|
|
Sitedesigns4u.com Design Contract
Everyone that decides sitedesigns4u.com is going to be their design company
is required to agree to a design contract. This contract will layout all of
the terms of services we plan to render for your business. Below is a
generic version of our contract that you can review. This contract may
change some depending on your website project.
|
| |
OWNERSHIP OF ARTWORK
Until full payment has been made, Sitedesigns4u.com retains ownership of all
original artwork or parts contained therein, whether preliminary or final.
Upon full payment, the client shall obtain ownership of the final artwork to
use and distribute as they see fit. Sitedesigns4u.com retains the right to
use the completed project and any preliminary designs for the purpose of
design competitions, future publications on design, educational purposes,
marketing materials, and portfolio. Where applicable the client will be
given any necessary credit for usage of the project elements.
If we develop a software or a script for your company it cannot be resold
for profit without written consent from our company. When we develop a
script or software for you it is a single license service. If anyone is
caught selling the software that we have developed you can and will be fined
for copy write infringement. This doesn't apply to designs, pictures, basic
html coding, flash, or any other element that is not considered custom
programming and/or software development.
PRODUCTION SCHEDULE/DELIVERY OF PROJECT
The client will assume any shipping or insurance costs related to the
project. Any alteration or deviation from the above specifications involving
extra costs will be executed only upon approval with the client. The
designer shall not incur any liability or penalty for delays in the
completion of the project due to actions or negligence of client, unusual
transportation delays, unforeseen illness, or external forces beyond the
control of the designer. If such event(s) occur, it shall entitle the
designer to extend the completion/delivery date, by the time equivalent to
the period of such delay.
THIRD PARTY SHIPPING
In the event any material necessary for the production of the project must
be shipped to a third party for additional processing, typesetting,
photographic work, color separation, press work, or binding, the designer
will incur no liability for losses incurred in transit, or due to the delay
of the shipper of the third party.
CLAIMS PERIOD
Claims for defects, damages, and/or shortages must be made by the client in
writing within a period of fifteen (15) days after delivery of all or any
part of the order. Failure to make such claim within the stated period shall
constitute irrevocable acceptance and an admission that they fully comply
with terms, conditions, and specifications.
PROOFING OF FINAL PROJECT
The designer shall make every effort to ensure the final product is free of
any grammatical and spelling errors, before giving the final product to the
client. It is agreed that it is the client’s responsibility to ensure that
there are no spelling or grammatical errors contained in the final product.
It is agreed that the designer is not responsible or held liable for any
errors contained in the final product after the final product has been
committed to print or posted in view of the public.
CANCELLATION
In the event of cancellation of the project, ownership of all copyrights and
the original artwork and disks shall be returned and retained by
SiteDesigns4u.com, and a fee for work completed, based on the contract price
and expenses already incurred, shall be paid by the client.
If the client (you) fails to make payment for the work completed or attempts
to chargeback your deposit you will be subject to and not limited to legal
action, your outstanding balance being sent to collection, and possible
criminal charges.
CONFIDENTIALITY
All correspondence and documents provided will be treated as confidential
between the client and the designer, unless both parties involved have
granted consent.
CUSTOMER UNDERSTANDING
If your site requires any programming that is not stated in the contract
above additional fees can be assessed. None of the additional work will
begin until the customer (you) agrees to the terms and cost. If your site
does require additional programming to make the site run properly that you
do not approve, sitedesigns4u.com is not responsible for the project’s end
result. Meaning if the site doesn’t run the way you expected, it is not our
fault.
When agreeing to a project with our company and the deadline was not
mentioned, there is no deadline. We will do our best to get the project
completed in a reasonable amount of time. Generally turnaround time on any
project ranges from 14 day to 6 weeks. If the customer (you) in said
agreement cancels before giving the designer a reasonable amount of time to
complete said project and refund will not be permitted.
DESIGN BY LINKING TERMS
If said client (you) require the removal of our "designed by" link from your
website project there will be a fee based on the total project cost. This
fee is decided by one of the acting owners of CMH and will be decided by the
owners in the event of such a request. As stated the fee will vary with a
minimum removal fee of 250 dollars USD and can potential increase depending
on the project.
If client removes link after completion of said project without previous
consent from sitedesigns4u.com (CMH) there is will be a 500 dollar fee
billed to your account. If you do require the removal of a designed by link
please send an email to support@sitedesigns4u.com or speak with your
designer to enter an agreement for removal of the designed by link.
Signing of this contract you understand that additional fees will be added,
if deadline is requested by the customer, after project commences.
LEGAL INFORMATION
If customer (you) fails to make payment as scheduled in said agreement. The
customer (you) can be charged late fees and or sent to collection for the
remaining contract total plus any fees to collect final payment. This
includes but is not limited to, collection agency fees, attorney fees, court
cost, chargeback fees, or bad check fees.
Any customer (you) that attempts to unlawfully chargeback their credit card
personal or business will be pursued to the laws legal limit. This includes
civil and criminal action if required. If Sitedesigns4u.com does not choose
to take action this does not remove liability of said customer nor does it
remove the right for sitedesigns4u.com to pursue the matter at a later date
within the statute of limitation set forth by the state of Arkansas.
This Agreement shall be governed by the laws of the Commonwealth of Arkansas
without regard to its choice of law rules. The parties specifically disclaim
the application of the United Nations Convention for the International Sale
of Goods. Federal courts located in Carol County, Arkansas shall have sole
and exclusive jurisdiction over this Agreement. All actions relating to this
Agreement shall be brought in the U.S. District Court for the North-Western
District of Arkansas. The parties expressly agree that jurisdiction is
proper in the court set out in this paragraph.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sitedesigns4u.com and its
parent, subsidiary and affiliated companies, and each of their respective
officers, directors, employees, shareholders and agents (each an
"indemnified party" and, collectively, "indemnified parties") from and
against any and all claims, damages, losses, liabilities, suits, actions,
demands, proceedings (whether legal or administrative), and expenses
(including, but not limited to, reasonable attorney's fees) threatened,
asserted, or filed by a third party against any of the indemnified parties
arising out of or relating to (i) your use of our products (ii) any
violation by you of the terms of service; (iii) any breach of any of your
representations, warranties or covenants contained in this Agreement; or
(iv) any acts or omissions by you. The terms of this section shall survive
any termination of this Agreement. For the purpose of this paragraph only,
the terms used to designate you include you, your customers, visitors to
your website, and users of your products or services, the use of which is
facilitated by us.
If you fail to comply with any terms of this Agreement, you shall be fully
responsible for the cost of labor and any and all other costs, losses or
legal expenses incurred by us in order to rectify the damage caused by you,
or due to that damage.
ACCEPTANCE OF AGREEMENT
The above prices, specifications and conditions are hereby accepted. The
designer is authorized to execute the project as outlined in this agreement.
Payment will be made as proposed above. This agreement is not valid until
client has made first payment to the designer (SiteDesigns4u.com).
By making first payment to SiteDesigns4u.com you agree to the above terms as
they are stated. Your payment will act as you signature is this agreement.
COMPANY INFORMATION
Company Name: (CMH) Sitedesigns4u.com
Company Phone: 479-439-0775
Toll Free At: 1-877-791-9969
Fax Number: 484-377-5031
Technical Support: support@sitedesigns4u.com
Sales Support: sales@sitedesigns4u.com
Hosting Support: support@usawebspace.com |
|
