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101 Web Design -Terms & Condition
1. Authorization.
The named client is engaging 101 Web Design, as an independent contractor for the specific web
design project of developing and/or improving a web site, hereinafter referred to as "web design project" to be installed on the client's account on an Internet Service Provider
(ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service". The client hereby authorizes 101 Web Design Service to access this account, and authorizes the Hosting Service to provide 101 Web Design Service with "full access" to the client's account, and any other programs needed for this web design project that are included as
part of the client's service agreement/level. The client also authorizes 101 Web Design Service to
submit the completed web design project to major Web Search Engines.
2. Development.
The following is included in the quoted web design project rate:
Client Web Design Project Detail
Web Design Package Features
Web Design Additions or Options
Browser Compatibility
Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of
code/pages. 101 Web Design Service guarantee that the
web site we design for you will work in:
Microsoft Internet Explorer versions 5 and up
Netscape Navigator/Communicator version 4 and up
If the client requires the implementation of DHTML then 101 Web Design Service guarantee that the
web site we design for you will work in:
Microsoft Internet Explorer versions 4 and up
Netscape Navigator/Communicator version 4 and up
While 101 Web Design Service will make every effort, always, to design a fully functional web site, our guarantee does
not cover AOL, text-based browsers, or any requested special effect that we have advised you against.
Accessibility for People with Disabilities
101 Web Design
Service standard is to meet as many as possible of the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
3. Assignment of web design project.
101 Web Design Service reserves the right
to assign subcontractors to this web design project to insure that the terms of this agreement are met as well as on-time completion.
4. Copyright and Trademarks.
The
client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 101 Web Design for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of
these elements, and will hold harmless, protect and defend 101 Web Design Service and its
subcontractors from any claim or suit arising from the use of such elements furnished by the client.
5. Web Site Maintenance.
This agreement allows for minor web site
maintenance to pages over a 1-month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does
not include updating replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted
updates by client repairs or web design projects delivered to the client via diskette. The period of 1 months begins on the date the clients web design site has been published to client's
hosting service or 30 days from the date this agreement was signed, which ever comes first. If the client's web design package includes database access using Active Server Pages (ASP),
then very minor page code changes will be accepted under this maintenance plan, major page code and/or database structural changes will be charged at current hourly rates.
6. Completion Date.
101 Web Design Service and the client must work together to complete
the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 30 days after the client has submitted all necessary materials.
If the client does not supply 101 Web Design Service
with complete text and graphic content for this web design project within 45 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the
client still has not submitted all the required contents within 60 days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed
for each month until the web design project is published or the client cancels the web design project in writing.
7. Project Delivery.
The web site design project
will be published to the client's hosting service upon receipt of the second payment or delivered via diskette upon receipt of full payment. The client understands that 101 Web Design Service does not provide any hosting services in connection with this web design project. Hosting
services require a separate contract with the 101 Web Design Service. The client agrees to select a hosting service which allows 101 Web Design Service full access to the client's account via FTP. The client will be solely responsible
for all hosting service charges.
Publishing:
If the hosting service has FrontPage 98 /2000/2002 extensions installed, 101 Web Design Service will use FrontPage 98/2000/2002 to publish to the site.
If the hosting service does not have FrontPage 98 extensions installed, 101 Web Design
Service will use FTP to publish to the site.
Diskette:
The client assumes all responsibility for the use and functionality of the web design project.
8. Electronic Commerce Laws.
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and
defend 101 Web Design
Service and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
9. Web Design Project Copyright.
101 Web Design Service owns copyright to the finished web design site produced by 101 Web Design Service. The client will be assigned rights to use the web design project as a web site,
once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files and computer programs are specifically
not transferred to the client, and remain the property of their respective owners. 101 Web Design
Service and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. All web design projects will
contain a copyright/legal page with a link to 101 Web Design web site.
10. Payments.
Payments must be made promptly based on the schedule below. Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount
remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. 101 Web DesignService reserves the right to remove any web design project from viewing on the Internet until final payment is made. In case collection proves
necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by 101 Web Design Service. Regardless of the place of signing of this agreement, the client agrees that for
purposes of venue, this agreement was entered into in San Marcos, California, US and any dispute will be litigated or arbitrated in San Marcos California, US. Please pay on time. Adding
of Meta Tags (Description and Keywords) and the submission of the web design project to Web Search engines and updating only occur after the full final payment is made. All payments will
be made in US $ funds.
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