FEES FOR DESIGN SERVICES. (a) FEES. Seller shall provide an initial forecast of expenses *** until the estimated completion of the Design Services, which is attached hereto as EXHIBIT E and is incorporated herein by reference, to be incurred by Seller with respect to the Design Services. On a monthly basis, Purchaser and Seller shall review actual expenses incurred against forecast. Any anticipated deviations to such initial forecast will be subject to Purchaser's approval prior to Seller incurring such additional expense; PROVIDED, HOWEVER, that all expenses incurred by Seller *** with respect to the Design Services shall be subject to Purchaser's review and approval *** Purchaser shall pay to Seller an amount equal to direct and actual expenses incurred by Seller and as previously approved by Purchaser with respect to the Design Services, including costs for labor and materials *** (collectively, the "DESIGN SERVICE FEES"). *** THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH A *** AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT REQUESTED BY OVERLAND DATA, INC.
FEES FOR DESIGN SERVICES. The purchase of Design Services is a purchase of the time and creativity of Volusion's Design Services team. As such, this is a limited resource and Volusion requires that purchases be consummated within a reasonable amount of time. If You purchase Design Services, including but not limited to Custom Template designs, you must provide the required input, as required in the Welcome email sent by Volusion, within one (1) month of your order date. Failure to timely provide the required input to initiate the design or to timely respond to additional inquiries which cause inactivity on the Services for one (1) month will result in the Services being deemed closed and delivered in full satisfaction. No further Services will be provided without the purchase of additional Services and You will not be entitled to a refund. While the sale of Volusion Services are final and without a right to refund, we understand that Design Services require a longer involvement and circumstances may change. In order to provide flexibility to You, Volusion allows the following refunds for Custom Design Services only: If after the initial consultation with the Design Service team, Customer no longer wishes to purchase the design package, Customer may notify Volusion within one (1) business day to obtain a full refund. Once the Design Services team has begun work on the project, full refunds are no longer available. A partial, pro-rated refund may be obtained within thirty (30) days after the first Customer input is required for the specified Service. Such refund will be pro-rated to compensate Volusion for any expenditure in time, money or other resources already spent on the partial provision of the Services. No refunds will be issued for Premium Templates once they are installed on the customer store. Marketing Services You acknowledge that the efficacy of Volusion’s Marketing Services, including but not limited to PPC, Feed Services, Email Marketing, SEO Services and Social Media Marketing, (each and collectively “Marketing Services”) may be dependent on third party services such as Google, Microsoft, Yahoo, Facebook or Twitter. Volusion will not be held liable for any changes in their algorithms, rules, policies or procedures that may negatively impact the campaign and/or cause it to be paused or disapproved. No refunds will be provided for Services rendered (including set up fees) but determined ineffective due to these third parties. Marketing Services and all related billing w...
