Terms and Conditions
DELIVERY OF CONTENT
This agreement assumes that CLIENT will provide all text in electronic
format (.doc, .pub.txt, or .wpd) on computer disc, email or made available
by ftp. All photographs and other graphics are to be provided in high
quality print suitable for scanning or on a computer disc in a standard
graphic format (TIFF, JPEG, GIF, BMP, or PNG). All computer discs will be
returned to the CLIENT upon job completion. Text on typed pages is acceptable
but CLIENT will be charged a transfer fee of $10.00 per page of text.
COPYRIGHT AND PERMISSION
It is the sole responsibility of the CLIENT to obtain all necessary
permissions and authorizations with regard to the use of all copy, graphic
images, company logos, trademarks and or any other supplied material. Every
contracted work will be seen as a guarantee that all such permissions have
been obtained.
LIMITATIONS
This agreement includes custom code related to page design, layout and
functionality that is property of Candlelight Web Design, LLC (CWD). Such code is
licensed to the CLIENT for use only as installed by CWD and only for this one site.
This code may not be distributed modified or copied with out express written
consent of CWD under Itellectual Property Laws.
ACCESS & RIGHTS
CWD must be granted access to the server directory where the design is to
be placed. By signing this agreement, it is also granting CWD full "on demand"
access to the installed files. CLIENT further agrees that CWD shall have
the right to remove "our" design from public view for failure to adhere to
the terms of this agreement. These could include violating licensing
agreement or failure to pay fees duly assessed.
EXEMPTION
CWD cannot and will not be held responsible for modifications, alterations,
or deletions made by any third party. CLIENT acknowledges and agrees that CWD
has no control over and will not be liable for the unlawful acts of others
who access CLIENT'S installed and publicly posted materials.
DESIGNER "BRANDING"
CLIENT agrees that a link will appear at the bottom of each page in the
CLIENT'S site. Link will be in the form of a very small graphic and/or text link.
RIGHT OF REFUSAL
CWD reserves the right to refuse service for any content deemed inappropriate,
illegal or immoral. CWD may cancel this agreement for failure of CLIENT to abide
by these terms.
"SUBMITTED FOR YOUR APPROVAL"
CWD will post all site work done to our server for review by CLIENT. This will
allow the CLIENT an opportunity to review the appearance and content of scripted
material. All custom programming and custom graphics including logos, animations
and flash programming provided for CLIENT per the original contract will be
considered as part of the finished product even if the CLIENT decides not to use.
If the CLIENT request changes outside the limits of original contract, CLIENT agrees
to pay CWD web design fees on a per hour basis. Unless CWD is notified via
email within ten (10) days of posting review, CWD will consider the material
deemed acceptable by the CLIENT. Payment of the fee balance will then become due.
POSTING TO SERVER
Upon payment of balance, CWD will post (install) pages to CLIENT'S server
(site location). This may take several days depending on the setup times and
server side changes that need to be made.
SERVICE INTERRUPTIONS
CLIENT acknowledges and agrees that CWD cannot guarantee constant
service because of the variables involved. Circumstances beyond our control
include but are not limited to service interruptions caused by Acts of God,
telecommunications system failures and server problems.
MAINTENANCE PLANS
CWD will provide maintenance plans for CLIENT at a predetermined fee if said
CLIENT request said plan. If CLIENT requests any changes above and beyond the
original contract, said CLIENT will pay CWD at the normal per hour web design rate.
SUBJECT TO CHANGE
Terms and conditions Agreement is subject to change without prior written
notice by CWD (includes prices for services).
GOVERNING LAWS
This agreement shall be governed by the Laws of the State of Maryland,
which shall claim venue and jurisdiction for any legal motion claims arising
from this Agreement. This agreement is voids where prohibited by law.
ACCEPTANCE OF TERMS
Placing an order or contracting CWD for web design or graphic design will
be regarded as acceptance of these Terms and Conditions. Placing an order with
CWD can initially be done by email but must be confirmed by postal mail which
will include a signed copy of this agreement.
FEES
Fees due are payable by check, money order or credit card via Pay Pal.
The initial payment of 25% being due upon signing this agreement. The
balance will become due upon completion of the contracted work in accordance
with the CLIENT'S original written specifications. Final payment must be
received before the site will be "live". Returned checks will be subject to
a $35.00 charge. All overdue accounts will be assessed an 18% annual late fee.
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