| Site Branders Terms |
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1. Authorization. The named client is engaging Site Branders, 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 clients account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as Hosting Service. The client hereby authorizes Site Branders Service to access this account, and authorizes the Hosting Service to provide Site Branders 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 Site Branders Service to submit the completed web design project to major Web Search Engines.
The following is included in the quoted web design project rate: Client Web Design Project Detail
Site Branders 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.
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Site Branders 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 Site Branders Service and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
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.
Site Branders Service and the client must work together to complete the web design project in a timely manner.
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 Site Branders Service does not provide any hosting services in connection with this web design project. Hosting services require a separate contract with the Site BrandersService. The client agrees to select a hosting service which allows Site Branders Service full access to the client's account via FTP. The client will be solely responsible for all hosting service charges.
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Site Branders Service and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
Site Branders Service owns copyright to the finished web design site produced by Site Branders 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. Site Branders 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 Site Branders web site.
Site Branders Service 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 Site Branders 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 Antonio, Texas, US and any dispute will be litigated or arbitrated in San Antonio Texas, 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. Taxes. Customer will pay or reimburse Site Branders (Site Branders) for all sales, use, transfer, privilege, excise and all other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed by reason of the performance by Site Branders (Site Branders) under this Agreement, excluding, however, income taxes or gross receipts taxes which may be levied against Site Branders (Site Branders). Such taxes may be reflected on Customer invoices.
Site Branders does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will Site Branders Service be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor's computer or Internet software, even if Site Branders Service has been advised of the possibility of such damages.
This agreement constitutes the sole agreement between Site Branders and the client regarding this web design project. Any additional work not specified in this contract must be authorized by a written request. |