6. Web Hosting: Web hosting is available through Company. The
"Standard" Hosting Plan is included with the "Web
Site Package Deals" offered by Company. Web Hosting is a requirement
for the Client web site to be accessible via the Internet. If Client
utilizes a hosting plan from Company, the Client agrees to the
"Hosting Terms of Services
Agreement". The Client is not required to
utilize web hosting services of Company although it is recommended.
7. Installation: Company will provide the installation of the web
site to the web hosting server. If the Client chooses a web hosting
service other than the web hosting services offered by Company, the Client
will be responsible to provide Company with any necessary
passwords, internet addresses, write permission, and any other
information required to access the web hosting server in order for
Company to be able to complete installation of the Client web site.
The web site installation process should not exceed the one (1) hour
maximum. The hourly installation rate will be applied to any and all
time in excess of the maximum.
8. Maintenance and Changes: Company will provide minor updates to
the web site for a period of 6 months. Minor updates should not
exceed more than 40% content change of any single page. Maintenance
and changes shall not exceed one (1) hour per month per every 6 web
pages, the hourly Maintenance rate will be applied thereafter. No
other parties shall have the right to change the web site during the
maintenance period. If The Client or an agent other than Company
attempts updating the web pages, time to repair web pages will be
assessed at the hourly rate, and is not included as part of the
updating time
9. Promotion: Company will submit the Client web site to no
less than 10 of the following major search engines and directories: Yahoo,
AltaVista, AOL.com Search, MSN, NetScape Search, HotBot, Excite, Go /
InfoSeek, Looksmart, Lycos, Northern Light, Snap, WebCrawler, Google,
4Anything.com, All The Web / Fast Search, Direct Hit, GOD (Global Online
Directory). The Client must supply keywords to Company as outlined
in the "Web Site Design Specifications Worksheet".
10. Consultation: Company will provide up to two (2) hours of
consultation per every 4 web pages, the hourly Consultation rate
will be applied thereafter.
11. Completion: Company and the Client must work together in order to
complete the web site in a timely fashion. Both Company and the Client
agree to work diligently to meet each due date indicated in
the "Web Site Design Specifications Worksheet". The
Client understands that exceeding one or more of the "due dates"
may require other due dates to be altered.
12. Subcontractors: Company reserves the right to assign
subcontractors to ensure timely completion of the project.
13. Pricing: "Web Site Package Deals" will be priced at their respective
going rate at the time of signing this contract. Custom web sites
will be priced with the "Online Web Site Quote"
system. Web sites that require additional work will be billed at the
appropriate hourly rate based on our Price Schedule at the time of
the signing of this contract.
14. Payment Terms: All payments are to be made in U.S. Funds.
Client agrees to submit a payment of not less than 50% of the total agreed
package price at the time of signing this contract. The remaining balance and any other incurred expenses
shall be paid upon completion of the project as outlined in the Web
Site
Design Specifications Worksheet. Accounts that are not paid
in full within 10 days of completion and/or invoice date will be
considered delinquent. Delinquent accounts will be assessed a $25
charge. If an account remains delinquent 30 days or more, an
additional 5% per month of the remaining balance will be added to the bill for
each month the account remains delinquent. Company reserves the
right to uninstall, or make inaccessible to Client, any web page or web site or
portion of the work, of a delinquent account until full payment is
received. A setup and installation fee of $100 plus $25 per web page
will be required to return a web site to fully accessible
condition
on the Internet or Intranet. Accounts delinquent 120 days or more
will be considered default and may be referred to an outside agency
in an attempt to collect any outstanding balance. The Client shall
assume responsibility for all collection and/or legal fees
necessitated by default in payment.
15. Additional Expenses: Client agrees to reimburse Company for any
additional expenses necessary for the completion of the work.
Additional expenses will be submitted to the Client by the Company
for approval. Examples would be: purchase of special fonts, stock
photography, etc.
16. Additional Services: Any revisions, additions or redesign
Client wishes Company to perform which is not specified in this document shall be
considered "additional" and will require a separate
Agreement and payment.
17. Trademarks and Copyrights: Client hereby unconditionally
guarantees that all text, graphics, photos, trademarks, designs and
any other materials provided to Company by the Client are either
owned by the Client or used by permission of the owners of said
materials. Client agrees to hold harmless, protect and defend
Company from any claim or suit arising from the use of these
materials. Client hereby agrees that any material submitted to
Company will not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or
contain anything libelous or harmful. Similarly, Company warrants
that all graphics and text used in the construction of the site are
either owned by Company or used with permission.
18. Limited Liability: Client hereby agrees that any material
submitted for publication will not contain anything leading to an
abusive or unethical use of the Web Hosting Service or Host Server.
Abusive and unethical materials and uses include, but are not
limited to, pornography, obscenity, nudity, violations of privacy,
computer viruses, any harassing and harmful material or uses, any
illegal activity, or material advocating illegal activity, and any
infringement of privacy or libel.
