Terms & Conditions
Green Crescent provides specialized services to clients in areas including website design and development, software programming, graphic design, marketing, communications, consulting, research, and related business services.
In consideration for these products and services, clients pay Green Crescent according to previously arranged fee schedules.
By engaging Green Crescent’s services, our clients hereby agree to the following terms and conditions which shall be considered legally binding unless superseded by a signed, written agreement:
Green Crescent hereby agrees only to undertake projects for which it has sufficient prior experience to efficiently complete the tasks assigned.
After having received notice and having been given a reasonable time to comply, Green Crescent shall make available for download to our clients any and all source code or other products for which they have been paid in full as agreed.
For projects billed on an hourly basis, Green Crescent agrees to provide a detailed accounting of billable hours upon request within 15 days of any billing cycle. Any requests made thereafter will be honored at the discretion of the project manager in charge.
Green Crescent will perform in all material respects in accordance with the written specifications provided by clients and or client consultations. In the absence of such specifications or wherein the scope of projects makes such details difficult to delineate, Green Crescent project managers will draw upon their expertise to meet overall client goals in the most efficient and professional manner possible.
Green Crescent project managers will make a reasonable effort to advise clients when it is believed client specifications may run contrary to client’s overall stated goals.
Green Crescent will not perform any services that are illegal or that may infringe on the legal rights of others.
Green Crescent reserves the right to discontinue any project at any time for any reason without penalty.
Green Crescent can accept payment by check, bank transfer, credit card, and PayPal.
All fees will be quoted and payments rendered in USD (United States Dollars).
Invoices and receipts will be provided upon request provided that said request takes place within 90 days of any given transaction. Any requests for documents made after 90 days will be considered at our discretion.
Green Crescent will not make any charges to client credit cards without a duly signed credit card authorization form detailing each charge.
For payments made to Green Crescent by credit card, clients agree not to initiate a chargeback under any circumstances. Failure to abide by this agreement will be considered attempted fraud and subject to a penalty of $5,000 USD for each chargeback plus 10% of the total amount per day for each day that said payments remain unavailable to Green Crescent in addition to reimbursement of the total amount of any chargeback principal plus any and all costs and fees incurred by Green Crescent as a result of the chargeback or during the collection of said payment.
At the conclusion of any project, any remaining funds on deposit will be returned to clients via check or electronic transfer.
Green Crescent reserves the right to suspend work and or to withhold delivery of any source code or other product in whole or in part in situations wherein payment has not been rendered as agreed.
Liability, Indemnification, and Fitness of Purpose
It is hereby agreed that all source code or other products provided by Green Crescent are provided "as is" and that the only remedy available to clients for any defective or otherwise nonconforming service is the discontinuation of the project.
Green Crescent makes no representations or warranties hereunder and expressly disclaims all representations and warranties, whether express, implied, or statutory, including, without limitation, non-infringement warranties and warranties of merchantability and fitness for a particular purpose.
By engaging Green Crescent services you agree to indemnify, defend, and hold harmless Green Crescent, its affiliates and their respective directors, officers, shareholders, employees, collaborators, service providers, representatives, agents, attorneys, successors, and assigns from and against any and all claims to the extent arising out of or in connection with personal injury, including death, and tangible property damage caused by the negligent or intentional acts or its employees, agents or representatives; misappropriation, infringement or other violation of any applicable law or third party rights, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets and/or licenses; or the breach of its representations, warranties or covenants hereunder.
Solicitation is hereby defined and the willful and bad faith hiring of a Green Crescent employee, service provider, or collaborator. Green Crescent has gone to considerable expense to train employees and vet its service providers and collaborators and the same are essential to Green Crescent’s ability to provide high-quality services at competitive rates.
By engaging Green Crescent, you hereby agree not to willfully and in bad faith make any offer of employment or solicit any service from any current Green Crescent employee, service provider, or collaborator or to knowingly hire the same without the express written consent of Green Crescent. Furthermore you agree that you will not make any offer of employment or solicit any service for a period of no less than 36 months from the date said employee, service provider, or collaborator discontinues work with Green Crescent.
You agree that any cause of action will not be valid unless such action is commenced by the filing of a complaint in a court of competent jurisdiction within one (1) year of the service or product out of which such cause of action arises. Notwithstanding anything contained in this agreement to the contrary, the parties shall be entitled to seek injunctive or other equitable relief whenever the facts or circumstances would permit a party to seek such equitable relief in a court of competent jurisdiction.
The laws of the State of Nevada in the United States of America shall govern any dispute arising from Green Crescent services or projects.