DESCRIPTION OF PROJECT AND PROCESS
1. 1 Choice 4 Your Store, referred to here as "Design Firm", will plan, design, and code a web site for the individual or corporation, referred to in this document as "Client", to the specifications in the Design or RTML Package chosen.
2. The package covers only that which is described in the Package Description. Additional work will result in additional charges. Additional work is defined as the addition of pages, graphics, or other significant features, any graphic, page design, or actual page requiring more than two rounds of revisions, revisions to text content provided ready for publication, changes to elements which have been finalized, or significant changes in plan, scope, or direction of project. In this case, Client will be provided with a written CHANGE ORDER including an estimate for the additional work.
3. The process for the creation of visuals, such as graphics and page designs, consists of Design Firm providing drafts and asking for feedback from Client; the feedback is then used to produce another draft. This estimate assumes that 2 rounds of this process for each design element will suffice.
4. Text content will be provided by Client as final drafts ready for publication and in digital form. Graphic content will be provided by Client in an orderly manner and clearly labeled as to desired use on site.
5. To maintain our portfolio credentials, and the integrity of any applicable copyrights, Design Firm shall be entitled to place an unobtrusive credit with a hypertext link ("Web Site Design by…") in the footer on each page of the web site. Design Firm is also entitled to reproduce samples of Client’s web site in our portfolio and in any marketing materials.
6. Design Firm may use qualified subcontractors under our supervision for any or all work on this project.
ESTIMATE AND PAYMENT ARRANGEMENTS
7. Design Firm estimates that the cost for producing the site is covered in the package price. Add-ons are available.
8. Payment shall be made as follows:
A deposit of 1/3rd the total price is due upon purchasing the desired package, before work begins;
A second 1/3rd payment of the total price (adjusted for changes in estimate if necessary) is due when mockups are complete and approved;
A final payment (adjusted again for changes in estimate if necessary) is due upon completion of site as specified, before site is published on the Internet.
9. If the production process takes longer than 60 days, billing will switch to semi-monthly and will be based on hours expended, while still honoring this estimate, with invoices sent mid-month and at month's end.
10. In the event of the cancellation of this assignment, or any delay of more than 90 days, we will invoice you for the greater of either: (1) all work completed up to the date of notification, based upon the percentage of the project finished, including expenses; or (2) 20% of the agreed-upon estimate plus expenses, and this contract shall be considered fulfilled by Design Firm. All incomplete work will remain the property of Design Firm. All payments already made will first be applied to these charges.
OTHER LEGAL AGREEMENTS
11. Design Firm will maintain the confidentiality of Client’s source materials, technical and marketing plans and all other sensitive information.
12. Design Firm and Client agree that any dispute arising out of this Agreement shall first be resolved by mediation, if possible. This contract was entered into in St. Joseph County, Indiana, and any necessary arbitration or litigation will take place in this county.
13. Copyright to web documents produced by Design Firm for Client, including page designs, their source code, and the unique assembly of these elements which constitutes a web site, shall be retained by Design Firm. Design Firm agrees not to use these page designs, or significant recognizable portions of them, as part of any other published work. Upon full payment of all invoices due, Client is fully licensed to use and freely reproduce these products for his own purposes; however, this license may not be re-sold or transferred to any third party. Secondary materials created by Design Firm during production, including drafts, plans, graphic source files, and templates, remain the sole property of Design Firm.
14. Client is solely responsible for the editorial content of the material included on its website. Accordingly, Client agrees that it will defend and indemnify (hold harmless) Design Firm from any suit, demand, or claim resulting from the editorial content of the website.
15. Client represents to Design Firm and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Design Firm for inclusion in Client’s web site are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Design Firm and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
16. Design Firm will use Clients current web hosting plan with Yahoo to complete Work. However, Design Firm makes no guarantees as to minimum "uptime", nor shall Design Firm be held responsible for any direct, indirect, special or consequential damages resulting from possible lapses in hosting services. Such possible damages include any lost profits or business interruption or loss of digital data.
17. Design Firm will not be liable to Client or to any third party for any damages arising from the use of web site.
18. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
By placing your order online with our site, you agree to these terms and conditions.