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Web Site Design Terms and Conditions
by Adept Multimedia
1. Authorization.
The named client is engaging Adept Multimedia, 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 Adept Multimedia to access this
account, and authorizes the Hosting Service to provide Adept
Multimedia 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 Adept Multimedia 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. Adept Multimedia
guarantee that the web site we design for you will work in:
- Microsoft Internet Explorer versions 3 and
up
- Netscape Navigator/Communicator version 3 and
up
If the client requires the implementation of DHTML then Adept Multimedia
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 Adept Multimedia 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
Adept Multimedia 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.
Adept Multimedia 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 Adept Multimedia 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 Adept Multimedia 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.
Adept Multimedia 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 Adept Multimedia 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 either
Adept Multimedia's hosting or the client's hosting service upon
receipt of the second payment or delivered via diskette upon
receipt of full payment. Hosting services require a separate
contract with Adept Multimedia. The client agrees to select
a hosting service which allows Adept Multimedia full access
to the client's account via FTP. The client will be solely responsible
for all hosting service charges.
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 Adept Multimedia 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.
Adept Multimedia owns copyright to the finished web design
site produced by Adept Multimedia. 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.
Adept Multimedia 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 the Adept
Multimedia 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. Adept Multimedia
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 Adept Multimedia. Regardless of the place of signing
of this agreement, the client agrees that for purposes of venue,
this agreement was entered into in Santa Barbara, California,
US and any dispute will be litigated or arbitrated in Santa
Barbara 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.
11. Payment Schedule.
- Web design projects under $1000 - payment
by ordering.
- Web design projects over $1000 - 50% by ordering / 50%
by publishing.
12. Legal Notice.
Adept Multimedia 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 Adept Multimedia
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 Adept Multimedia has been advised
of the possibility of such damages.
13. This Agreement.
This agreement constitutes the sole agreement between Adept
Multimedia and the client regarding this web design project.
Any additional work not specified in this contract must be authorized
by a written request. All prices specified in this contract
will be honored for 3 months after both parties sign this contract.
Continued services after that time will require a new agreement.
© Copyright 2001 Adept Multimedia. All Rights Reserved
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