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Web Site Package Elements.
The following criteria will be in effect
for the Web site package.
Wording/-text must be supplied by the Client, via diskette or e-mail
attachment.
Hours
will be allocated as per agreement for communicating
with Client, Hosting Company, Domain registrar
and any other 3rd party group or
organization necessary in the process of constructing
the site.
Hosting.
The client understands that any Hosting Provider
Services require a separate contract with the
Hosting Provider of the Client's choice. The
client agrees to select a Hosting Provider,
which is compatible and allows the Contractor
full access to the Web site and a cgi-bin directory
via FTP.
Completion
Date. The Web site will be completed 3
months from the date the deposit is received.
If either party should foresee any delays, an
explanation should be provided in writing and
an amendment to this contract must be signed
providing a new completion date.
If the client does not supply the Contractor
with text and graphics content for all Web pages
within six weeks of the date this contract is
signed, the entire amount of the contract
becomes due and payable, unless the client and
contractor have otherwise agreed upon in writing
a change in date.
Payment
of Fees. 50% deposit is due upon start
of project and balance is due upon completion
on date as per contract.
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Client
will indemnify, defend and hold harmless
Contractor against all liabilities,
damages and expenses, including reasonable
attorney fees resulting from any third
party claim or lawsuit arising from Contractor's
performance under this Agreement.
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Contractor's
total liability to client under this agreement
for damages, costs and expenses, regardless
of cause, should not exceed the compensation
received by Contractor under this agreement.
Contractor shall not be liable for Client's
lost profits, or special, incidental or
consequential damages.
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Intellectual
Property Ownership. Once the final payment
has been made Contractor grants to Client a
royalty-free nonexclusive license to use anything
created or developed by Contractor for Client
under this Agreement. (Contract Property) The
License shall have a perpetual term and the
Client may not transfer it. Contractor shall
retain all copyrights, patent rights and other
intellectual property rights to the Contract
Property.
Copyright to Web Pages. Copyrights to software, scripts and server
side programs remain the property of their respective
owners. All copyrights to Design, Formatting,
Layout and HTML will be transferred to Client
after final payment is received. Media-Masters
reserves the right to display assembled works
in their prospective portfolio.
Payments.
Payments must be made promptly. 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. The
contractor 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.
Initial Payment and Refund Policy. In consideration for the services
to be performed by Contractor, Client agrees
to pay Contractor.
If the Client halts work and applies by
registered letter for a refund within
5 business days work shall be billed at
an hourly rate of $85.00, and deducted
from the initial payment, the balance
of which shall be returned to the Client.
If, at the time of the request for refund,
work has been completed beyond the amount
covered by the initial payment, the Client
shall be liable to pay for all the work
completed at the hourly rate stated above.
No portion of this initial payment will
be refunded unless written application
is made by registered letter within 5
business days.
By submitting your order to
Media Masters, you signify your agreement to
these Terms of Service.
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