By using company’s services, you agree to be bound by the terms of this agreement and any subsequent modifications that may be posted online by the company. In this Agreement, the party who is contracting to receive the services shall be referred to as Customer, and the party who will be providing the services shall be referred to as Company.
AUTHORIZATION: The Customer is engaging Company as an independent contractor for the specific project of developing and/or improving a Worldwide website to be installed on the Customer’s web space on a web hosting service provider’s server. The Customer hereby authorizes Company to access this account, and authorizes the web hosting service provider to provide Company with write permission for the Customer’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The Customer also authorizes Company to publicize their completed website to Web search engines, as well as other Web directories and indexes.
SERVICES: Company’s services will be activated for Customer upon Company’s acceptance of agreement. Customer agrees that Company or third parties providing services requested by Customer may collect, use, and disseminate information provided by Customer. The content of the web pages will be supplied by the Customer and executed as specified by the Customer in the initial consultation. The Customer’s web site package will include the services and pricing specified in the Webvolve Invoice.
WEBSITE UPDATES: This agreement includes initial web page update(s) prior to final completion of initial website design services. Changes requested by the Customer beyond those limits will be billed at an hourly rate specified in the Webvolve Invoice unless Customer has purchased a Monthly Website Maintenance Package. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, web page design, editing, modifying product pages, art, photo, graphics services, and helping Customer learn how to use their own web page editor.
CHANGES TO BE SUBMITTED: Customer submitting final text to Company more than 30 days after final completion of initial website design services will be billed at an hourly rate specified in the Webvolve Invoice unless Customer has purchased a Monthly Website Maintenance Package.
WEB HOSTING: The Customer understands that any web hosting service provider requires a separate agreement with that provider. The Customer agrees to setup a web hosting service either through the Company, the preferred provider recommended by Company, or a hosting provider which allows Company full access to the website and a cgi-bin directory via FTP. The Customer further understands that if the web hosting service provider operating system is not a UNIX system, standard CGI software may not work, and providing a substitute may incur additional charges.
SEO: The Customer understands that no company can guarantee placement on search engines and that such guarantees are not included in Company’s SEO services. The Company uses industry best practices to provide Customer’s website the optimum conditions to increase search engine rankings.
CUSTOMER RESPONSIBILITIES: Customer is solely responsible for Customer’s personal use of the resources made available through Company. Customer shall provide all equipment required to use Company, maintain the security of its password and be responsible for all charges incurred on Customer’s account. Customer shall not use Company in a manner that is libelous, defamatory, obscene, infringing, illegal, or in violation of any Company policy. If payment is made by credit or debit card, Customer shall promptly notify Company of any changes to the billing account, including, change of billing address, expiration, loss or cancellation of credit card. Customer shall indemnify and hold harmless Company from and against any liabilities, expenses (including attorneys’ fees) and damages arising out of any claims based on Customer’s use of Company’s services, including any claim of libel, defamation, and unfair competition, violation of rights of privacy or publicity, infringement of any intellectual property rights or any other illegal act of Customer.
COMPLETION DATE: Company and the Customer must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than eight weeks specified in the Webvolve Invoice. If the Customer does not supply Company complete text and graphics content for all web pages contracted for within eight weeks of the date of this agreement was signed, the entire amount of the agreement becomes due and payable. If the Customer has not submitted complete text and graphics content within three months after entering into this agreement, an additional continuation fee of 10% of the total agreement price will also be assessed each month until the website is advertised.
PAYMENT TERMS: Customer fees are due and payable on the following schedule: 50% upon entering into this agreement, and 50% when the web pages have been constructed according to the Customer’s original written specifications. In case the Customer has not secured Web space on a web hosting service provider by the time the web pages are completed, the web pages may be delivered to the Customer electronically. Advertising the pages to Web search engines and updating occur only after final payment is made. All payments will be made in US funds.
PAYMENT BY CREDIT CARD: Customer authorizes payment of this account by providing Customer’s payment information to Company. Customer understands that charges for the basic service and any additional usage (including excess bandwidth charges) will be billed to Customer. Additional charges are described on the Webvolve Invoice.
ASSIGNMENT OF PROJECT: Company reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion.
COPYRIGHT TO WEB PAGES: Company owns Copyright to the finished assembled work of web pages produced by Company until final payment is made. Upon final payment of this agreement, the Customer is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to source code and software used are specifically not transferred to the Customer and remain the property of their respective owners. Company and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
TERMINATION: Customer’s account may be terminated by (1) Customer upon 3 days’ written notice after date of entering into this agreement, or (2) Company at any time, without notice, if Customer fails to abide by the terms of this Agreement, including failure to pay amounts when due. In addition, Customer agrees that Company may revoke access to Company services for abusive conduct on the system and/or the Internet.
For Customers who are billed monthly for services, termination will be effective at the end of the current billing cycle. The Company does not grant refunds or credits for any prior use including partial use during the last month of cancellation.
NO WARRANTIES AND LIMITATION OF LIABILITY: COMPANY’S SERVICES ARE PROVIDED “AS IS”. COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING CONTENT, GOODS OR SERVICES PROVIDED AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT COMPANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF CUSTOMER’S USE OF OR INABILITY TO USE COMPANY SERVICES, WHETHER BASED IN AGREEMENT, TORT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
GOVERNING LAW: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, USA, and Customer consents to the exclusive jurisdiction and venue of the courts in the County of Dallas in all matters and disputes relating to Customer’s use of Company’s services or this Agreement.
REFUND POLICY: This agreement begins with an initial payment specified in the Webvolve Invoice. If Customer terminates its Company account within 3 days of activation, Customer shall receive a full refund of amounts paid. After 3 days of activation, Company will retain the initial payment even if Customer has submitted no content to the Company. After the web pages have been completed according to Customer specifications, Company will retain the entire fees specified in the Webvolve Invoice.