WEB DESIGN PROJECT TERMS & CONDITIONS
Latest Issue: 23rd August 2010
The person, organisation or company (hereinafter referred to as "Client") is engaging Quantum Enterprises Web Design as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as "Web Design Project", to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as "Hosting Service", or on Quantum Enterprises own web space, or provided on diskette at the Client's option.
The Client hereby authorises Quantum Enterprises Web Design to access this account, and authorises the Hosting Service to provide Quantum Enterprises Web Design 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 authorises Quantum Enterprises Web Design to submit the completed Web Design Project to major Web Search Engines.
This Web Design Project will be developed using software that Quantum Enterprises deems appropriate.
Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Quantum Enterprises Web Design represents and warrants that the web site we design for you will work in the latest web browsers and those older versions considered to be in widespread use.
While Quantum Enterprises Web Design will make reasonable efforts to design a fully-functional web site, Quantum Enterprises Web Design's warranty does not cover AOL, text-based browsers or requested special effects that we have advised you against.
For People with Disabilities – Quantum Enterprises Web Design' standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
3. Assignment of Web Design Project.
Quantum Enterprises Web Design reserves the right, and the Client hereby agrees, to assign subcontractors to this Web Design Project to ensure that the terms of this agreement are met as well as on-time completion.
4. Copyrights, Trademarks and Illegal Activities.
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Quantum 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, indemnify and defend Quantum Enterprises Web Design and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
The Client unconditionally guarantees that the content of the web site is not illegal in the country of original or any countries that can access the content, and agrees that Quantum Enterprises Web Design can remove any content that may be considered illegal and / or suspend access to the web site entirely if illegal content is identified on the web site.
Stock photography or other images supplied by Quantum Enterprises is usually subject to copyright restrictions and the client agrees to contact Quantum Enterprises to verify licensing restrictions before using such material for other purposes. The client agrees to comply with licensing restrictions for any materials supplied.
5. Complaints About Content
In the event that Quantum Enterprises Web Design receives a direct complaint about the content of a web site, the content will be removed from the site and the Client informed. The Client will then:-
Determine if the content is indeed illegal or defamatory.
Supply alternate content, if necessary.
Issue an apology to the complainant, either directly or via the web site, as appropriate.
If the Client receives a direct complaint about the content of a web site, the Client will inform Quantum Enterprises Web Design as soon as is practical and instruct Quantum Enterprises Web Design on how to proceed (i.e. remove or replace content).
In all cases where content requires removal or replacement, the standard web design fees will apply.
6. Web Site Maintenance.
This agreement allows for minor web site maintenance to pages of your web at the standard hourly rate. It does not include major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette, CD-ROM, DVD,ROM, post and e-mail. Such (major) changes will be subject to the standard price list. (Notice: This rate is subject to change at any time.)
7. Completion Date.
Quantum Enterprises Web Design and the Client must work together to complete the Web Design Project in a timely manner. Quantum Enterprises Web Design will endeavor to complete the project before the date agreed with the client, but will not be held responsible for late completion of the project for any reason, including the late supply of text, graphics, or other materials to complete the project.
8. Project Delivery.
The final web site design project will be published prior to final invoicing. Quantum Enterprises Web Design reserves the right to remove any Web Design Project from viewing on the Internet if payment is not made within the 30 day term.
If separate Hosting services are used they require a separate contract with the hosting service of the Client's choice. The Client agrees to select a hosting service which allows Quantum Enterprises Web Design full access to the Client's account via FTP (File Transfer Protocol). Unless otherwise agreed, the Client will be solely responsible for any and all hosting service charges. If Quantum Enterprises agrees to be responsible for maintaining the hosting service account, the Client will make any necessary information available to access the hosting service web site / control panel. If responsible for maintaining a hosting service, Quantum Enterprises Web Design will make the necessary payment on behalf of the client and will subsequently charge the client accordingly when the next invoice is due. The charge will include any standard charge as per the standard fee schedule.
10. Domain Registration
If the Client is responsible for domain name registration, the contract for registration is between the Client and the Naming Authority, and the Client is solely responsible for maintaining (i.e. re-registering) the domain name as and when required. .
If agreed between the Client and Quantum Enterprises Web Design, Quantum Enterprises Web Design will register a domain name on behalf of the client. If Quantum Enterprises Web Design registers a domain name on behalf of the client, the following conditions apply:-
Quantum Enterprises Web Design is acting as an agent to the Client.
The Client is bound by the terms and conditions of the Naming authority (as attached to this agreement or subsequently supplied when the Naming Authority is determined).
Quantum Enterprises Web Design cannot guarantee that a requested domain name can be registered, and the Client cannot assume that registration has been successful until confirmation in writing has been received from Quantum Enterprises Web Design.
Quantum Enterprises Web Design does not warranty that any Internet Domain Name that is requested or registered will not infringe the rights of any third party and the Client will hold harmless, protect, indemnify and defend Quantum Enterprises Web Design and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the registration of a domain name of behalf of the Client.
11. Electronic Commerce Laws.
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Quantum Enterprises Web Design and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
12. Web Design Project Copyright.
Copyright to the finished web design site produced by Quantum Enterprises Web Design will be owned by the Client. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. Quantum Enterprises Web Design 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 statement with a link to Quantum Enterprises Web Design' Design Services Web Site.
Payments must be made promptly based on the terms of this Web Site Design Project. The standard terms are within 30 days of the invoice date. Quantum Enterprises Web Design reserves the right to remove any Web Design Project from viewing on the Internet if payment is not made. All payments are to be made within 30 days of invoice and approval of the Web Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when signed by Quantum Enterprises Web Design. All payments will be made in UK Pounds Sterling. International customers who cannot pay in Pounds Sterling will be requested to pay by credit card using PayPal.
14. Payment Schedule.
Work will be invoiced on a monthly basis and after completion of the web design project. Invoices which total less than £15 for the invoicing period may, at the discretion of Quantum Enterprises Web Design, be deferred until the following month. On-going web site maintenance will be invoiced similarly.
15. Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither Quantum Enterprises Web Design nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. The Client will hold harmless, protect, indemnify and defend Quantum Enterprises Web Design and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if Quantum Enterprises Web Design has been advised of the possibility of such damages.
15. This Agreement.
This agreement constitutes the sole agreement between Quantum Enterprises Web Design and the Client regarding this Web Design Project. Any additional work not specified in the Web Design Project or any other amendment or modification to the Web Design Project must be provided by a written request.
By placing an order for a Web Design Project, or by supplying a request for any amendment or modification, the Client agrees to the terms, conditions and stipulations of this agreement on behalf of him or herself, or of his or her organisation or business.
This Agreement constitutes the entire understanding of the parties. The Client will be notified of any changes or modifications to this contract. If the client disapproves the changes, Quantum Enterprises Web Design must be notified immediately. If the changes are not accepted, the Client will be given 60 days to find an alternative supplier of the services provided. After 60 days, Quantum Enterprises reserves the right to withdraw all services provided to the Client.
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