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Terms Of Service
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1. Authorization.
The Client is engaging ArtBoomer.com Incorporated (hereinafter referred to as
"ArtBoomer.com"), 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". The Client hereby authorizes
ArtBoomer.com to access this account, and authorizes the Hosting Service
to provide ArtBoomer.com, 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 ArtBoomer.com to submit the completed Web Design Project
to major Web Search Engines.
2. Development.
ArtBoomer.com includes the following elements in the Web Design Project:
- Domain Registration - option
- Standard Pages
- Picture(s) and/or image(s)
- Link(s)
- Form(s)
- Table(s)
- Logo Design - option
- Forum (message board) - option
- Online Chat - option
- Search Engine Submission
- Search Engine Optimization
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.
ArtBoomer.com represents and warrants that the web site we design
for you will work in:
Microsoft® Internet Explorer versions 4 and higher
Netscape Navigator/Communicator version 4 and higher
While ArtBoomer.com will make reasonable efforts to design a fully-functional
web site, ArtBoomer's warrantee does not cover AOL, text-based browsers or
requested special effects that we have advised you against.
Accessibility for People with Disabilities – ArtBoomer.com 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.
ArtBoomer.com reserves the right, and you hereby agree,
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. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork furnished
to ArtBoomer.com 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 ArtBoomer.com 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.
5. Web Site Maintenance.
This agreement allows for minor web site maintenance to
pages for a one month period. It does not include removing
nearly all the text from a page and replacing it with new text.
If the client or an agent other than ArtBoomer.com attempts updating
the client's pages, time to repair web pages will be assessed at the
hourly rate, and is not included as part of the updating time. The
one-month maintenance period commences upon the date the client signs
this contract.
Changes requested by the client beyond those limits will be billed at
the hourly rate of $55 (Fifty Five Dollars).
6. Completion Date.
ArtBoomer.com 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 30 days after Client has
submitted all necessary materials. If the Client does not supply
ArtBoomer.com with complete text and graphics content for this Web
Design Project within 45 days of the effective date of this agreement,
the entire deposit amount of the agreement shall be retained by
ArtBoomer.com as liquidated damages and the contract shall become
null and void, at ArtBoomer.com option.
7. Project Delivery.
The final web site design project will be published to the Client's
hosting service upon receipt of final payment. The Client understands
that ArtBoomer.com does not provide any hosting services in connection
with this Web Design Project. Hosting services require a separate
contract with the hosting service of the Client's choice. The Client
agrees to select a hosting service which allows ArtBoomer.com full
access to the Client's account via FTP (File Transfer Protocol). The
Client will be solely responsible for any and all hosting service
charges.
The Client assumes all responsibility for the use and functionality
of the Web Design Project.
8. 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 ArtBoomer.com 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.
9. Web Design Project Copyright.
Copyright to the finished web design site produced by ArtBoomer.com will be
owned by ArtBoomer.com. 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.
ArtBoomer.com 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 ArtBoomer.com Web Site.
10. Payments.
Payments must be made promptly based on the terms of this Web Site
Design Project. ArtBoomer.com 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
(including all attorney's fees and court costs) incurred by that process.
This agreement becomes effective only when signed by ArtBoomer.com.
Regardless of the place of signing of this agreement, the Client agrees
that for purposes of venue, this agreement was entered into Toronto,
Ontario, and any dispute will be litigated or arbitrated in Toronto, Ontario
and the Client hereby consents to the personal jurisdiction of the
Ontario Provincial Courts. Furthermore, the Client waives any right to
or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords)
and the submission of the Web Design Project to Web search engines and
updating occur only after the full final payment is made. All payments
will be made in US Dollars.
11. Payment Schedule.
Payment for services provided hereby shall be made in accordance with the
conditions contained in this contract and the Package Price, attached
hereto and made a part of this agreement hereof. Notwithstanding any prices
listed in literature or on Web pages, the Client and ArtBoomer.com agree
that the services described in this contract shall be completed for the
Package Price. The Client agrees to pay to ArtBoomer.com an initial,
non-refundable deposit of 50% (fifty percent) upon execution of this
agreement. Final payment is due prior to publication and/or delivery of
the Web Site Design Project. All amounts must be in US Dollars.
12. Legal Notice.
Notwithstanding anything to the contrary contained in this contract,
neither ArtBoomer.com nor any of its employees or agents, warrant 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. In no event will ArtBoomer.com be
liable to the Client or any third party 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 ArtBoomer.com has been advised of the possibility of such damages.
13. This Agreement.
This agreement constitutes the sole agreement between ArtBoomer.com and
the Client regarding this Web Design Project. Any additional work not
specified in this contract or any other amendment or modification to this
contract must be authorized by a written request signed by both Client and
ArtBoomer.com. All prices specified in this contract will be honored for
6 months after both parties sign this contract. Continued services after
that time will require a new agreement.
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