Upon
receipt of Customer's order form and payment approval, Graphics, Etc...
(hereafter known as Designer) will promptly begin design work as requested by
Customer.
Before design work begins,
half of the agreed-upon design fee will be due and payable. This fee
is non-refundable, and cannot be used as substitute payment for other
amounts due, such as domain registration repayment. The balance of all
design fees will be due and payable by Customer when site design has been
completed.
All due consideration of Customer's
design
specifications will be taken into account, and will be adhered to as closely
as possible, to the best of Designer's ability.
If Customer has no design
preference, Designer
reserves the right to suggest various themes and combinations
of colors which they believe will best suit the Customer's needs. Customer
is free to accept or decline such recommendations without
obligation to Designer. If Customer declines the theme
recommended by Designer,
another theme may be chosen at either party's discretion.
Designer has the right to
charge client within thirty (30) days for extra pages or design work which
are requested by Customer, but which were not specified in the original
signed contract. However, notice of intent to bill for extra services
shall be given prior to billing, and billing shall not exceed $50 per
additional page.
If
Customer requests domain name registration for his/her website, such service
will be provided at no extra charge to the Customer. However,
reimbursement in full for this service is expected upon confirmation of
registration by directNic. If reimbursement in full is not made within a 15 day
period following said confirmation by directNic, Designer reserves
the right to charge a service fee of up to, but not exceeding, twenty-five
percent (25%) of the entire domain registration fee.
Customer
may request that Designer maintain their website on a monthly, quarterly, or
as-needed basis. Customer will be responsible for supplying all information
for such updates. Designer will make every effort to
update site in a timely, accurate manner.
Designer reserves the right
to charge a fee for monthly, quarterly, or as-needed maintenance, the amount
to be previously agreed upon by both parties. This amount will be
billed on a monthly or quarterly basis, at the Customer's preference.
Customer
will be charged a prorated bill (when actual beginning date starts after the
1st of the new month or quarter)
for the actual number of billable days during that current month or quarter.
Invoices will be e-mailed
approximately ten (10) days prior to the new month or quarter for service the
following month or quarter. All payments are due, and must be received,
by the 5th of that month. A late fee of $5.00 will occur after the 5th,
and service will be suspended by the 10th of the month if payment has not yet
been received. An additional $20 fee will be charged if payment has not
been received by the 15th of the month. A $20 fee will also be charged
for any returned check.
Designer will accept 30-day
written notice to terminate this contract. Failure to do so will allow
Designer to charge a severance fee equal to the amount of one quarter's
maintenance fees, or $200, whichever amount is greater.
Designer prohibits any
abuses, or extreme use of web space or websites, by its Customers. This
includes but is not limited to, file storage that is not related to Customer's website, co-op sharing of space without programming that violates
or threatens the operation or security of the Designer's servers, any
implementation of any type of virus or viruses, or any federal laws governed
by the United States Of America.
Designer will
neither tolerate
nor allow any child pornography on any of its websites or servers,
and will immediately report to the local authorities any site or company that has
such material shown on its site, along with any information it has, in order
to aid in prosecution of person or persons involved in child pornography.
Also Designer will be held harmless and is in no way responsible for the
content on any site. If Designer discovers that any website is displaying
illegal material, that website will be immediately terminated with no refund
of any kind, and all pertinent information will be turned
over to the appropriate authorities.
Adult sites that are hosted
through Designer must be able to verify, upon request, that all
models shown on their site are above the age of 18, and will not hold Designer
liable for any of their content.
Designer may suspend or
terminate any agreement for lack of payment, returned checks, or misuse or
abuse of websites, unless special arrangements have been made.
Designer requires
notification for approval for any site that involves a third
party--involving but not limited to domain sharing, web malls, or file
distribution.
