TERMS OF AGREEMENT

Definition of Terms

Jon Jackson, trading as Design for Screen & Print, an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the client’s web space located on an ISP’s computer. The client authorises Design for Screen & Print to access this ISP account, and authorizes the ISP to provide Design for Screen & Print with any necessary “write permission” for the client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorises Design for Screen & Print to publicise their completed website to Web search engines, as well as other Web directories and indexes.

Warranties

Design for Screen & Print represents and warrants to the client that it has the experience and ability to perform the services required; that it will perform said services in a professional, competent and timely manner.
The client represents and warrants to Design for Screen & Print that it will provide client Materials as required in a professional, competent and timely manner.

Standard Website Products and Website Hosting Services

The standard website development as defined through Design for Screen & Print is as follows:

• E-mail/phone consultation. (Initial planning/development consultation is free)
• Up to 2 hours total general Internet orientation, education, marketing strategy, and Web design consultation. Telephone long distance charges are in addition to rates quoted. Additional education and consultation is at our hourly rate of £30.00.
• Up to six web pages, for example a homepage, map & directions page, about us page, contact page, a products page, and a products detail page.
• Text. Final text shall be supplied by the client (200 words per page approximate maximum if not supplied via diskette. Web pages of more than 1,200 words of text may be subject to additional fees for increased formatting time.)
• Links. Up to an average of 2.5 external links per page, and an e-mail response link on each web page to any e-mail address the client designates.
• Custom Graphics. Company logo or other top-of-page graphic, bullets, lines, colored or textured background as well as two photos or graphics per page is included.
• Beyond the two photos or graphics per page, an extra charge will apply for scanning services, photography, and graphic design and modification.
• Installation of Web pages on the client’s ISP host computer.
• A maximum of two revisions will be included to the draft website at no extra cost to create the look and feel that is desired. Further revisions will be billed at the normal hourly rate of £30.00.
• Minor updates and changes to existing Web pages for 2 weeks from completion of website (includes up to a half-hour per page total, subject to the limits outlined below).
• Initial Marketing of registration to the top 4 free search engines as determined by Design for Screen & Print. At no time does Design for Screen & Print promise or imply that we guarantee client’s website a certain rating in the search engines.
• Domain name search and advice. If a domain name is needed for the website, Design for Screen & Print will suggest appropriate names and do a search to ascertain the availability of those names. The determination of a domain name’s availability, does not guarantee it will be still available at the time of registration.
• Domain name registration or transfer. If needed, Design for Screen & Print will complete the necessary forms to register or transfer a domain name as selected by the client. Although Design for Screen & Print will submit forms to register a requested domain name in a timely fashion, Design for Screen & Print does not guarantee the availability of any domain name.
• The sending of spam, or Unsolicited Bulk Email (UBE) is not permitted on accounts hosted by Design for Screen & Print.

Fees.

Design for Screen & Print will execute this website design as specified by the client requirements. Unless specified otherwise, this website includes up to six Web pages. Additional pages, Graphics or photos beyond the allowed average of one per Web page shall be billed at the hourly rate of £30.00.

Maintenance.

Web page maintenance will be the responsibility of the client. If a maintenance service agreement is entered into between Design for Screen & Print and the client. However, Design for Screen & Print will include minor modifications and corrections requested within a two-week period up to a maximum of one hour per page, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the client or an agent other than Design for Screen & Print attempts to update the client’s pages during this time, time to repair the Web pages will be assessed at the hourly rate of £30.00, and is not included as part of the modification time.

Payment.

All services agreed to, shall be sold for the price specified. Payment shall be by cash, cheque, or Bank Transfer, in UK pounds, and made payable to “Jon Jackson”.

Payment Terms.

Unless otherwise stated, a minimum deposit of fifty percent (50%) of the design cost is required to commence work. The site will then be put online on a draft directory of the client’s ISP or of Design for Screen & Print for the client’s viewing. During this proofing stage, typographical errors, design changes, and other corrections will be made according to the instructions of the client. Payment for the site must be made in full before the site will be moved to the main directory of the client’s ISP. Marketing of the site in the top ten search engines and directories will occur only after the final payment is made.

Completion Date.

Design for Screen & Print and the client must work together to complete the website in a timely manner. Much of this depends on receiving the appropriate images and text from the client. We agree to work expeditiously to complete the website in a professional and timely fashion.

Assignment of Project.

Design for Screen & Print reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. Design for Screen & Print will be responsible for the final results of the project.

Additional Expenses.

Client agrees to reimburse Design for Screen & Print for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

Additional Services.

Any revisions, additions or redesign client wishes Design for Screen & Print to perform not specified, shall be considered “additional” and will require a separate Agreement and payment.

Copyrights and Trademarks.

The client represents to Design for Screen & Print and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Design for Screen & Print for inclusion in Web pages 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 Design for Screen & Print and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Age.

Client certifies that he or she is at least 18 years of age.

Limited Liability.

Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
Client agrees to indemnify and hold harmless Design for Screen & Print from any claim resulting from client’s publication of material or use of those materials. Client agrees to indemnify and hold harmless Design for Screen & Print in any claim resulting from the submission of illegal materials.
If Design for Screen & Print shall acquire an Internet Domain Name on behalf of the client, then in such case client waives any and all claims which it may have against Design for Screen & Print, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Design for Screen & Print for any reason.
Under no circumstances, including negligence, shall Design for Screen & Print, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Design for Screen & Print’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Design for Screen & Print’s records, programs or services. Client maintains sole responsibility for data backups and restoration. Client acknowledges that this paragraph shall apply to all content on Design for Screen & Print’s services.

Laws Affecting Electronic Commerce.

The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Design for Screen & Print and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s use of Internet electronic commerce.

Copyright to Web Pages.

Copyright to the finished assembled work of Web pages produced by Design for Screen & Print is owned by Design for Screen & Print. Upon final payment, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. 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. Design for Screen & Print and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Authorship Credit.

Client may select that Design for Screen & Print includes a byline and link on the bottom of their Web Page establishing authorship credit. This byline is upon agreement by both client and Design for Screen & Print and must be removed at any time upon written request by Design for Screen & Print.

Non-Disclosure.

Design for Screen & Print, its employees and subcontractors agree that, except as directed by Client, it will not at any time disclose any Confidential Information to any person whatsoever.

Cancellation.

In the event that work is postponed or cancelled at the request of the Client by registered letter, Design for Screen & Print shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights. If additional payment is due, this shall be payable within thirty days of the Client’s notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by Design for Screen & Print and Design for Screen & Print shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

Refund Policy.

If the client applies by a registered letter for a refund within 15 days of commencement, work already completed shall be billed at the hourly rate of £30.00 and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the client shall be liable to pay for all work completed at the hourly rate of £30.00.

Payment of Fees.

In order for Design for Screen & Print to remain in business, payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a £15.00 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. Design for Screen & Print reserves the right to remove Web pages 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. Please pay on time.

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