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TERMS AND CONDITIONS 1. Authorization. The client is engaging Southern Belle Designs, as 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 on a web hosting service's computer. The client hereby authorizes Southern Belle Design to access this account, and authorizes the web hosting service to provide Southern Belle Design with "write permission" for the client's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. (This permission can be emailed.) 2. Standard Website Package Elements. Southern Belle Designs includes the following elements in their Standard Website Packages:
3. Standard Website Packages. The content of the web pages will be supplied by the client and executed as specified by the client. Please send us your final text. Time required to make substantive changes to client-submitted text after the web pages have been constructed will be additional, billed at an hourly rate. 4. Web Design Fees. The client agrees to pay Southern Belle Design for each page designed determined by the web packaged purchased or the custom design quoted. Any additional pages will carry the same design fee. Payment in full is required before construction of said webpages commences. After one year design fees will be assessed on a fair value basis determined by Southern Belle Design. Flash designs may incur and additional fee. 5. Website Maintenance. Web site maintenance services include revising, editing, or otherwise changing existing web pages to keep your website up to date. The worth of keeping a website is its ability to maintain current information online at a reasonable cost. We assume that you want to revise some or all of your web pages over time, as well as adding additional web pages. Southern Belle Design offers the following Options for website maintenance.
6. Completion Date. Southern Belle Designs and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website. Our average start to finish is 4 weeks, but expedited processing is available and assesed on an as needed basis. After a period of 30 days from the last content sent by client and work perform by Southern Belle Designs the site is considered complete and any additional work will incur maintenance costs. 7. Payment of Fees. Fees to Southern Belle Designs are due and payable on the following schedule:
8. Assignment of Project. Southern Belle Designs reserves the right to assign subcontractors to this project to insure on-time completion. 9. Legal Stuff. Southern Belle Designs does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be 100% uninterrupted or error-free. The entire risk as to the performance of the web pages and website is with hosting company. In no event will Southern Belle Designs be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Southern Belle Designs has been advised of the possibility of such damages. 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. 10. Copyrights and Trademarks. The client represents to Southern Belle Designs and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Southern Belle Designs 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 Southern Belle Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. All graphics, text, photo, designs, trademarks furnished by Southern Belle Design remain the property of Southern Belle Designs and are copyrighted. The client has permission to use for the sole purpose of displaying on website designed by Southern Belle Designs. Additional fees may apply if graphics are required for other uses such as tshirts, business cards, banners etc. Souther Belle Designs retains the right to use any designs or graphics as seen fit for marketing and promotion of our design business. 11. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet 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 Southern Belle Designs and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce. 12. Copyright to Web pages. Copyright to the finished assembled work of web pages produced by Southern Belle Design is owned by Southern Belle Design. Upon payment of this contract, 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. Southern Belle Design and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. 13. Payment of fees. In order for Southern Belle Designs to remain in business, payments must be made promptly. Delinquent bills will be assessed a $5 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 $25.00 penalty will be added for each month of delinquency. Southern Belle Design 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. This agreement becomes effective only when signed by Southern Belle Design. If we have not received all of the information to complete your site or design project within 30 days of your order, it will be considered finished and maintenance fees will apply to complete it. No refunds will be issued due to client failure to provide content in a timely manner. By using Southern Belle Designs the client agrees to the terms of this agreement on behalf of his or her organization or business.
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