have begun the process of creating your project, part or all of your deposit will be held as a termination fee. The amount of the refund will depend on the number of actual work hours put into the development of your project at current rates. Should the amount of time put into your project be greater than the deposit you have paid to "MAI", you will be billed for the difference. In the event of a cancellation of contract or non-payment of outstanding invoices, ownership of all source code, artwork, layouts, and any other development artifacts not previously attributable will remain copyrighted to MicroApplications, Inc. and will not be transferred to the client without additional payment.

Development & Delivery:
"MAI" works very hard to complete all projects in a timely manner. We will provide you with an estimated time of delivery for your project. However, we do not guarantee deadlines as each project is unique and so is each customer. We will communicate with you during the entire development of your project and provide you with status updates. Please understand that additional services, revisions to design or development of your site and delays in providing us with the information we require will significately add to the delivery time.

Non-Communication:
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.

Our Guarantee to You:
"MAI" guarantees to you that every custom software project, website, CMS, or eCommerce store we develop will be fully operational and working without glitches, bugs, or other errors upon delivery. We will fix any such errors at our cost. If your project's source code has been edited by anyone other than an employee of "MAI" without prior written agreement, this guarantee is voided, and charges for editing the project will be applied at our then current hourly rates. Once in production, we will always advise you of, and seek permission for, changes to your project and the charges that will be applied before any work is completed.

Project Consideration:
Please note that "MAI" is a family owned and operated company. Therefore, we will not accept projects that we find morally questionable, unethical, or distasteful. Projects that require viewers to be 18 or older will not be accepted.

Notice:
These Terms of Service, as well as any Contract or Agreement thereto, shall be governed by and construed in accordance with the laws of the State of Florida. Exclusive jurisdiction and venue is as governed in the district court of Orange County, Florida.

Acceptance:
Please note that by submitting your down payment for our services you are agreeing to all of our terms of service as defined here. "MAI" reserves the right to change or update these terms at any time without prior notice and the right to refuse service to anyone at our sole disgression.

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Portions Copyright © 1996-2007, MicroApplications, Inc. and SeaGoat Music
Last revised: February 1, 2007.