| Web Site Design Terms and Conditions by 101 Internet Service
1. Authorization.
The named client is engaging 101 Internet & Marketing, as an
independent contractor for the specific web design project of developing
and/or improving a web site, hereinafter referred to as "web
design project" to be installed on the client's account on
an Internet Service Provider (ISP) / Web Presence Provider (WPP)
computer, hereinafter refer to as "Hosting Service". The
client hereby authorizes 101 Internet & Marketing to access
this account, and authorizes the Hosting Service to provide 101
Internet & Marketing 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.
The client also authorizes 101 Internet & Marketing to submit
the completed web design project to major Web Search Engines.
2. Development.
The following is included in the quoted web design project rate:
Client Web Design Project Detail
Web Design Package Features
Web Design Additions or Options
Browser Compatibility
Designing a web site to fully work in multiple browsers (and browser
versions) can require considerable, extra effort. It could also
involve creating multiple versions of code/pages. 101 Internet &
Marketing guarantee that the web site we design for you will work
in:
Microsoft Internet Explorer versions 3 and up
Netscape Navigator/Communicator version 3 and up
If the client requires the implementation of DHTML then 101 Internet
& Marketing guarantee that the web site we design for you will
work in:
Microsoft Internet Explorer versions 4 and up
Netscape Navigator/Communicator version 4 and up
While 101 Internet & Marketing will make every effort, always,
to design a fully functional web site, our guarantee does not cover
AOL, text-based browsers, or any requested special effect that we
have advised you against.
Accessibility for People with Disabilities
101 Internet & Marketing standard is to meet as many as possible
of the currently recommended guidelines for web site development.
Without sacrificing quality and design, we try to ensure that the
content and functions we build into our web sites are available
to all visitors.
3. Assignment of web design project.
101 Internet & Marketing reserves the right to assign subcontractors
to this web design project to insure that the terms of this agreement
are met as well as on-time completion.
4. Copyright and Trademarks.
The client unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork furnished
to 101 Internet & Marketing 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 101 Internet & Marketing and
its subcontractors from any claim or suit arising from the use of
such elements furnished by the client.
5. Web Site Maintenance.
This agreement allows for minor web site maintenance to pages over
a 1-month period, up to an average of one half hour per regular
web site, including updating lines and making minor changes to a
sentence or paragraph. It does not include updating replacing nearly
all the text from a page with new text, major page reconstruction,
new pages, guest books, discussion webs, navigation structure changes,
attempted updates by client repairs or web design projects delivered
to the client via diskette. The period of 1 months begins on the
date the clients web design site has been published to client's
hosting service or 30 days from the date this agreement was signed,
which ever comes first. If the client's web design package includes
database access using Active Server Pages (ASP), then very minor
page code changes will be accepted under this maintenance plan,
major page code and/or database structural changes will be charged
at current hourly rates.
6. Completion Date.
101 Internet & Marketing and the client must work together
to complete the web design project in a timely manner. We agree
to work expeditiously to complete the web design project no later
than 30 days after the client has submitted all necessary materials.
If the client does not supply 101 Internet & Marketing with
complete text and graphic content for this web design project within
45 days of the date this agreement was signed, the entire amount
of the agreement becomes due and payable. If the client still has
not submitted all the required contents within 60 days after signing
this agreement, an additional continuation fee of 15% of the total
agreement price will be assessed for each month until the web design
project is published or the client cancels the web design project
in writing.
7. Project Delivery.
The web site design project will be published to the client's hosting
service upon receipt of the second payment or delivered via diskette
upon receipt of full payment. The client understands that 101 Internet
& Marketing does not provide any hosting services in connection
with this web design project. Hosting services require a separate
contract with the 101 Internet & Marketing. The client agrees
to select a hosting service which allows 101 Internet & Marketing
full access to the client's account via FTP. The client will be
solely responsible for all hosting service charges.
Publishing:
If the hosting service has FrontPage 98 /2000 extensions installed,
101 Internet & Marketing will use FrontPage 98/2000 to publish
to the site.
If the hosting service does not have FrontPage 98 extensions installed,
101 Internet & Marketing will use FTP to publish to the site.
Diskette:
The client assumes all responsibility for the use and functionality
of the web design project.
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 101 Internet & Marketing 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.
101 Internet & Marketing owns copyright to the finished web
design site produced by 101 Internet & Marketing. The client
will be assigned rights to use the web design project as a web site,
once final payment under this agreement and any additional charges
incurred have been paid. 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.
101 Internet & Marketing and its subcontractors retain the right
to display graphics and other web design elements as examples of
their work in their respective portfolios. All web design projects
will contain a copyright/legal page with a link to 101Internet &
Marketing web site.
10. Payments.
Payments must be made promptly based on the schedule below. Delinquent
bills will be assessed a $15 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. 101 Internet & Marketing reserves the
right to remove any web design project 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. This
agreement becomes effective only when signed by 101 Internet &
Marketing. Regardless of the place of signing of this agreement,
the client agrees that for purposes of venue, this agreement was
entered into in San Marcos, California, US and any dispute will
be litigated or arbitrated in San Marcos California, US. Please
pay on time. Adding of Meta Tags (Description and Keywords) and
the submission of the web design project to Web Search engines and
updating only occur after the full final payment is made. All payments
will be made in US $ funds.
11. Payment Schedule.
a) By web design projects under $ 1000 payment by ordering
b) By web design projects over $ 1000 50 % by ordering and 50 %
by publishing.
12. Legal Notice.
101 Internet & Marketing 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. In no event will 101 Internet &
Marketing 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, even if 101 Internet
& Marketing has been advised of the possibility of such damages.
13. This Agreement.
This agreement constitutes the sole agreement between 101 Internet
& Marketing and the client regarding this web design project.
Any additional work not specified in this contract must be authorized
by a written request. All prices specified in this contract will
be honored for 3 months after both parties sign this contract. Continued
services after that time will require a new agreement.
© Copyright 2001 101 Internet & Marketing. All Rights
Reserved
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