Client hereby agrees to indemnify and hold harmless Company from
any claim resulting from Client's publication of material or use of
those materials. Company may or may not give notice before
deactivating the use of an account which we decide is an abusive or
unethical use of, or a potentially illegal use of the Web Hosting
Account or Host Server. Client hereby agrees to indemnify and hold
harmless Company in any claim resulting from the submission of
illegal materials.
Under no circumstances, including negligence, shall Company, its
officers and employees, agents or anyone else involved in creating, producing or
distributing it's services, be liable for any direct, indirect,
incidental, special or consequential damages that result from the
use of or inability to use Company's services; or that results from
mistakes, omissions, interruptions, deletion or loss of files or
data, errors, defects, delays in operation, or of performance,
whether or not limited to acts of God, communication failure, theft,
destruction or unauthorized access to Company's records, programs or
services. Client maintains sole responsibility for data backups and
restoration. Client hereby acknowledges that this paragraph shall
apply to all content of Company's services.
Notwithstanding the above, Client's exclusive remedies for all
damages, losses and causes of actions whether in contract, tort
including negligence or otherwise, shall not exceed the aggregate
dollar amount which Client paid during the term of this Agreement
and any reasonable attorney's fee and court costs.
19. Indemnification: Client agrees that it shall defend, indemnify,
save and hold Company harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney's fees, ("Liabilities") asserted against Company,
agents, its Clients, servants, officers and employees, that may
arise or result from any service provided or performed or agreed to
be performed or any product sold by Client, its agents, employee or
assigns. Client agrees to defend, indemnify and hold harmless
Company against Liabilities arising out of any injury to person or
property caused by any products or services sold or otherwise
distributed in connection with service provided by Company, any
material supplied by Client infringing on the proprietary rights of
a third party, copyright infringement, and any defective product
which Client has sold in the Web Design.
20. Laws Affecting Electronic Commerce: The Client agrees that the
Client is solely responsible for complying with such laws, taxes,
and tariffs, and will hold harmless, protect, and defend Company and
its subcontractors from any claim, suit, penalty, tax, or tariff
arising from the Client's use of Internet electronic commerce.
21. Copyright to Web Pages: Client agrees that copyright to the
finished assembled work of web site, produced and designed by
Company is owned by Company. This ownership is to include rights to
the design, any photos or graphics supplied, source code, work-up
files, and computer programs specifically designed for this
particular web site. Upon full and final payment of this contract,
the Client is assigned rights to use as a web site the design,
graphics, and text contained in the finished assembled web site.
22. Authorship Credit: Client agrees that Company may put a small
byline link on the bottom of their web page establishing authorship
credit and copyright notice. Company and its subcontractors retain
the right to display graphics and other web design elements as
examples of their work in their respective portfolios. In order that
Company may remove their byline in the event of the design being
altered, it is mutually agreed that Company will be notified of any
design changes to this web site.
23. Non-Disclosure: Company, its employees and subcontractors agree
that, except as directed by Client, it will not at any time during
or after the term of this Agreement disclose any confidential
information to any person whatsoever.
24. Age: Client certifies that he or she is at least 18 years of age.
25. Cancellation: In the event that the project is postponed or
cancelled at the request of the Client by registered letter, Company
shall have the right to bill pro rata for work completed through the
date of that request, while reserving all rights under this
Agreement. If additional payment is due, this shall be payable
within thirty (30) days of the Client's notification to stop work. In the
event of cancellation, the Client shall also pay any expenses
incurred by Company and Company shall own all rights to any and all
completed work. The Client shall assume responsibility for all
collection and/or legal fees necessitated by default in payment.
26. Refund Policy: If the Client
applies by a registered letter for a
refund within 15 days of signing this contract, work already
completed shall be billed at the appropriate hourly rates as
outlined in the Price List and deducted from the initial payment. If
the work that has been completed is beyond the amount covered in the
initial payment, the Client shall be liable to pay for all work
completed at the appropriate hourly rates as outlined in the Price
List.
27. Arbitration: Any disputes in excess of $1,000 (or the maximum
limit for small claims court) arising out of this Agreement shall be
submitted to binding arbitration before the Joint Ethics Committee
or a mutually agreed upon Arbitrator pursuant to the rules of the
American Arbitration Association. The Arbitrator's award shall be
final, and judgment may be entered in any court having jurisdiction
thereof. The Client shall pay all arbitration and court costs,
reasonable attorney's fees and legal interest on any award or
judgment in favor of Company.
28. Entire Understanding: This contract, together with the links herein, constitutes the sole
agreement between Company and the Client regarding its Web Design
Service. It becomes effective only when signed by both parties.
Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this contract was entered into in
Hartford County, Connecticut, United States and any dispute will be
litigated or arbitrated in Hartford County, Connecticut, United
States. This agreement shall be governed and construed in accordance
with the laws of the State of Connecticut in the United States.
The undersigned agrees to the terms of this agreement on behalf
of his or her organization or business. No responsibility will be
accepted for digital or photocopied signatures.
29. Signatures:
