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 The 1 Stop Web Shop (1SWS). Such code is
licensed to the CLIENT for use only as installed by 1SWS
and only for this one site. This code may not be
distributed modified or copied with out express written
consent of 1SWS under Intellectual Property Laws.
ACCESS & RIGHTS
1SWS must be granted access to the
server directory where the design is to be placed. By
signing this agreement, it is also granting 1SWS full
"on demand" access to the installed files. CLIENT
further agrees that 1SWS 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
1SWS cannot and will not be held
responsible for modifications, alterations, or deletions
made by any third party. CLIENT acknowledges and agrees
that 1SWS 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
1SWS reserves the right to refuse
service for any content deemed inappropriate, illegal or
immoral. 1SWS may cancel this agreement for failure of
CLIENT to abide by these terms.
"SUBMITTED FOR YOUR APPROVAL"
1SWS 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 1SWS web design fees on a
per hour basis. Unless 1SWS is notified via email within
ten (10) days of posting review, 1SWS 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, 1SWS 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 1SWS
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
1SWS 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 1SWS
at the normal per hour web design rate. SUBJECT TO
CHANGE
Terms and conditions Agreement is
subject to change without prior written notice by 1SWS
(includes prices for services).
GOVERNING LAWS
This agreement shall be governed by the
Laws of the State of Texas, 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 1SWS for
web design or graphic design will be regarded as
acceptance of these Terms and Conditions. Placing an
order with 1SWS 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.
a) By web design projects under $100.00; payment by
ordering.
b) By web design projects over $100.00; 50% by ordering
and 50% by publishing.
c) By web design projects over $500.00; agreed in writing
a down payment and payments by milestones.
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 $15 charge and a 5%
monthly late fee.
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By signing, you agree that you have
read, understood and agreed with all portions of this
Terms Of Service Agreement listed above. This is to
indicate that you have in fact read the Terms Of Service
and is a confirmation that a service is being sought
after by you (The Client):
CLIENT
Signature___________________________________________
Date ________________________________________
Contact Name (printed)
__________________________________________________________
Title (printed)
__________________________________________________________
Phone ___________________________________
FAX _____________________________________
Company/Client
___________________________________________________________
Address
___________________________________________________________
City _________________________________________
State _____ ZIP _________ Country _______________
E-mail address
___________________________________________________________
1SWS representative: ____________________________________
Date _________________________________
