Software / Website Warranty Policy 

Apogee Design will make a sincere attempt to resolve problems which interrupt the usability of the software and/or websites provided the software and/or website documents and source code has not been tampered with or modified without written permission from Apogee Design.  We value customer satisfaction and will make every attempt to create a mutually beneficial relationship.   However, Apogee Design does not guarantee error-free software or websites.  Apogee Design does not warranty any project, software, website, service, or product unless otherwise specified in a written contract between Apogee Design and the customer.

Refund Policy

All sales are final, no refunds are provided unless otherwise expressly dictated by Apogee Design.  Apogee Design does not generally offer refunds.  However, because we value our customer's satisfaction, If a customer feels that an Apogee Design product or service has excessively failed their expectations then they may contact Apogee Design in writing (via email) for individual consideration of a full or partial refund.  Refunds are fully left to the discretion of Apogee Design.  Refunds will not be given, under any circumstance, after 30 days from any project delivery date, software sale, product sale, service provided, or any other production of Apogee Design, unless other wise contracted or expressly dictated by Apogee Design.

Project Timeframe and Deadlines

Software and website development and distribution deadlines are meant to be a guideline, and Apogee Design fully intends to meet all deadlines quoted to their customers.  In the software industry unrealistic deadlines can result in a poor quality of software and therefore Apogee Design on occasion will extend deadlines to assure high quality and usable products are produced from our projects.  Apogee Design does not guarantee that project completion will occur by the quoted deadline or within the quoted timeframe.   Apogee Design will not be held accountable for exceeding deadlines or timeframes specified for a project unless otherwise specified in a written contract between Apogee Design and the customer.

Project Cancellation

Projects take a great deal of resources to undertake.  Written contracts on an individual basis will be provided by Apogee Design to most (but not all) of its customers when undertaking a project.  If a written contract exists for a project then the refund or reuse policy will be set via the contract, and if a written contract does not exist then the contract will default to this document.  If a written contract does not exist, and a customer has expressed a desire (in writing via email) to terminate the continuation of a project then Apogee Design will review the project termination request with the customer to determine the conditions of the project termination and validity of the request for project termination, prior to cancellation of the project.  Project Termination will be dictated by Apogee Design. Upon cancellation no refunds will be provided, and no additional monies will be collected by Apogee Design for the project.  After cancellation of a project, full ownership of all software, source code, website documents, and other products that were produced by Apogee Design for the project is retained and/or assumed by Apogee Design, and the customer relinquishes all ownership rights.  The customer or business entity who cancelled the project is prohibited from use, reverse-engineering, distribution, or any other right that could be considered an ownership or licensee right to all items that were produced for the project by Apogee Design.

Software Ownership of Software Developers

At Apogee Design we recognize software for the art-form that it is.  Just as there can never be a more true owner of the "Mona Lisa" than Leonardo da Vinci himself and no work can be scrubbed from the artist's mind who created it, software also has the same intimate qualities with the software developer.  Because of our appreciation for the inherent ownership qualities of art we grant our software developers special privileges and rights that most other software companies vehemently deny.  Unless otherwise contracted by Apogee Design the following policy applies.  Apogee Design and its software developers maintain full ownership of all software produced by Apogee Design.  Software developers employed or sub-contracted by Apogee Design may not reuse source code that was written and paid for by Apogee Design in a manner that is in direct competition with Apogee Design or one of its partner companies, otherwise all rights of ownership are reserved for all software developed by means of Apogee Design to a co-ownership between the software developer that produced the software and Apogee Design.  Software ownership of developers is limited to the software that was specifically produced by the particular developer.

Software Ownership and Licensing to Customers

Unless otherwise contracted or expressly dictated by Apogee Design the following policy applies.  Use and publication of software and websites developed by Apogee Design is restricted to Licensee, Apogee Design, and the software developers who produced the source code.  Apogee Design and its software developers maintain full ownership of all software produced by Apogee Design.  Customers are not granted ownership of software.  Customers are licensed to use and/or publish software and websites produced by Apogee Design, but do not have ownership rights or privileges unless expressly stated in written form by Apogee Design.  Modification of source code and documents produced by Apogee Design is prohibited without written consent of Apogee Design.  All distribution privileges are restricted to Apogee Design and its software developers.  Software developers must adhere to the "Software Ownership of Software Developers" policy in this document.

Customer Expectations

Apogee Design makes an attempt to inform the customer of what to expect from projects, software, websites, products, and services.  Apogee Design will not be held accountable if customer expectation is not met due to misinterpretation of projects, software, websites, products, or services as outlined by Apogee Design.  In the event that Apogee Design fails to fully inform the customer of what to expect from the said items and the customer does not request in written form (via email) an itemized list of expectations (which must be approved by Apogee Design) then Apogee Design has no liability for the customers expectations.

Privacy

Apogee Design will not sell, distribute, reveal, or otherwise make available any customer information, with the exception of listing our client's software and/or website in our portfolio and on our website. If a customer objects to being listed, then the customer should inform Apogee Design in written form (via email), and Apogee Design will promptly remove your information.

Disclaimer of Liability

Apogee Design disclaims all liability for, and does not accept any responsibility for, anything that may happen to you, your equipment, your computer system, your software, or any loss incurred by you through use of Apogee Design's software, products, services, or any other of Apogee Design's productions, the use of any of the software products or services provided by Apogee Design, or the suspension or termination of your service by your website hosting company.

Please contact us with any questions concerning our terms of service.