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Terms and Conditions / Service Agreement
1. Authorization. The named client is engaging Suzumura Enterprises Web Design Service, as an independent contractor for the specific web design project of developing and/or improving a web site, hereinafter referred to as "web design project" to be installed on the client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service". The client hereby authorizes Suzumura Enterprises to access this account, and authorizes the Hosting Service to provide Suzumura Enterprises with "full access" to the client's account, and any other programs needed for this web design project that are included as part of the client's service agreement/level. The client also authorizes Suzumura Enterprises to submit the completed web design project to major Web Search Engines.
2. Development. The following is included in the quoted web design project rate: Client Web Design Project Detail Microsoft Internet Explorer versions 5.0 and later If the client requires the implementation of DHTML then Suzumura Enterprises Web Design Service guarantee that the web site we design for you will work in: Microsoft Internet Explorer versions 4.0 and later While Suzumura Enterprises will make every effort, always, to design a fully functional web site, our guarantee does not cover AOL, text-based browsers, or any requested special effect that we have advised you against. Accessibility for People with Disabilities
3. Assignment of web design project. Suzumura Enterprises Web Design Service reserves the right to assign subcontractors to this web design project to insure that the terms of this agreement are met as well as on-time completion.
4. LOGO CREATION SERVICE Ownership: All final artwork become the property of the Client, having unlimited and royalty-free use of the image upon payment of all fees. Suzumura Enterprises retains the right to display the artwork in their portfolio and advertising materials. All artwork, designs, edits, revisions and work product created in the project (other than the final design accepted by the client as being the subject of this agreement) remain the exclusive copyright and intellectual property of Suzumura Enterprises . Any use of this work project by the client and/or their assigns is strictly prohibited without written, prior permission by Suzumura Enterprises.
4. Copyright and Trademarks. The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Suzumura Enterprises Web Design for inclusion in the web design project 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 Suzumura Enterprises and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
5. Web Site Maintenance. This agreement allows for minor web site maintenance to pages over a 1-month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include updating replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion forums, navigation structure changes, attempted updates by client repairs or web design projects delivered to the client via diskette. The period of 1 month begins on the date the client's web design site has been published to client's hosting service, or 30 days from the date this agreement was signed, which ever comes first.
6. Completion Date. Suzumura Enterprises Web Design Service and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 45 days after the client has submitted all necessary materials. If the client does not supply Suzumura Enterprises Web Design Service with complete text and graphic content for this web design project within 30 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 60 days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is published or the client cancels the web design project in writing.
7. Project Delivery. The website design project will be published to the client's Hosting Service upon receipt of the second payment or delivered via diskette upon receipt of full payment. The client understands that Suzumura Enterprises Web Design Service does not provide any hosting services in connection with this web design project. Hosting services require a separate contract with the Suzumura Enterprises Web Design Service. The client agrees to select a hosting service which allows Suzumura Enterprises Web Design Service full access to the client's account via FTP. The client will be solely responsible for all hosting service charges. Publishing: Suzumura Enterprises Web Design Service will use FTP to publish to the site.
8. Electronic Commerce Laws. The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Suzumura Enterprises Web Design Service and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
9. Web Design Project Copyright. Suzumura Enterprises Web Design Service owns copyright to the finished web design site produced by Suzumura Enterprises Web Design Service. The client will be assigned rights to use the web design project as a web site, once final payment under this agreement and any additional charges incurred have been paid. 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. Suzumura Enterprises Web Design Service and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. All web design projects will contain a copyright/legal page with a link to Suzumura Enterprises Web Design web site.
10. Payments. Payments must be made promptly based on the schedule below. 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. Suzumura Enterprises Web Design Service reserves the right to remove any web design project 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 Suzumura Enterprises Web Design Service. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in Costa Meda, California, US and any dispute will be litigated or arbitrated in Costa Mesa California, US. Please pay on time. Adding of Meta Tags (Description and Keywords) and the submission of the web design project to Web Search engines and updating only occur after the full final payment is made. All payments will be made in US $ funds.
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