Website terms and conditions

Creative Website Company
Client Terms and Conditions

Authorization  The client is engaging Creative Website Company as an independent contractor for the specific purpose of designing a worldwide website design project, to be published on a hosting service account. The client also authorizes Creative Website Company to submit the completed web design project to major web search engines. Development  This Web Design Project will be developed using Macromedia® Dreamweaver. Creative aspects such as website design, color, artwork, web widgets, flash video, video shooting and editing style are at the discretion of Creative Website Company unless otherwise specified by client.
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. Creative Website Company represents and warrants that the web site we design for you will work in: Microsoft® Internet Explorer versions 5 and up, Netscape Navigator/Communicator version 4 and up, Mozilla Firefox version 1.0 and up, Safari 3 and up
Creative Website Company will make reasonable efforts to design a fully-functional web site.
Assignment of Web Design Project  Creative Website Company reserves the right to assign subcontractors at the discretion of Creative Website Company to this web design project to insure that the terms and conditions are met as well as on-time completion.
Copyrights and Trademarks It is understood that the client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, video, or other artwork furnished to Creative Website Company 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 Creative Website Company 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.
Completion Date  Creative Website Company and the client must work together to complete the web design project in a timely manner. We agree to work to complete the web design project as quoted after the client has submitted all necessary materials. If the client does not supply Creative Website Company with complete agreed upon 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 Creative Website Company as liquidated damages and the contract shall become null and void, at Creative Website Company option, unless the web design project is canceled in writing by the client prior to 45 days of the effective date of the agreement.
Project Delivery The final web site design project will be published to Creative Website Company’s selected hosting service upon receipt of final payment. The client understands that hosting services are subcontracted out and are chosen by Creative Website Company unless requested otherwise by the client. If the client chooses to select a hosting service it must be a service which allows Creative Website Company full access to the client's account via FTP (File Transfer Protocol). The client will be solely responsible for any and all yearly hosting service charges to Creative Website Company.
Electronic Commerce Laws 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 Creative Website Company 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.
Web Design Project Copyright  Copyright to the finished web design site produced by Creative Website Company will be owned by Creative Website Company . 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 specifically are not transferred to the client, and remain the property of their respective owners. Creative Website Company 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 and web pages will contain a copyright/legal statement with a business card size picture and link to Creative Website Company website.
Payments Payments must be made promptly based on the terms of the web site design quoted project. Creative Website Company reserves the right to remove any web design project from viewing on the internet until final payment is made. All payments are to be made within 30 days after completion and approval of the work by the client. In case collection proves necessary, the client must pay all fees (including all attorney's fees and court costs) incurred by that process.
Payment Schedule Payment for services provided hereby shall be made in accordance with the conditions contained in these terms and conditions and the website quote, attached hereto and made a part of this agreement hereof. The client will pay to Creative Website Company an initial, non-refundable deposit of 50% of the estimated total cost upon execution of this agreement. Final payment is due within 30 days prior to publication of the world wide web and/or delivery of the web site design project. All amounts must be in U.S. Dollars.
Legal Notice Notwithstanding anything to the contrary contained in this contract, neither Creative Website Company 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. In no event will Creative Website Company 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 Creative Website Company has been advised of the possibility of such damages.
Ethics Creative Website Company is released from the agreement if the web design requires nudity or profanity.
This Agreement  these terms and conditions constitute the sole agreement between Creative Website Company and the client regarding this quoted web design project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by both client and Creative Website Company.