1. Authorization
The named client is engaging Designing Fresh as an independent contractor
for the specific web design project of developing and/or improving a website, hereinafter referred to as "web design project" which may
be installed on the client's account on an Internet Service Provider (ISP), hereafter referred to as "hosting service." The client hereby
authorizes Designing Fresh to access this account and authorizes the Hosting
Service to provide Designing Fresh 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 including
but not limited to submitting the completed website project to major search
engines.
2. Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics,
photos, designs, trademarks or other artwork furnished to Designing Fresh
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 Designing Fresh from any claim
or suit arising from the use of such elements furnished by the client.
3.Credits and Links
A link to Designing Fresh will appear in
small type and graphical
format at the bottom of the website. The link will not cause users to leave
the clients website; rather, it will open a new browser window to the Designing
Fresh website. The link will typically state, "Website: by Designing
Fresh." This
link may not be modified at any time without express written consent of Designing
Fresh during the existence of the website for public viewing. If the client
wants the link excluded, an agreement must be made between the client and Designing
Fresh..
4. Completion Date
Designing Fresh and the client must work together to complete the web design
project in a timely manner. I agree to work expeditiously to complete the
web design project within 45 days after the client has submitted all
necessary materials. I just ask that that you keep in touch with
me throughout this process. I love to see a completed website and have you
enjoying it as soon as possible!
5. Project Delivery
After decisions on the screenshot and graphics have been made, I will upload
the graphics and program to your website host. When basic payment, shipping
and taxes have been configured and website is in working order, final payment
is due. Afterwards I will continue working with you to
complete the final tweaks, upload your products and to train you in the use
of your website. There is no limit on training or support. It is available
for the life of your website!
6. Payments
Acceptable forms of payment are Paypal, Visa, Mastercard, Discover
and American Express. Note: I do not currently accept any form of checks/money
orders. An initial 25% deposit is required to hold your place on our waiting
list (if applicable). This deposit is non-refundable. 50% of the total project
cost is due when your project begins development, with the remaining balance
due upon your website being in working order and ready
to have products loaded (if ecommerce) or ready to view (if flash or informational).
All amounts must be in U.S. dollars.
7. Website Support
You will receive e-mail and telephone support for life after your site
has been completed by Designing Fresh. I am here to help you become
familiar with your site and manage all
aspects of your site. If you need help with time-consuming issues that
are more complex than "basic website training," or you need advanced modules
or programs added to your website then an hourly or by-the-job fee will be
charged. We will agree on all charges before the work begins...no surprise
charges. =) The majority of our communication will be via e-mail...but
rest assured we check our e-mails promptly and reply in a timely matter to
all client concerns and questions. I am also available at all times to my
clients by phone.
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
Designing Fresh 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
Designing Fresh will own the copyright to the finished web design site produced
and designed by Designing Fresh. The client will be purchasing the rights
to use the web design project and their website, as well as all included
graphics once final payment under this agreement and any additional charges
incurred have been paid. Designing Fresh retains the right to display
graphics and other web design elements as examples of our work and to profile
it in our portfolio, unless other arrangements have been specifically made.
"In more laymen terms this means that, you can't claim the graphics as
having been made by you, since I designed them, but you own the right to
use the graphics on whatever you want--as they are your graphics and you
paid for them. I put all of my clients' websites on my Portfolio page. If
you would like your website to not be featured there, let me know and we'll
work out an agreement.
10. Legal Notice
Designing Fresh 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 (although I will do everything....to make this happen)
In no event will Designing Fresh 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.
