This agreement is between the Client and Developer, and sets forth the terms and conditions of use of the services provided by the Developer. The Client acknowledges that they have read, understood, and agree to be bound by all terms and conditions of this agreement. This agreement together with all modifications thereto, constitute the complete and exclusive agreement between the Client and the Developer and supersede and govern all prior proposals, agreements, or other communications.
A 50% deposit of the total payment is to be collected from the Client at the beginning of the Project before any work starts. However, if the Project is hourly based, the Developer will give the client an estimate of hours the Project should take to complete. The total amount of the estimated hourly Project is to be collected before work starts. Any time spent over the initially estimated hours will need to be collected just before delivery of the Project. The same terms apply for any additional work requested by the Client during the Project and a new invoice will be sent and will have to be signed.
If the Client does not pay the remaining total amount of their balance along with any additional work included in the amount, a 5% price increase of that remaining amount will be added every week payment is not received from the date it is due. The date that the remaining balance is due will be sent to the Client via email from the Developer. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Upon cancellation of the Project, the Developer will not be able to deliver any of the subject matter including, all source code files, web-ready images, any logo/brand identity source files, marketing or packaging graphic files if full payment has not been made. All deposits are non-refundable.
Prices on both recurring and hourly projects are subject to change. If and when a price change occurs, the Developer will notify the Client of the change and where a new agreement may be needed. If the Client wishes to cancel their recurring charge, they must notify the Developer in writing.
To prevent problems and delays in the execution of this agreement, the Client will have a designated single point of contact. This person should be of seniority and authorized to agree to all contractual and deliverable aspects of the Project. The single point of contact in this agreement shall be that name under, “Client Name” on the invoice.
All content, whether it be text, graphics, audio, video, or any other form of data, must be supplied by the Client to the Developer. It is the job of the Client to provide the content needed to have the Project move forward to completion. The Developer will not be liable under any circumstances if the Client has sent plagiarized material, copyrighted graphics, audio, or video. The Client shall assume responsibility for all collection of legal fees necessitated by any unlawful acts.
The Developer reserves the right to refuse to handle: Any media that is unlawful or inappropriate. Any media that contains a virus or hostile program. Any media that constitutes harassment, racism, violence, obscenity, harmful intent, or spamming. Any media that constitutes a criminal offense, or infringes privacy or copyright. If at any point the Developer chooses to cancel the Project, no refunds will be made
Article 2 of the Uniform Commercial Code is made a part of these Terms & Conditions.
The Client and the Developer agree to comply with the provisions of the Code of Fair Practice, a copy of which may be obtained from the Joint Ethic Committee, P.O. Box 179, Grand Central Station, New York, New York 10017.
The Client and the Developer agree to comply with the provisions of the Code of Fair Practice, a copy of which may be obtained from the Joint Ethic Committee, P.O. Box 179, Grand Central Station, New York, New York 10017.23. Unauthorized Use and Program Licenses The Client will be responsible for payment of any special licensing or royalty fees resulting from the use of the graphics programs that require such payments.
Client agrees that it shall not hold the Developer liable for any incidental or consequential damages that arise from the Developer’s failure to perform any aspect or obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party.
Both the Client and the Developer agree to indemnify and hold harmless the other Party, its respective affiliates, employees, and permitted successors. Assigns against any losses, claims, damages, penalties, liabilities, punitive damages, expenses, reasonable legal fees of whatsoever kind or amount, which result from the negligence of or breach of this Agreement. This section remains in full force and effect even after the termination of the Agreement.
The Developer acknowledges and agrees that the source materials and technical and marketing plans or other sensitive business information, as specified by the Client, including all materials containing said information, that is supplied by the Client to the Developer or developed by the Developer in the course of developing the website are to be considered confidential information. Information shall not be considered confidential if it is already publicly known through no act of the Developer.
Any disputes in excess of (maximum limit for small- claims court) arising out of this agreement shall be submitted to binding arbitration by a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Developer
The Developer shall use the information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer them services or products that may be of interest to or benefit the Client.
The Developer agrees that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about the Developer to another party unless directed by the Developer.
The signature of all parties shall evidence acceptance of these terms.