Payments for work performed

 

One-time projects

Payments for one time project are due in increments of 50%. 50% deposit at signature of the agreement and 50% when the project is delivered. 

Payments are final and do not carry a refund unless expressively agreed by the parties.

Payments can be remitted by credit card, ACH or wire transfer. Client pays for the associated fee, which can vary based on the means of payment.

 

Subscription payments & retainers

For clients under retainer, payments are due on the last Friday of each month and are automatically charged by credit card unless expressively agreed by the parties.

Client pays for the associated fee, which can vary based on the credit card company

Payments are final and do not carry a refund unless expressively agreed by the parties.

 

Hosting and transfer fees

For websites, 10XMS automatically hosts the domain for 12 months. After that date, the client has the opportunity to use its own hosting company or stay under our hosting program. Fees varies based on the type of website and security SSL necessary.

Hosting fees are generally $240 per year and can be paid by credit card. Fees apply – paid by client

URL and other assets can be transferred to the client’s hosting company for a fee of $399, payment before the transfer is initiated. The fee can be paid by credit card. Fees apply – paid by client. Typically, it takes 8 hours for a transfer, but delays can occur if the client does not provide the correct information to 10XMS, or additional work needs to be performed to ensure a successful transfer.

 

For social media accounts, 10XMS maintains the ownership until the client requests a transfer. After that date, the client has the opportunity to use its own team or a third-party or stay under our social media program. Fees varies based on the type of social media account and related data.

Social media assets can be transferred to the client for a fee of $299, payment before the transfer is initiated. The fee can be paid by credit card. Fees apply – paid by client. Typically, it takes 4 hours for a transfer, but delays can occur if the client does not provide the correct information to 10XMS, or additional work needs to be performed to ensure a successful transfer.

 

Refunds & chargebacks

10XMS does not provide refund for work performed expressively agreed by the parties within the statement of work. While we always work with our clients to find an agreeable solution, refunds are not accepted after the work has been delivered: website, social media, creative, content, video production, video editing, translation, hosting, security protocol set up, SEO, SEM, email marketing, web production, ORM and review management.

 

Unauthorized chargebacks carries a fee of 25% of the disputed amount unless parties agrees to a settlement. If 10XMS has to remove client access to data, website, social media accounts or other software as part of the investigation, 10XMS will charge a $1,199 fee to re-activate those account. The fee can be paid by credit card. Fees apply – paid by client. Typically, it takes 4 hours for a transfer, but delays can occur if the client does not provide the correct information to 10XMS, or additional work needs to be performed to ensure a successful transfer.

 

ARBITRATION

Parties hereby specifically agree and stipulate as follows:

For purposes of this Agreement, “Dispute” shall mean any dispute, controversy, or claim between 10XMS and client arising out of, relating in any way to, or in connection with this Agreement or the relationship between the 10XMS and its Resellers. The 10XMS and client agree that any Dispute shall be resolved by binding arbitration under the rules of arbitration (“Rules”) of the court of West Palm Beach, FL which Rules are deemed to be incorporated by reference into this section. The duty to arbitrate shall extend to any officer, employee, shareholder, principal, agent, partner, trustee (in bankruptcy or otherwise), or subsidiary of the 10XMS or an affiliate.

The number of arbitrators shall be three, with one arbitrator appointed by client and another arbitrator appointed by the 10XMS The arbitrators appointed by the parties shall, jointly and by mutual agreement, choose the third arbitrator, who shall preside over the arbitration tribunal. ln case the parties or the arbitrators do not reach an agreement or refuse to appoint an arbitrator, the department of justice in West Palm Beach, FL shall select them accordingly, upon request from any of the parties.

The legal place of arbitration shall be in West Palm Beach, FL where the arbitration award shall be rendered. The language to be used in the proceedings shall be English in accordance with the respective law. For the avoidance of doubt, only the English version of this Agreement shall be used in the arbitration proceedings or for any other between the Parties. 

 

The parties are fully aware of all terms and effects of the arbitration clause set forth herein, and irrevocably agree that any disputes arising from or relating to this Agreement shall be solely referred to arbitration. Without prejudice to the validity of the arbitration clause, however, the parties hereby elect the courts in the Department of Justice in West Palm Beach, FL as the exclusive forum for (i) pursuing an injunction or other conservatory measures of a preventive nature to ensure that the arbitration is initiated or continue if already in progress between the parties and/or to ensure the existence and enforceability of the arbitration proceedings; and (ii) seeking mandatory injunctive relief or specific performance; provided, however, that having obtained said mandatory injunctive relief or specific performance, the arbitration tribunal to be fom1ed or already existing, as the case may be, shall adjudicate on any and all issues, whether of a procedural nature or on the merits, thus staying the respective judicial proceeding until an arbitral award is rendered.

 

Each party shall bear its costs associated with the arbitration, including its attorney’s fees, provided, however, that if court proceedings to stay litigation, compel arbitration, or enforce the award are necessary, the party who unsuccessfully opposes such proceedings shall pay all associated costs, expenses, and attorney’s fees that are reasonably incurred by the other party.

 

The parties, witnesses, and arbitrators shall not disclose the contents or results of the arbitration without the prior written consent of all parties to the Dispute, except to the extent necessary to enforce the award or as necessary for financial and tax reporting purposes.

 

GOVERNING LAW

The terms and provisions of this Agreement will be construed according to State of Florida law.

 

UNENFORCEABLE PROVISION

Any provision of this Agreement, which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and without affecting the validity or enforceability of such provision in any other jurisdiction.